Board of Directors Regular Meeting July 27, 2020 Time: 10 ... Agenda_July2020.pdf · (Andrea...

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 Regular Meeting July 27, 2020

Time: 10:00 AM PacificTime (US and Canada)

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 July 27, 2020 meeting of the Board of Directors will be held via Zoom conference. 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, July 25, 2020; those comments will be distributed to the legislative body before the meeting. Members of the public participating by Zoom

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1. CALL TO ORDER

1-1. Roll Call.

1-2. Pledge of Allegiance.

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

1-4. 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 8, 2019.(Jeanette Alegar-Rocha) (Page 5)

3-2. Receive July 2019 – June 2020 Financial Statements.(Andrea Williams) (Page 9)

3-3. Review FY 2019 RTA Audit and Reimburse $22,033 to MST for RTAExpenses Incurred During FY 2019. (Lisa Rheinheimer) (Page 13)

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) (7)

3-5. Receive Recommendation from RTA Nominating Committee ofBoard Officials for FY 2021. (Carl Sedoryk) (Page 29)

End of Consent Agenda

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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) (1)

5. BIDS/PROPOSALSNone

6. PUBLIC HEARINGS

None

7. ACTION ITEMS

7-1. Adopt Fiscal Year 2021 Final Operating Budget. (Lisa Rheinheimer)(Page 37)

7-2. Introduce and Hold a First Reading of Ordinance 2021-01 to Amend RTATaxi Administration Program Regulations and Direct its Publication as Approved by General Counsel. (Norman Tuitavuki) (Page 41)

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

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: August 2020

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

NEXT AGENDA DEADLINE: TBD

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 County Regional Taxi Authority 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. Requests should be sent to Monterey County Regional Taxi Authority – c/o Clerk to the Board, 19 Upper Ragsdale Dr., Suite 200, Monterey, CA 93940 or [email protected].

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Agenda # 3-1 July 27, 2020 Meeting

Monterey County Regional Taxi Authority

MINUTES

July 8, 2019 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 Pat Lintell 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 Mary Ann Leffel Monterey Peninsula Airport District

Absent: Luis Alejo County of Monterey

Staff: Carl Sedoryk General Manager/CEO

Hunter Harvath Assistant General Manager Michael Laredo De Lay & Laredo

Jeanette Alegar-Rocha Deputy Secretary Eva Perez Office Administrator Andrea Williams General Accountant & Budget Manager Public: None

Apology is made for any misspelling of a name.

1. CALL TO ORDER

1-1. Roll Call.

MCRTA AGENDA / JULY 27, 2020 MEETING / PAGE 5

1-2. Pledge of Allegiance.

The meeting was called to order by Chair Barerra at 11:30 a.m. Roll call was taken and followed by the pledge of allegiance.

1-3. 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 9, 2018. (Jeanette Alegar-Rocha)

3-2. Receive July 2018 – June 2019 Financial Statements. (Andrea Williams) 3-3. Receive RTA Board Appointments for FY 2020. (Carl Sedoryk)

3-4. Receive update and approve purchase of Directors and Officers Insurance in an amount not to exceed $10,670. (Kelly Halcon)

Public Comment – None 4. REPORTS & PRESENTATIONS No action is required unless specifically noted.

4-1. Receive update from RTA staff and the July 2018 – June 2019 Report

from RTA Administrator. (Hunter Harvath) The RTA Board received an update from staff and the July – June 2019

Report from the RTA Administrator. 5. BIDS/PROPOSALS

None

6. PUBLIC HEARINGS

None

7. ACTION ITEMS


7-1. Review FY 2019 RTA Audit and reimburse $26,802 to MST for RTA expenses incurred during FY 2019. (Hunter Harvath)

Public Comment – None The RTA unanimously approved the FY 2019 RTA Audit and the

reimbursement of $26,802 to MST for RTA expenses incurred during FY 2019. 7-2. Adopt Fiscal Year 2020 Budget. (Hunter Harvath)

Public Comment – None The RTA unanimously approved and adopted the FY 2020 Budget.

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

Prepared by: Reviewed by: Jeanette Alegar-Rocha Carl G. Sedoryk


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Agenda # 3-2July 27, 2020 Meeting

To: Board of Directors

From: Lisa Rheinheimer, Treasurer

Subject: Financial Report: July 2019 – June 2020

RECOMMENDATION:

Receive and accept the preliminary financial report of the Monterey County Regional Taxi Authority.

DISCUSSION:

The preliminary financial report for FY 2020 of the Monterey County Regional Taxi Authority (RTA) is attached for your review.

Taxicab company permit revenues were less than budget by approximately $2,271 (7.1%) due to declining number of taxicabs operated within the RTA region. Expenses were $239 (1.0%) over budget. The net deficit of $2,309 for the year will be taken from existing reserves. .

ATTACHMENT 1- FY 2020 Regional Taxi Authority Financial Report

PREPARED BY: _________________ REVIEWED BY: ___________________ Andrea Williams Carl G. Sedoryk


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To: Board of Directors From: Lisa Rheinheimer, Treasurer Subject: Fiscal Year 2019 Audit and Fund Transfer RECOMMENDATION:

• Receive Fiscal Year 2019 Audit for the Monterey County Regional Taxi Authority.

• Authorize fund transfer from RTA to MST in the amount of $22,033 to reimburse audited expenses incurred by MST on behalf of RTA during FY 2019.

DISCUSSION: To provide transparency for the general public as well as for local, state, and federal stakeholders, it is good practice for governmental agencies to hire an independent accounting firm to attest to the state of the agency’s finances.

Article VII. Board Responsibilities, Section c., of the Monterey County Regional Taxi Authority (RTA) Bylaws, states:

“The Board shall… cause a post audit of the financial transactions and records of the Authority to be made at least annually by a certified public accountant.”

In that regard, the Annual Financial Report for the Monterey County Regional

Taxi Authority (Attachment), which contains the annual audit prepared by the CPA firm Eide Bailly, LLP, is attached for your review and will be made available to the public on the RTA website.

During FY 2019 RTA expenses were kept under control, decreasing by 3.3%

from the previous fiscal year. Even with the 10.6% decrease in revenues realized in FY 2019 compared to FY 2018, the Monterey County Regional Taxi Authority maintained a $2,438 Net Operating surplus. This continued decrease in revenues can mainly be attributed to the entry of Uber and Lyft into the Monterey County marketplace and the direct impact it has on the taxi companies.


Another key data point of the audit is tracking how much money MST spends on RTA operating expenses each fiscal year. Once those expenses are audited, your Board is asked to transfer RTA revenues in that amount from RTA to MST for reimbursement. As shown on page 4 of the audit, the RTA has “Liabilities payable to Monterey-Salinas Transit” in the amount of $48,835. After subtracting last year’s payment to MST of $26,802 approved by your Board, the remaining amount owed by the RTA to MST at the end of FY 2019 is $22,033. Staff is requesting your Board to authorize the transfer of these funds from the RTA to MST. Even with that transfer of funds, the RTA will still have net assets of $60,864 in the form of cash reserves – sufficient to weather unexpected fiscal conditions in FY 2021. ATTACHMENT: MCRTA Annual Financial Report – June 30, 2019 and June 30, 2018 PREPARED BY: _________________ REVIEWED BY: _____________________ Lisa Rheinheimer Carl G. Sedoryk


ATTACHMENT 1


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To: Board of Directors From: K. Halcon, Director of Human Resources/Risk Management Subject: Directors and Officers Insurance RECOMMENDATION:

Inform the RTA Board Members of the Renewal and Procurement of General Liability and Directors and Officers Insurance Not to Exceed $11,191.25 for One Year of Coverage. FISCAL IMPACT: Not to exceed $11,191.25 for one year of coverage. The revenue generate from licensing fees will cover this expense. POLICY IMPLICATIONS:

Staff has been working with an outside brokerage firm to renew and procure General Liability and Directors and Officers insurance for the Regional Taxi Authority.

DISCUSSION:

The current Joint Powers Agreement allows the RTA to contract with MST for the provision of all of insurance as the RTA Board of Directors deems necessary and appropriate. General Liability, Director and Officers insurances will carried for the benefit of the RTA and those parties designated to do business in the name of the RTA Board. The RTA currently has this policy and MST staff had renewed the current policy for the next plan year.

Monterey-Salinas Transit has contacted Driver Alliant to act as the broker in this

transaction and to acquire the best price for the above mentioned insurances. The current cost quote for General Liability and Directors and Officers insurance with coverage up to $1 million dollars. Total premium cost to the RTA is $11,191.25 for this year which will be covered by the money collected from licensing fees. This is a increase from last year of $500.00. This increase is due to the increase in RTA’s listed assets.

PREPARED BY: ___________________REVIEWED BY: __________________ Kelly Halcon Carl G. Sedoryk


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Agenda # 3-5July 27, 2020 Meeting

To: Board of Directors

From: C. Sedoryk, General Manager/CEO

Subject: FY 2021 RTA Board Appointments

RECOMMENDATION:

Receive Recommendation from RTA Nominating Committee of Board Officials for FY 2021.

FISCAL IMPACT:

None.

POLICY IMPLICATIONS:

Your Board elects a chair and vice-chair each year and makes necessary staff appointments to conduct the business of the RTA.

DISCUSSION:

The RTA Nominating Committee comprised of Chair David Pacheco and City of Monterey representative Dan Albert nominate NAME, City of CITY, as Chair and NAME CITY, as Vice Chair for FY 21. Your approval of this item will elect officers and appoint officials per the nominating committee recommendations.

ATTACHMENT: Recommended RTA Board / Appointments for FY 2021

PREPARED BY: _________________________ Carl G. Sedoryk


ATTACHMENT 1

MCRTA District Officers and Appointments Fiscal Year 2021

Officers elected by the Board:

Chair Mary Ann Carbone (nominated) Vice-Chair Joe Amelio (nominated) City of Carmel-by-the-Sea Jeff Baron City of Del Rey Oaks Kristin Clark City of Marina Frank O’Connell City of Monterey Dan Albert City of Salinas Tony Barrera City of Seaside Dave Pacheco County of Monterey Luis Alejo Monterey Regional Airport Gary Cursio

Non-elected officers and appointments:

Secretary to the Board / Treasurer Carl G. Sedoryk, MST Deputy Secretary to the Board Jeanette Alegar-Rocha, MST Deputy Treasurer Lisa Rheinheimer, MST General Counsel Michael Laredo, DeLay & Laredo



To: Board of Directors From: Norman Tuitavuki, Deputy Chief Operating Officer Subject: RTA Administrator Reports: July 2019 – June 2020 RECOMMENDATION: Receive and accept the RTA Administrator Report and RTA Incident Log for FY 2020 (July 2019 through June 2020). DISCUSSION: The current Administrator Report for the Monterey County Regional Taxi Authority is attached for your review. Attachment 1: RTA Administrator Report Attachment 2: RTA Incident Log for FY2020 PREPARED BY: ______________________ REVIEWED BY: _________________ Norman Tuitavuki Carl G. Sedoryk


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ATTACHMENT 2

Monterey County Regional Taxi Authority INCIDENT LOG - FY 2020

November 2019 – Commendation Received

Staff thanked the customer for the commendation and forwarded the commendation to the taxicab operator.

November 2019, December 2019, January 2020 – Unauthorized Charges

A customer reported being charged an additional $25.00 for use of an accessible taxicab on three separate occasions.

Response: Staff contacted the taxi owner and confirmed the unauthorized charges. The RTA Administrator issued a letter to the taxi owner reminding the owner any charges outside of the RTD approved fare structure is not allowed and may be cause for fines and/or suspension of operating privileges.

The owner reimbursed the customer for the unauthorized charges and the RTA is monitoring this taxi operation to ensure compliance.

February 2020 – Operating a Taxi without a Taxicab Driver Permit

While reconciling taxi vouchers submitted to the RTA for reimbursement, staff received and reviewed several vouchers submitted by an unpermitted driver.

Response: Additional investigation confirmed the unpermitted driver had been operating a taxicab within the RTA’s jurisdiction.

The RTA Administrator levied a $1,000 fine to the individual and a payment plan was approved. Additionally, the Administrator ordered the driver to cease operating a taxi without an RTA permit. The driver successfully applied for and received their RTA taxicab driver permit and has paid the fine in full.


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To: Board of Directors From: Lisa Rheinheimer, Treasurer Subject: FY 2021 Final Budget RECOMMENDATION:

Adopt FY 2021 Final Operating Budget.

FISCAL IMPACT: $21,286 in revenues and $29,575 in expenses. $8,289 in reserves.

POLICY IMPLICATIONS: Article XIII. Budget Process, Section a., of the RTA Bylaws states:

“For each fiscal year…the Board shall adopt an Authority budget for capital and operating expenses, as well as capital and operating revenues.”

In addition, Article XIII, Budget Process, Section b. states:

“The Board shall adopt at least a preliminary budget by June 30 which shall serve as the tentative Authority budget pending adoption of a final budget. A final budget shall be adopted no later than August 30 of each year.”

DISCUSSION:

Section 4: Administrative Costs of the Monterey County Regional Taxi Authority Joint Powers Agreement states:

“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.”

As of December 2011, the City of Monterey, via subcontract to MST, is responsible for conducting vehicle and driver permitting. That service is self-funded


through fees charged by the city to drivers and vehicle owners. The remainder of RTA’s administrative costs, including holding Board and Technical Advisory Committee meetings, procuring liability insurance for board members, legal fees, as well as processing permits and enforcing regulations for taxi dispatching companies, must be generated through annual permit fees levied on taxi dispatching companies.

On the revenue side, your Board approved for FY 2018 a new pro-rated formula

to assess fees for taxi dispatching companies. This method continued to be highly successful in FY 2020, as actual revenues were only 7.2% less than what was budgeted. (A portion of the small revenue shortfall can be attributed to taxi drivers switching to Uber, Lyft, etc.)

FY 2021 is seeing a reduction in the total number of valid operating vehicles from

previous years. Given the financial strain that the taxi industry has experienced with the influx of Transportation Network Companies (TNC’s – Uber, Lyft, etc.) RTA’s FY 2021 Budget is proposing no change to the per vehicle fee used in FY 2020 creating a 26.2% decrease in permit fee revenues. Additionally, this proposed budget includes a slight 2.6% increase in expenses mainly attributed to a 4.7% increase in insurance costs. Staff is proposing to make up this shortfall with existing cash reserves. Staff recommends that your Board adopt the FY 2021 budget (Attachment). As taxi company permit fees have not been increased since the inception of the RTA in 2010, your Board may want to consider increasing fees in FY 22 if the local economy has recovered from the pandemic.

Attachment: Monterey County RTA FY 2021 Draft Operating Budget PREPARED BY:____________________ REVIEWED Y:_____________________ Lisa Rheinheimer Carl G. Sedoryk


Revenue: FY 2020 FY 2021 % Budget Budget Change

Permit Fees: (Old Fee Structure) 1st Vehicle Fee $ 1,000 ea $ 0 $ 0 - Subsequent Vehicles $ 300 ea $ 0 $ 0 - New Fee Structure $28,825 $21,286 -26.2%

TOTAL REVENUE $28,825 $21,286 -26.2%Expenses:

Labor: RTA Admin Staff $3,000 $3,000 -

Administrative: Agenda production: $750 $ 750 - Postage $125 $125 - Audit $4,000 $4,000 - Legal Notices $3,500 $3,500 - Customer Comment Card $0 $0 - Website Admin Vehicle Permit Decal

$1,000 $300

$1,000 $550

- +83.3%

Board meeting stipends $450 $ 450 - Subtotal Administration $10,125 $ 10,375 + 2.5%

Legal: Legal Services $5,000 $ 5,000 -

Insurance: Insurance $10,700 $11,200 +4.7%

TOTAL EXPENSES $28,825 $29,575 +2.6%

CASH ADDED TO RESERVES $ 0 $ (8,289) -

Monterey County Regional Taxi Authority FY 2021 Draft Operating Budget

ATTACHMENT 1


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To: Board of Directors From: Norman K. Tuitavuki, Deputy Chief Operating Officer Subject: Monterey County Regional Tax Authority (RTA) Ordinance RECOMMENDATION: Introduce and Hold a First Reading of Ordinance 2021-01 to Amend RTA Taxi Administration Program Regulations and Direct its Publication as Approved by General Counsel.

FISCAL IMPACT: No fiscal impact to the RTA. Contactless credit card payment devices by Square and other similar manufacturers are available for $50.00. POLICY IMPLICATIONS:

The proposed ordinance, if adopted, has significant impact on the safety, accessibility, comfort, and well-being of RTA customers. The proposed amendment will result in the following changes:

Section 23 (regarding RTA Taxicab Driver’s Permit Application Process):

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

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

Section 27 (regarding contactless fare payment):

1. Require Taxicab Drivers to install a contactless fare payment device by July 1, 2021 and make the device available to RTA customers at all times while operating in RTA’s jurisdiction.

DISCUSSION:

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. Staff recommends the


RTA Board adopt the proposed ordinance as an effort to ensure the safety, accessibility, comfort, and well-being of RTA customers are provided and maintained by all RTA Drivers. The amendments align with Article VII of the RTA Bylaws. TACT Certification Required.

The proposed amendment to Section 23 would require all permitted taxicab drivers to be TACT certified. 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. The proposed Ordinance would require:

1. New applicants to complete Taxi Americans with Disabilities Act Certification Training (TACT); and

2. All current RTA Taxi Drivers to complete Taxi Americans with Disabilities Act Training (TACT).

Contactless Fare Payment.

Additionally, the proposed amendment to Section 27 would require all permitted

taxicab drivers to offer a contactless fare payment system. Contactless fare payments promote the health and safety of both passengers and taxicab drivers. 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. Additionally, implementing this type of system should eliminate “hard paper” taxi vouchers and reduce the cost for providing and administering the vouchers. The proposed Ordinance would require all Taxicab Drivers to install a contactless fare payment device on or before July 1, 2021.

Enactment of this ordinance action does not constitute a “project” as defined by

California Environmental Quality Act (CEQA) because it is an activity involving issuance of a permit by one or more public agencies.

To adopt an ordinance, the RTA Board must introduce and hold the ordinance for

its first reading at the July 27, 2020 meeting. If approved in July, the RTA Board will hold a hearing and adopt its second reading of the Ordinance in an August 2020 meeting.

Attachment 1- Section 23 Amendment Attachment 2- Section 27 Amendment Attachment 3- MCRTA Ordinance 2021-01


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


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23. TAXICAB DRIVER’S PERMIT.

23.1. In General

23.1.1. Taxicab Driver’s Permit required

and successfully completed Taxi Americans with Disabilities Act Certification Training (TACT).

23.5. Taxicab driver permit process

23.5.1 TACT certification requirement

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.


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Board of Directors Regular Meeting July 27, 2020 Time: 10 ... Agenda_July2020.pdf · (Andrea...

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Transcript of Board of Directors Regular Meeting July 27, 2020 Time: 10 ... Agenda_July2020.pdf · (Andrea...