board of directors special meeting - mryrta agenda_sep 2020 special...3-1 september 14, 2020 special...

Monterey Regional Taxi Authority City of Carmel-by-the-Sea • City of Del Rey Oaks • City of Marina • City of Monterey

City of Pacific Grove • City of Salinas • City of Sand City • City of Seaside Monterey Peninsula Airport District • County of Monterey

Board of Directors Special Meeting September 14, 2020

Time: Immediately following MST Board of Directors Meeting

Governor Newsom’s COVID-19 Executive Order N-25-20 allows MRTA to hold meetings via teleconference and to make meetings accessible electronically to protect

public health. The September 14, 2020 meeting of the Board of Directors will be held via Zoom conference immediately following the MST Board of Directors Meeting. There will

be NO physical location of the meeting. The public is asked to use the Zoom app for best reception. There may only be limited opportunity to provide oral comments during

the meeting. Persons who wish to make public comment on an agenda item are encouraged to submit comments in writing by email to MST at [email protected] by 3:00

pm on Friday, September 11, 2020; those comments will be distributed to the legislative body before the meeting. Members of the public participating by Zoom are instructed to be on mute during the proceedings and to speak only when public comment is allowed,

after requesting and receiving recognition from the Chair. Prior to the meeting, participants should download the Zoom app at: https://zoom.us/download A link to

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1. CALL TO ORDER

1-1. Roll Call.

1-2. Pledge of Allegiance.

1-3. Review Highlights of the Agenda. (Carl Sedoryk)

2. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA

Members of the public may address the Board on any matter related to the jurisdiction of The Monterey County Regional Taxi Authority but not on the agenda. There is a time limit of not more than three minutes for each speaker. The Board will not take action or respond immediately to any public comments presented, but may choose to follow-up at a later time, either individually, through staff, or on a subsequent agenda.

3. CONSENT AGENDA

These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately.

3-1. Minutes of the Regular Meeting of July 27, 2020.(Jeanette Alegar-Rocha) (Page 5)

End of Consent Agenda

4. REPORTS & PRESENTATIONSNo action is required unless specifically noted.

4-1. Receive Summary from ADHOC RTA Technical Advisory CommitteeMeeting Held on August 20, 2020. (Norman Tuitavuki) (Page 9)

5. BIDS/PROPOSALSNone

6. PUBLIC HEARINGS

6-1. Conduct Second Reading, Receive Public Comment, and ConsiderAdoption of Monterey County Regional Taxi Authority (RTA) Proposed Ordinance #2021-001. (Norman Tuitavuki) (Page 13)

7. ACTION ITEMS

None

8. COMMENTS BY BOARD MEMBERS

8-1. Reports on Meetings Attended by Board Members at RTA Expense. (AB1234).

8-2. Board Member Comments and Announcements.

8-3. Board Member Referrals for future RTA agendas.

9. CORRESPONDENCE & INFORMATION ITEMS

None

10. CLOSED SESSION

None

As permitted by Government Code §64956 et seq. of the State of California, the Board of Directors may adjourn to Closed Session to consider specific matters dealing with personnel and/or pending possible litigation and/or conferring with the Board's Meyers-Milias-Brown Act representative.

None

11. ADJOURN

NEXT MEETING DATE: July 2021

LOCATION: 19 Upper Ragsdale Dr., Suite 100, Monterey, CA 93940

NEXT AGENDA DEADLINE: TBD

MST Board and Committee Agendas Accessibility, Language Assistance, and Public Comments Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at the Monterey-Salinas Transit Administration Building at 19 Upper Ragsdale Dr., Suite 200, Monterey, CA 93940 during normal business hours. Upon request, Monterey-Salinas Transit will provide written materials in appropriate alternative formats, including disability-related modifications or accommodations, auxiliary aids, or services to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number, description of the requested materials, and preferred alternative format or auxiliary aid or service at least three working days prior to the meeting at the address below. Public comments may be submitted for any item on the agenda by contacting MST: Mail: MST, Attn: Clerk to the Board, 19 Upper Ragsdale Dr., Suite 200, Monterey,

CA 93940 Website: https://mst.org/contact-us/ ● Email: [email protected] ● Phone: (888) 678-2871

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Agenda # 3-1September 14, 2020 Special Meeting

Monterey County Regional Taxi Authority MINUTES

July 27, 2020 10:00 a.m.

Frank J. Lichtanksi Administration Building 19 Upper Ragsdale Dr., Suite 100. Monterey 93940

Present: Jeff Baron City of Carmel-by-the-Sea Kristin Clark City of Del Rey Oaks Frank O’Connell City of Marina Dan Albert City of Monterey Joe Amelio City of Pacific Grove Tony Barerra City of Salinas David Pacheco City of Seaside Mary Ann Carbone City of Sand City Gary Cursio Monterey Peninsula Airport District

Absent: Luis Alejo County of Monterey

Staff: Carl Sedoryk General Manager/CEO Lisa Rheinheimer Assistant General Manager Robert Weber Chief Operating Officer Norman Tuitavuki Deputy Chief Operating Officer Kelly Halcon Director of HR and Risk Management Mark Eccles Director of Information Technology Michelle Overmeyer Director of Planning and Innovation Jeanette Alegar-Rocha Deputy Secretary Cristy Sugabo Mobility Manager

Counsel: Michael Laredo De Lay & Laredo

Public: None

Apology is made for any misspelling of a name.

RTA AGENDA / SEPTEMBER 14, 2020 SPECIAL MEETING / PAGE 5

1. CALL TO ORDER

1-1. Roll Call.

1-2. Pledge of Allegiance.

The meeting was called to order by Chair Barerra at 10:00 a.m. Roll call wastaken and followed by the pledge of allegiance led by Director Amelio.

1-3. Report from the RTA Nominating Committee and Conduct Elections.

Director Dan Albert reported that the committee nominated Mayor Mary Ann Carbone, City of Sand City as Board Chair and Councilmember, City of Pacific Grove as Vice Chair.

Director Albert made the motion to conduct the election and approve the appointments which was seconded by Director Clark. A roll call vote was taken. A roll call vote was taken with 9 votes in favor and one absent. The motion passed.

1-4. Review highlights of the agenda.

Mr. Sedoryk reviewed the highlights.

2. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA

Public Comment – None

3. CONSENT AGENDA

These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately.

3-1. Minutes of the regular meeting of July 8, 2019.(Jeanette Alegar-Rocha)

3-2. Receive July 2019 – June 2020 Financial Statements.(Andrea Williams)

3-3. Review FY 2019 RTA Audit and Reimburse $22,033 to MST for RTAExpenses Incurred During FY 2019. (Lisa Rheinheimer)

3-4. Inform the RTA Board Members of the Renewal and Procurement ofGeneral Liability and Directors and Officers Insurance Not to Exceed $11,191.25 for One Year of Coverage. (Kelly Halcon)


3-5. Receive Recommendation from RTA Nominating Committee ofBoard Officials for FY 2021. (Carl Sedoryk)


Director Barrera made the motion to approve all items on the consent agenda which was seconded by Director Albert. A roll call vote was taken with 8 votes in favor, one absent and one abstention. The motion passed.

4. REPORTS & PRESENTATIONSNo action is required unless specifically noted.

4-1. Receive Update from RTA Staff and the July 2019 – June 2020 Reportfrom RTA Administrator. (Norman Tuitavuki)


The RTA Board received an update from staff and the July – June 2020 Report from the RTA Administrator.

5. BIDS/PROPOSALSNone

6. PUBLIC HEARINGS

None

7. ACTION ITEMS

7-1. Adopt Fiscal Year 2021 Final Operating Budget. (Lisa Rheinheimer)


Direct Amelio made the motion to approve item #7-1 which was seconded by Director Pacheco. A roll call vote was taken with 9 votes in favor and one absent. The motion passed.

7-2. Introduce and Hold a First Reading of Ordinance 2021-01 to Amend RTA TaxiAdministration Program Regulations and Direct its Publication as Approved by General Counsel. (Norman Tuitavuki)



Direct Albert made the motion to approve item #7-2 which was seconded by Director Amelio. The motion was amended by Director Baron requesting Chair Carbone to appoint a Technical Advisory Committee and to distribute ordinance 2021-01 to taxi companies and taxi drivers. A roll call vote was taken with 9 votes in favor and one absent. The motion passed.

8. COMMENTS BY BOARD MEMBERS

8-1. Reports on meetings attended by board members at RTA expense.(AB1234).

8-2. Board member Comments and Announcements.

8-3. Board member Referrals to future RTA agendas.

Board Comments – None

9. CORRESPONDENCE & INFORMATION ITEMS

None

10. CLOSED SESSION

As permitted by Government Code §64956 et seq. of the State of California, the Board of Directors may adjourn to Closed Session to consider specific matters dealing with personnel and/or pending possible litigation and/or conferring with the Board's Meyers-Milias-Brown Act representative.

None

11. ADJOURN

There being no further business, Chair Carbone adjourned the meeting at 11:10a.m.

Prepared by: Reviewed by: Jeanette Alegar-Rocha Carl



_____________________________________________________________________

To: Board of Directors

From: Norman K. Tuitavuki, Deputy Chief Operating Officer

Subject: Technical Advisory Committee (TAC) Meeting Summary

RECOMMENDATION:

Receive Summary from ADHOC RTA Technical Advisory Committee Meeting Held on August 20, 2020.

FISCAL IMPACT:

None.

POLICY IMPLICATIONS:

The RTA will vote to adopt proposed ordinance #2021-001. This report summarizes the August 20, 2020, TAC meeting. TAC members support adopting the proposed ordinance.

DISCUSSION:

At the direction of the Monterey County Regional Taxi Authority (RTA) Board Chair, an ADHOC Technical Advisory Committee (TAC) was formed to review and discuss the contactless fare payment device described in the proposed RTA ordinance #2021-001. The TAC met on August 20, 2020, and was attended by the following members:

• Mr. Sid Williams - Measure Q Oversight Committee Chair

• Ms. Maureen McEachen - Mobility Advisory Committee (MAC)

• Mr. Kevin Allshouse - Mobility Supervisor/RTA Staff

• Ms. Hope Ramirez - Yellow Cab Taxi Company

• Ms. Leilani Bustos - Central Coast Taxicab Company

• Mr. Dan Albert - MST Board Chair

TAC members discussed the proposed contactless fare payment device in detail.Highlights of the discussion included the following questions (and answers):

• How does the device work? The device is meant to allow taxi customers to taptheir credit card when paying their fare without having to personally contact theirdriver.


• How will taxi vouchers work with this device? The RTA intends to transitionaway from paper taxi vouchers and envisions loading a credit card or authorizedfare media in lieu of paper vouchers.

• Is there a cost for the card? The intent is to allow customers to use theirexisting credit card. Reloadable cards may be available in the future, but thecost, and possibility is unknown at this time.

• What is the cost for the (proposed) device? Today, the cost from onemanufacturer is $49; however, many banks are offering the device free tocustomers who open a business account.

• Can a maximum daily, weekly, or monthly charge to the card beimplemented? Yes. "Fare capping" is an important element of this programand will operate similar to MST's "Contactless Fare" Pilot Project that also offersfare capping.

TAC members support implementing contactless fare payment devices in RTAtaxicabs as proposed in ordinance #2021-001. Members provided valuable feedback and discussion that will be considered during the implementation process if the ordinance is approved and adopted.

ATTACHMENT- RTA Letter Proposed Ordinance_August 20, 2020

PREPARED BY: ____________________ REVIEWED BY:_____________________ Norman K. Tuitavuki Carl G. Sedoryk


Monterey Regional Taxi Authority City of Carmel-by-the-Sea • City of Del Rey Oaks • City of Marina • City of Monterey

City of Pacific Grove • City of Salinas • City of Sand City • City of Seaside Monterey Peninsula Airport District • County of Monterey

August 4, 2020

RE: Summary of Action Items from July 27th Board Meeting

Dear RTA Owners, Operators, Taxi Employees, and Affiliates:

I am sending this letter to you on behalf of the Monterey County Regional Taxi Authority (RTA). This letter summarizes important action items discussed at the July 27, 2020, RTA Board Meeting, and informs you of other related actions that affect you.

The RTA Board conducted a first reading of proposed Ordinance 2021-01 that amends Sections 23 and 27 of the RTA Taxi Administration Program Regulations requiring:

1. All current RTA Taxicab Drivers complete Taxi Americans with Disabilities ActCertified Training (TACT) on, or before January 1, 2021.

2. Completion of TACT certification which will be a requirement of the Taxicab driverpermitting process, and;

3. All Taxicab drivers install a contactless fare payment device by July 1, 2021.

The suggested changes described above are intended to improve the safety and comfort for RTA customers and the community by reducing the number of paper (physical) vouchers that customers, drivers, and staff handle. In order to serve voucher eligible customers, RTA taxicab drivers must have a valid certification of TACT on file. These proposed changes streamline the entire voucher process and will no longer require RTA customers to check for TACT certification prior to scheduling and accepting a ride from an RTA taxicab.

Currently, the RTA processes thousands of paper vouchers – a long, arduous, and complicated process. Installation of an RTA approved contactless fare payment device can dramatically reduce, and possibly eliminate the number of paper vouchers overall.

ATTACHMENT 1


Finally, RTA Chair Carbone directed staff to convene a Technical Advisory Committee to provide feedback and guidance on the contactless fare payment device as proposed in Ordinance 2021-01. I am actively organizing the Committee and will provide more information once the Committee is formed and has the opportunity to meet.

For your edification – I have attached the proposed ordinance and encourage you to visit the RTA website regularly at mryrta.org, for the latest information that may affect you.

I hope you, your families, employees, and co-workers are doing well and staying healthy.

Sincerely,

Norman K. Tuitavuki RTA Administrator [email protected] (831) 264-9431

Attachments Enclosed: • RTA Proposed Ordinance 2021-01 (English version)• RTA Proposed Ordinance 2021-01 (Spanish version)

cc: Kevin Allshouse, MST MST Marketing Department




_____________________________________________________________________

To: Board of Directors

From: Norman K. Tuitavuki, Deputy Chief Operating Officer

Subject: Monterey County Regional Tax Authority (RTA) Ordinance

RECOMMENDATION:

1. Conduct second reading of proposed Ordinance #2021-001 (Attachment 1) thatwould amend the RTA Taxicab Driver’s Permit process to require new applicantsto complete Taxi Americans with Disabilities Act Certification (TACT) training;and amend the RTA Taximeter Regulation requiring all Taxicab Drivers to installa contactless fare payment device on or before June 1, 2021;

2. Conduct Public Hearing and consider adoption of Ordinance #2021-001

FISCAL IMPACT:

None

POLICY IMPLICATIONS:

The proposed ordinance, if adopted, has significant impact on the safety, comfort, and well-being of RTA customers. The proposed amendment will result in the following changes to Section 23 of the RTA Taxicab Driver’s Permit Application Process:

1. All current RTA Taxicab Driver’s shall become TACT certified on or beforeJanuary 1, 2021.

2. Effective January 1, 2021, RTA Taxicab driver permit applicants shallsuccessfully complete Taxi Americans with Disabilities Act Certification(TACT) provided by MST.

The proposed ordinance, if adopted will also amend Section 27 and require Taxicab Drivers to install a contactless fare payment device and make the device available to RTA customers at all times while operating in RTA’s jurisdiction.

DISCUSSION:

Staff recommends the Board adopt this proposed ordinance as an effort to ensure the safety, comfort, and well-being of RTA customers are provided and maintained by all RTA Drivers. The TACT certification requires Drivers to complete intensive training to educate, improve, and bring awareness to the needs of customers who may need additional assistance during the boarding, alighting, and transporting processes and to provide service in accordance with Americans with Disabilities Act (ADA) and MST rules, policies, procedures, and expectations. Additionally, the installation and operation of a contactless fare payment device allows drivers to collect


fares without physically interacting with customers and adds an additional layer of protection for both customer and driver.

Per the direction of the Board, on August 20, 2020, staff assembled and met with a Technical Advisory Committee (TAC) to review and discuss the contactless fare payment device – a requirement of this proposed ordinance. The TAC members supported the proposed ordinance and provided valuable feedback that may be used during the installation process of the device.

ARTICLE VII of the RTA Bylaws states that the RTA Board shall adopt policies, and perform other activities required to further the mission and goals of the Regional Taxi Authority and to comply with federal, state and local laws. The proposed “Monterey County Regional Taxi Authority Taxi Driver TACT Requirement” (Attachment 1) would establish this requirement.

At the September 14, 2020, Special meeting of your Board, the ordinance will have its second reading and will be subject to a public hearing. Following the public hearing, your Board will have the opportunity to formally adopt the ordinance.

PREPARED BY: ____________________ REVIEWED BY:_____________________ Norman K. Tuitavuki Carl G. Sedoryk

Attachment 1: Ordinance No. 2021-001


of 3 Ordinance 2021-001

ATTACHMENT 1

ORDINANCE NO. 2021-001

AN ORDINANCE OF THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY AMENDING SECTION 23 REGARDING DISABILITY

TRAINING AND SECTION 27 REGARDING TAXIMETERS

FACTS 1. The Monterey County Regional Taxi Authority (RTA) was created pursuant to a Joint

Powers Agreement to assume the responsibility of each member jurisdiction for taxipermitting and regulation; and

2. The Joint Powers Agreement calls for the RTA to develop policies, rules andregulations regarding entry into the taxi business, rates for the provision of taxi servicesand a program for mandatory controlled substance and alcohol testing; and

3. RTA regulations are designed to comply with Government Code § 53075.5 and toprotect the health, safety, and welfare of persons utilizing taxicab services in memberagencies; and

4. Staff recommends additional regulations to ensure the safety, accessibility, comfort,and well-being of RTA customers provided and maintained by all RTA Drivers; and

5. TACT certification requires Drivers to complete intensive training to educate, improve,and bring awareness to the needs of customers who may need additional assistanceduring the boarding, alighting, and transporting processes in accordance withAmericans with Disabilities Act (ADA) and MST rules, policies, procedures, andexpectations.

6. Operation of a contactless fare payment devices allow drivers to collect fares withoutphysically interacting with customers and adds an additional layer of protection forboth customer and driver.

7. The RTA desires to adopt additional regulations regarding safety, and taximeters,among other regulations; and

8. Enactment of a moratorium on evictions does not constitute a “Project” as that term isdefined under the California Environmental Quality Act (CEQA), CEQA GuidelineSection 15060(c)(2) (the activity will not result in a direct or reasonably foreseeableindirect physical change in the environment) and 15060(c)(3) (the activity is not aproject as defined in section 15378).

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

SECTION 1. The foregoing recitals are adopted as findings of the Board of Directors of the Monterey County Regional Taxi Authority as though set forth fully herein.

SECTION 2. Existing RTA Section 23, TAXICAB DRIVER’S PERMIT, shall be amended by the addition of all text shown in bold, italic, underline text (bold italic underline text), as follows:



23. TAXICAB DRIVER’S PERMIT.23.1. In General

23.1.1. Taxicab Driver’s Permit Required No person shall drive or operate any taxicab within the RTA without first having

obtained a driver’s permit from the RTA or an RTA member jurisdiction and successfully completed Taxi Americans with Disabilities Act Certification Training (TACT). […]

23.5. Taxicab driver permit process 23.5.1 TACT certification required

Taxicab driver permit applicants shall successfully complete Taxi Americans with Disabilities Act Certification Training (TACT), provided by MST or another agency authorized by the RTA. This section shall take effect and become operative on January 1, 2021.

Taxicab drivers shall be required to renew TACT certification prior to each individual expiration date. Failure to maintain current TACT certification shall result in the suspension or revocation of a Taxicab Driver Permit.

[…].

SECTION 3. Existing RTA Section 27, TAXIMETERS, shall be amended by the addition of all text shown in bold, italic, underline text (bold italic underline text), as follows:

27. TAXIMETERS.[…]

27.2. Required contactless fare payment. No person shall operate any Taxicab in Regional Taxi Authority Area until such taxicab is equipped with an RTA approved contactless fare payment device. All taxi drivers shall accept card and contactless payments via the approved RTA card payment device located in the passenger compartment and provide receipts for those payments upon request. Any failure to comply shall result in the suspension or revocation of its permit. This section shall take effect and become operative on July 1, 2021.

SECTION 4. The Monterey-Salinas Transit General Manager/CEO, or their designee, is directed to execute all documents and to perform all other necessary RTA acts to implement effect of this Ordinance.



SECTION 5. Severability. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The RTA hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 6. This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

PASSED AND ADOPTED BY THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY BOARD OF DIRECTORS THIS ____ day of ____________, 2020, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

__________________________

ATTEST:

___________________________

APPROVED AS TO FORM:

_________________________________ DAVID C. LAREDO, RTA Counsel


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