CITY COUNCIL: Resolution Amending Joint Powers Agreement for Monterey County Regional Taxi Authority

Meeting Date: June 8, 2010
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

Description: On May 4, 2010, City Council approved Resolution 2010-36, entering into a Joint Powers Agreement for the Monterey County Regional Taxi Authority (RTA). Subsequently, the Monterey Peninsula Airport District requested an addendum to the JPA outlining terms of its participation in the RTA.

Overall Cost:
City Funds: N/A

Staff Recommendation:
Staff recommends that City Council approve this Resolution amending the
JPA to include the Addendum. Approval of the Addendum does not change
the terms of the City’s participation, as approved in Resolution 2010-36.
Also, according to the Transportation Agency for Monterey County (TAMC), which is administrator for the RTA, approval of the addendum does not bind the City to anything except "to exercise reasonable and good faith efforts to explore cost-sharing options for such infrastructure or operational expenses as may be necessary to make such an open-entry system feasible at the airport”.

Important Considerations:
The Sand City Council approved a Resolution approving the JPA with the
Monterey Peninsula Airport addendum on June 1, 2010. Other cities have
this item on future agendas.

Decision Record:
May 4, 2010: City Council approved Resolution 2010-36, approving the City’s participation in the RTA.

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 AMENDING THE JOINT POWERS AGREEMENT FOR THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY
TO INCLUDE AN ADDENDUM RELATED TO THE MONTEREY PENINSULA AIRPORT DISTRICT

WHEREAS, on May 4, 2010, the Carmel-by-the-Sea City Council passed Resolution 2010-36, approving the City Administrator to sign the Joint Powers Agreement for the City to participate in the Monterey County Regional Taxi Authority; and

WHEREAS, the Monterey Peninsula Airport District has subsequently requested participating agencies adopt an addendum outlining terms of its participation in the Monterey County Regional Taxi Authority; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
SECTION 1. Approve the Addendum to the Monterey County Regional Taxi
Authority Joint Powers Agreement to include terms outlined by the Monterey Peninsula Airport District.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 8th day of June 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

ADDENDUM 1 TO THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY JOINT POWERS AGREEMENT
This Addendum 1 to the Monterey County Regional Taxi Authority Joint Powers Agreement is entered into among the participants who have executed the Monterey County Regional Taxi Authority Joint Powers Agreement (the “JPA Agreement”) with reference to the following facts and objectives:
A. Unlike neighboring municipalities, the Monterey Peninsula Airport District (“MPAD”) does not presently have access to revenue from property, sales, fuel or transient occupancy taxes, and so is dependent on income from sources such as its taxicab franchise.

B. One of MPAD's primary concerns with respect to taxicab service is that an adequate supply of taxicabs continuously be available at the airport to meet the needs of air travelers using the airport.

C. Toward meeting the ends of assuring an appropriate stream of revenue from taxicab operations and assuring an appropriate level of taxicab service on an ongoing basis, MPAD has used an exclusive taxicab franchise agreement.

D. MPAD has been exploring and intends to complete within 120 days its
identification and analysis as to what means and mechanisms would be required to move toward an open-entry system for taxicab operators at the airport.

E. Over the course of the discussions that led to the JPA Agreement, the various participants were made aware of MPAD's unique situation and need to preserve an appropriate revenue stream and level of service at the airport. Nevertheless, the JPA Agreement contains some provisions which, if left unclarified, could create confusion with respect to MPAD's ability to continue to meet its needs.

NOW, THEREFORE, the parties agree as follows:
1. The provisions of the JPA Agreement notwithstanding, MPAD may continue
to use an exclusive taxicab franchise agreement at the airport or otherwise control the number of taxicab franchises serving the airport. No permit to operate a taxicab issued by the Monterey County Regional Taxi Authority (the “RTA”) shall be valid for picking up fares at the airport without MPAD's endorsement and approval.

2. The provisions of the JPA Agreement notwithstanding, MPAD may continue
to impose or authorize the imposition of a surcharge on airport taxicab trips or otherwise regulate or adjust fares on airport taxicab trips. To the extent that any RTA Rules and Regulations governing rates for the provision of taxicab services are inconsistent with MPAD's approved rates, MPAD's rates shall govern with respect to airport taxicab trips.

3. MPAD shall continue to exercise reasonable and good faith efforts to
investigate moving toward an open-entry system for taxicabs at the airport. The other participants in the RTA shall continue to exercise reasonable and good faith efforts to explore cost-sharing options for such infrastructure or operational expenses as may be necessary to make such an open-entry system feasible at the airport.