CITY COUNCIL: Resolution Approving a Joint Powere Agreement to Establish Monterey County Regional Taxi Authority

Meeting Date: May 4, 2010
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

Description: The Transportation Agency for Monterey County (TAMC) gave a
presentation to City Council in March 2009 and recommended establishing a
Regional Taxi Authority (RTA). This Resolution would delegate City
responsibilities for taxi licensing to such an RTA. Documents have been
prepared to participate in a Joint Powers Agreement to approve Carmel’s
participation in the RTA.

The RTA would operate as a “one-stop shop” resulting in streamlined
permitting for taxis, more consistent enforcement, better customer service,
improved access to the taxi market, and would eliminate local government
redundancy related to taxi licensing. It was recommended in the study that
Monterey-Salinas Transit (MST) should administer the RTA.

Overall Cost:
City Funds: A one-time contribution of $2,600. Permit fees collected from
drivers will fund the Authority’s administrative costs and should be cost
neutral over time.

Staff Recommendation:
Staff recommends that City Council approve this Resolution to create a Joint Powers Agreement for a Monterey County RTA. Related to this
recommendation is a separate action requesting adoption of a revised taxi
ordinance. The proposed JPA was reviewed and approved in form by the
City Attorney.

Important Considerations:
Member jurisdictions and representatives from MST and the Airport District support establishing an RTA.

Decision Record:
City Council meeting March 3, 2009: Conceptual support to bring a proposed Resolution before Council for consideration.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A JOINT POWERS AGREEMENT TO ESTABLISH THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY

WHEREAS, the staff of the City of Carmel by the Sea has been coordinating with the Transportation Agency for Monterey County (TAMC) to establish a Regional Taxi Authority in Monterey County and transfer responsibilities for taxi licensing to the new Authority; and;

WHEREAS, the Authority would assume the responsibilities of each jurisdiction for taxi permitting; and

WHEREAS, at the March 3, 2009 meeting of City Council, TAMC made a
presentation on the proposed authority, and the Council authorized TAMC and the City Administrator to return to the Council for approval of necessary implementing documents when ready; and

WHEREAS, the participating jurisdictions recommend approval of a Joint Powers Agreement to form the Authority, which would officially contract with Monterey-Salinas Transit (MST) to administer all of the Authority’s necessary functions.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA DOES:

SECTION 1. Approve for the City Manager to sign the Joint Powers Agreement for a Monterey County Regional Taxi Authority.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 4th day of May 2010 by the following roll-call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

________________________
SUE McCLOUD, MAYOR

ATTEST:

____________________________
Heidi Burch, City Clerk

EXHIBIT “A”
Monterey County Regional
Taxi Authority Joint Powers Agreement
This Monterey County Regional Taxi Authority Joint Powers Agreement (the
“JPA Agreement”) is entered into pursuant to Government Code section 6502 by and among the participants who have executed this JPA Agreement. Participants may be individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
This agreement is based on the following facts and circumstances:
A. Each of the Parties is empowered to regulate the operation of taxi services
within its respective jurisdiction. Eligible Parties to enter into this JPA Agreement shall
be the County of Monterey (“County’), incorporated Cities located in Monterey County
(collectively, the “Cities”), the Monterey Peninsula Airport District (“MPAD”) and
Monterey Salinas Transit (“MST”).
B. Each of the Parties eligible to enter into this JPA Agreement is authorized
to regulate the licensing of taxi operators within its respective jurisdiction. As used in this
JPA Agreement, the “jurisdiction” of MPAD shall refer not to the territorial limits of
MPAD, but rather to land owned by MPAD within the unincorporated portion of the
County of Monterey commonly known as the Monterey Peninsula Airport, including
without limitation the airfield, the terminal and other buildings, the parking areas, Airport
Road, Fred Kane Drive, Skypark Drive, Skypark Way, and the other roadways serving
the airport and its facilities (collectively referred to as the “Airport”).
C. The Parties who execute this JPA Agreement desire to jointly exercise
their common powers to regulate the licensing of taxi operators and operation of taxi
services within their respective jurisdictions.
D. Any reference to MST shall be to the Monterey-Salinas Transit Joint
Powers Agency, or to its successor, the Monterey-Salinas Transit District formed and
operating in accord with the Monterey-Salinas Transit District Act, Section 106000, et
seq., of the Public Utilities Code which provides for dissolution of the Monterey-Salinas
Transit Joint Powers Agency on July 1, 2010, and succession of the Monterey-Salinas
Transit District to all rights, powers, duties, and obligations previously held by that
agency.
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NOW, THEREFORE, the Parties agree:
Section 1.
Parties
Parties to this JPA Agreement are those Parties signatory hereto or signatory in
the future.
Section 2.
Formation of the Monterey County Regional Taxi Authority
Pursuant to the authority of Government Code section 6500, et seq., the Parties
hereby establish the Monterey County Regional Taxi Authority (the “RTA”).
a. Purpose. The purpose of the RTA shall be to jointly exercise the powers of
the Parties to regulate the licensing of taxi operators and the regulation of taxi
services pursuant to the Joint Exercise of Powers Act, Government Code
section 6500, et seq. in accordance with the terms of this JPA Agreement.
b. Separate Agency. The RTA is a public agency separate and distinct from any
of the Parties.
c. Powers. The RTA shall have the following powers:
1. Except as expressly limited by this JPA Agreement, to exercise the powers
of joint powers agencies specified in Government Code section 6508, and
shall enjoy the privileges and immunities set forth in Government Code
section 6513.
2. To indemnify any or all the Parties in the manner described in section 6 of
this JPA Agreement.
3. To issue a permit to operate a taxicab for use in all participating
jurisdictions.
4. To contract with MST for the provision of all administrative, licensing and
inspection services necessary to administer the Regional Taxi Authority
Program, including but not limited to the provision of insurance,
professional investigators, consultants, accountants, attorneys and
transportation experts or other advisors as the RTA Board of Directors
deems necessary and appropriate.
5. Unless otherwise provided in a separate written agreement, the RTA shall
be exclusively liable for any of its debts, liabilities or obligations, which
shall not be the joint or several debts, liabilities or obligations of any of
the Parties.
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6. To issue discounts to senior citizens.
d. Governance. The RTA shall be governed by a Board of Directors. Each
Party’s representative to the MST Board of Directors shall serve on the RTA
Board of Directors, and each Party who is not a member of MST shall
designate an elected official or employee of the Party to serve on the RTA
Board of Directors. The Chief Executive Officer (CEO) of MST shall serve
as the Clerk of the RTA for purposes of maintaining the record of proceedings
and other books and records of the RTA. As Clerk of the RTA, the CEO of
MST shall be the agent for service of process for the RTA.
e. Bylaws. The RTA hereby adopts by reference the bylaws and procedural
policies and rules adopted by and applicable to MST.
f. Taxi Policies. The RTA shall develop policies, rules and regulations
regarding entry into the taxi business, rates for the provision of taxi services
and a program for mandatory controlled substance and alcohol testing which
conforms with California Government Code section 53075.5 (the “RTA
Rules and Regulations”). Each of the Parties will adopt necessary
ordinance(s) to implement the RTA Rules and Regulations within its
respective jurisdiction.
g. Termination; Withdrawal. This JPA Agreement, and the existence of the
RTA, shall be terminated by a two-thirds vote of the Board of Directors at a
duly noticed meeting of the Board of Directors, and by adoption of a
resolution of termination by two-thirds of the governing bodies of the Parties
to this JPA Agreement. A Party may withdraw from this JPA Agreement by
giving ninety (90) days written notice to the Board of Directors following the
adoption of a resolution of the governing body of the Party withdrawing from
the RTA. Any Party that fails to comply with its obligations under this JPA
Agreement shall be deemed to have withdrawn from the RTA which shall be
in addition to any remedies at law or in equity that may be available to enforce
this JPA Agreement against a defaulting Party.
h. Disposition of Assets and Proceeds upon Termination. Upon termination of
this JPA Agreement, the property of the RTA shall be disposed, divided and
distributed to the member Parties at the time of termination in proportion to
their contributions made to the RTA.
Section 3.
Appointment, Powers and Duties of the Treasurer
The finance officer or administrative services manager of MST, or other MST
employee designated by the MST CEO, is hereby appointed as an officer of the RTA to
act as Treasurer pursuant to this JPA Agreement. The Treasurer shall perform the duties
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set forth in California Government Code sections 6505.5, 6505 and any successor statutes
as well as any powers or duties conferred or imposed by the Board of Directors of the
RTA.
Section 4.
Administrative Costs
No Party to this JPA Agreement shall be required to contribute any amounts to
cover the regular and continuing administrative costs of the RTA, except as may be
authorized by the unanimous vote of all Parties. It is the intent of the Parties to establish
and collect fees from taxi operators which are sufficient to cover the administrative costs
of the RTA, the premium cost for any liability insurance coverage carried for the benefit
of the RTA and the cost of services to be provided by MST to the RTA. Notwithstanding
the foregoing, the RTA may request Parties to pay pro-rata costs relating to formation of
the RTA, and to meet cash flow requirements during the period for which taxi fees may
not fully cover start-up costs. It is the intent of the Parties to recoup these costs from taxi
fees and rebate, in full, all funds advanced to the RTA by the Parties to the Parties.
Section 5.
Amendments
This JPA Agreement may be amended at any time by a written amendment
approved by a unanimous vote of all of the members of the RTA Board of Directors.
Section 6.
Indemnification
The RTA shall indemnify, defend and hold each of the Parties harmless from any
claim, action or damages based upon the licensing of taxi operators and regulation of taxi
operations by the RTA. Unless otherwise provided in a separate written agreement, the
RTA shall be exclusively liable for any of its debts, liabilities or obligations, which shall
not be the joint or several debts, liabilities or obligations of any of the Parties. It is
expressly agreed by all Parties that, in contemplation of sections 895.6 and 6508.1 of the
Government Code respecting the right of contribution of public entities that are parties to
a joint powers agreement, no Party shall be jointly or severally liable upon any judgment
for damages caused by a negligent or wrongful act or omission to act occurring in the
performance of this JPA Agreement, which judgment is rendered or imposed upon any
one of the Parties, unless the Party shall have authorized or consented to the act or
omission to act by an appropriately adopted resolution.
Section 7.
Interpretation of JPA Agreement
Nothing in this JPA Agreement shall be construed to hold any Party liable to any
other Party, or any person not a party hereto, for the licensing of taxi operators or
regulation of taxi operations. This JPA Agreement is designed to implement the
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subvention or disbursement of public funds from one public agency to another and
accordingly is not an agreement as defined in Government Code Section 895.
Section 8.
Manner of Exercise of Powers
The powers of this JPA Agreement shall be exercised subject to the restrictions
upon the manner of exercising of such powers as provided in Section 6509 of the
Government Code.
Section 9.
Sole Agreement
This JPA Agreement is the sole agreement on the subject matters of this JPA
Agreement between the Parties.
Section 10.
CEQA Lead Agency Designation
The Parties agree that for purposes of compliance with the California
Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et. seq.,
for the environmental review of any Regulations adopted by the RTA, that the RTA shall
be the lead agency.
Section 11.
Counterpart Signatures
This JPA Agreement may be signed in counterparts with the signature pages
attached to form a complete document.
APPROVED BY:
[JURISDICTION]
By:_____________________________
Its:_____________________________
[JURISDICTION]
By:_____________________________
Its:_____________________________
[JURISDICTION]
By:_____________________________
Its:_____________________________