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HomeMy WebLinkAbout2004 CON MTDB - Para Transit Regulation Estension - 1MTDB Doc. No. T0095.7-92 TAXI 590.8 (PC 30110) EXTENSION OF CURRENT AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation (herein called "City"), and the San Diego Metropolitan Transit Development Board, a California public agency, operating the Metropolitan Transit System (herein called "MTS"), for a period of 90 days from July 1, 2004, through September 30, 2004. WHEREAS, MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC) to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City is within MTS's jurisdiction; and WHEREAS, the City desires that MTS regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTS's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTS entered into an agreement to authorize MTS to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991, through June 30, 1995; and on May 23, 1995, extended the agreement for the period from July 1, 1995, through June 30, 1998; and from July 1, 1998, through June 30, 2003; and from July 1, 2003, through September 30, 2003; and from October 1, 2003, through December 31, 2003; and from January 1, 2004, through March 31, 2004, and from April 1, 2004, through June 30, 2004. WHEREAS, the City and MTS desire to temporarily extend the current agreement for a period of 90 days, through September 30, 2004. NOW THEREFORE, in consideration of the above, the City and MTS agree as follows: 1. MTS will adopt, administer, and enforce its taxicab and other for -hire vehicle ordinances, policies, and regulations as in effect on July 1, 2004, and as thereafter from time to time amended by MTS, and thereby regulate such vehicles and transportation services rendered wholly within the City's corporate limits during the period ending September 30, 2004, pursuant to PUC Section 120266. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by MTS Taxicab Administration and other for -hire vehicles, Ordinance No. 11 policies, and regulations. 3. The City Manager and MTS Chief Executive Officer may supplement this agreement by executing a Memorandum of Understanding, relative to the administrative and operating procedures of taxicab and other for -hire vehicle regulations, and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this extension to the agreement is executed by the City acting by and through its Mayor pursuant to Council Resolution No. 2004-96 and by MTS acting through its Chief Executive Officer. Dated this lst day of June 2004. THE CITY OF NATIONAL CITY Nick Inzunza Mayor City Attorney George H. Eiser, III SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Paul C.�pki Chief Executive Officer WE HEREBY APPROVE the form and legality of the foregoing Agreement. Date: June 1, 2004 SChamp/CITY RENEWALS CL-NATLCITY. EXTEN D7.ICARRI 5/25/04 O 09 ffi the G-�-ral Counsel Date: -2- utul 964 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE ,Time 1, 2004 13 AGENDA ITEM NO. ITEM TITLE 90-DAY EXTENSION OF EXISTING AGREEMENT B1$11^7EEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXICABS, ETC) OPERATING IN THE CITY OF NATIONAL,ITY. PREPARED BY RAY AELE.N, LT. DEPARTMENT POLICE 336-4514 EXPLANATION On March 16, 2004, the City Council passed a resolution authorizing the Mayor to enter into a 90-day extension of an existing contract with MTDB to regulate para transit vehicles operating in the City of National City. The current 90-day extension expires on June 30, 2004. Staff has met with the Mayor and the City Attorney has met with MTDB officials to work on an agreement to address concerns that the Mayor and City Council have with the current agreement. The City Attorney and the Police Department request an additional 90-day'"extension to address additional concerns that MTDB has with the proposed changes that were recommended. A`4,„7,a The attached 90-day extension will authorize the Mayor to execute a new agreement with MTDB. After the City Council Meeting, the resolution and agreement will be sent to MTDB. Environmental Review_ N/A Financial Statement No financial impact. Account No. STAFF RECOMMENDATION Authorize the Mayor to execute the new 90-day extension. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below Proposed 90-day extension Resolution Resolution No. ZOO V- 9 (a A-200 (9/80) RESOLUTION NO. 2004 96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 90-DAY EXTENSION TO AN AGREEMENT WITH METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003, and from June 30, 2003 through September 30, 2003; and from October 1, 2003 through December 31, 2003, from January 1, 2004 through March 31, 2004, and from April 1, 2004 through June 30, 2004; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through September 30, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of June, 2004. ATTEST: \,Michael alla, City Clerk Nick In uz nza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney Passed and adopted by the Council of the City of National City, California, on June 1, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R DALLA City Clerk of the City of National City, California By: V �C` Martha L. lvarez, Deputy City Clerk I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-96 of the City of National City, California, passed and adopted by the Council of said City on June 1, 2004. City Clerk of the City of National City, California By: Deputy ETING DATE April 6, 2004 City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS AGENDA ITEM NO. 18 / ITEM TITLE CONSIDERATION OF TAXICAB LICENSING AND REGULATIONS PREPARED BY George H. Eiser EXPLANATION (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney CEnvironmental Review_ N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution No. A-200 99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Taxicab Permits DATE: March 30, 2004 A special City Council workshop meeting to discuss taxicab permits was held on March 2, 2004. Present at that meeting, in addition to the Mayor, City Council and City staff, were representatives of taxicab companies and of the Metropolitan Transit Development Board (MTDB). Background information was provided concerning the City's agreement with MTDB to grant taxicab permits and administer paratransit regulations within the City. The agreement delegating these functions to MTDB has been in effect since 1992. Prior to that time, the functions were performed by the Police Department. MTDB staff explained the process for issuance of taxicab permits, and provided an overview of what is involved in administering paratransit regulations. There was also a discussion of the City Council's directive, issued at their January 20, 2004 meeting, that 20 taxicab medallionsbe issued to West Coast Cab, and that the feasibility of issuing "hybrid", or limited medallions, be investigated. (This proposed "hybrid medallion" would entitle the medallion holder to operate within National City only, including at designated locations within the City which would be restricted to exclusive access by the holder of the hybrid medallion). The meeting concluded with a direction by the City Council that the matter be considered again at the first Council meeting in April. Issues to be reviewed at the April meeting are "stacked" permits; elimination of the current :cap on permits; "hybrid" medallions; the RFP process for issuing additional permits; and consideration of returning the . taxicab permit issuance and administration function to the Police Department. Stacked Permits In the course of the discussion, John Scott, Taxicab Administration Supervisors for MTDB, described the current practice of "stacking" permits. By stacking permits, MTDB administratively enables holders of permits that operate in the City of San Diego to operate in the City of National City as well. The benefits of stacking permits are an ® Recycled Paper Taxicab Permits March 30, 2004 Page 3 • The drivers may pickup in their approved area and the taxicab trip conclude outside that area. A potential passenger may want a ride and try to persuade the driver to take them. If the driver takes them, he/she may face large penalties. If the driver does not take them to the requested destination outside their area of operation, the public may complain and is definitely inconvenienced. MTDB's experience has been that these limited permits . . . are not practical, and ... may need to be eliminated." MTDB staff points out that the above factors would lead to increased enforcement costs, which would result in a pass -through of these costs to taxicab permit holders via increased permit fees. RFP Process MTDB issues taxicab permits by utilizing an RFP process. The number of taxicabs permitted to operate in National City could be increased by following this process. Additionally, it would be necessary to recognize existing permits issued by MTDB for operation of taxicabs in National City, until such permits expired or were revoked for cause. The MTDB RFP process is much like the RFP process used by the City in securing services. Typically, proposers must meet the following requirements to be considered for a block of permits: • Provide centralized fleet ownership through an individual, a partnership, a corporation, or an association. • Operate a central dispatch system. • Staff the communication department 24 hours a day. • Use Global Positioning System (GPS) in 50 percent or more of the fleet — minimum. • Set standards for dispatch response times. • Accept credit cards for payment of taxi fares. • Follow a detailed program for handling customer complaints. • Set minimum age driver qualification at 21 years of age. March 22, 2004 TO: Penu Pauu, Jr. Acting Chief of Police FROM: Ray Allen, Lieutenant SUBJECT: Taxicab Permits I was recently given the task to determine if it would be cost effective for the City of National City to take back the taxicab permit operation from the Metropolitan Transit Development Board (M.T.D.B.). We would have to have extremely high fees to cover the cost of the program. I contacted two cities that still have run their taxicab permit process in-house and do not contract with M.T.D.B. The City of Coronado and the City of Chula Vista were the two cities I contacted for the research of this project. The City of Coronado is in the process to determine if they will contract with MTDB, but as of this date they still do all of the permit process in-house. Coronado PD A clerk handles the following administrative portion of the licensing/permit process. Driver has to pay a $16 application fee Pay$52.00 for a live scan fingerprint records check Bring his license and a copy of his driving record to the police department Produce his insurance for inspection. Pay for his vehicle to be inspected and submit paperwork for the file Drug test Driver must possess a Sheriff's identification card for cab drivers. If a cab owner or company is successful in the permit process, the cab owner or company has to pay $28.00 per cab per quarter to the City of Coronado. One officer is assigned to mediate complaints and enforce violations. Coronado has about 75 taxicabs permitted in the city. Mr. Jerome Torrez, Risk Manager's Office for the City of Coronado, sent me the documents he has used to research the project studying their process and changes they may be making in the future. The fees paid by the cab owners and operators is approximately $12,750 a year, which does not cover the cost of the officer and the clerk assigned to the program, even though their involvement is not a full time endeavor. The City of Coronado has not released the actual amount of fees collected because they do not track funds collected by the type of fee. Chula Vista PD A clerk handles the following administrative portion of the licensing/permit process: Driver submits application and has to have a background investigation. Driver must have a Sheriffs identification card for cab drivers. No felonies allowed. Driver must present drivers license and driving record. Driver must present proof of insurance and notify Chula Vista if the insurance lapses. Cab must be inspected by either MTDB or a certified garage. Meter must be inspected. Driver then pays $150 for the first cab and $25 for each additional cab per year. No real complaint process. Chula Vista has approximately 200 permitted cabs in the city. Not all of those cabs stay in Chula Vista. Most are permitted in San Diego and that is where they spend a majority of their time. Chula Vista has the officers assigned to the Traffic Unit enforcing taxi violations only when they have a complaint. Ed Chu is an administrative analyst and he has determined that the fee schedule for the City of Chula Vista is low and the city will take a closer look at fees after they complete the work on their tow contract. Mr. Chu does not have any facts to show the city is actually losing money in this permit process, but told me that if he could calculate the revenue from the permits versus the salary of the clerk and officers who regulate the cabs, the City of Chula Vista is probably losing money. He does not have exact figures because the City of Chula Vista does not break down the fees paid by the type of fee, but estimates the City of Chula Vista is bringing in approximately $15,000. He does not think this covers the cost of the clerk and officers who must regulate the program and respond to complaints. MTDB MTDB has been enforcing and permitting cabs for National City since 1991. This was done to improve service for the citizens and the free up time for officers so they could better utilize their time towards policing and not administrative work. No one at the Police Department can really recall who had the responsibility of the program. I was assigned to traffic from 1988 to 1990 and I do not recall the sergeant having anything to do with taxicab enforcement or permits. If it was the responsibility of the Police Department, there was not a clear chain of command for that program and no one paid a great deal of time dealing with taxicab issues. CONCLUSION If the City of National City took the taxicab permit process back from MTDB, the fees would have to be high enough to actually cover the costs of the program. If the clerk uses 10% of his/her time to check licenses, insurance, inspection papers, etc., and his/her total compensation per year is approximately $41,897.00 (salary and benefits), that is $4,189.00 that would have to be divided between the permit holders to cover the cost of the program. A police officer at Step E pay is paid $84,186.00 in total compensation (salary and benefits), and if the officer assigned to traffic uses only 5% of his time to enforce taxicab regulations, that would be an additional $4, 209.00 that would have to be collected to pay for the program. If the City of National City increases the number of permit holders to 70, that becomes a cost of approximately $120 per permit holder per year, not including the insurance and cab and meter inspection, to do business in our city where there are few big fares to be charged. A cab owner/operator would have to purchase a permit from every city he would want to pick up fares in, which would include Chula Vista, Coronado, and MTDB (covering the City of San Diego) and possibly National City. The above calculations do not involve start up costs to take the program back from MTDB. There would be some initial training costs, forms that have to be produced, and an RFP process that City Attorney George Eiser mentions in his memorandum. City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 6, 2004 Paul C Jablonski MTDB 1255 Imperial Ave Ste 1000 San Diego CA 92101 On June 1, 2004, Resolution No. 2004-96 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute a 90-day extension to an agreement with Metropolitan Transit Development Board for administration of taxicab and other for -hire vehicle regulations. We are forwarding a certified copy of the above Resolution and one fully executed agreement. Sincerely, Martha L. Alvarez, CMC Deputy City Clerk /mla Enclosure File No. C91-21/805-1-4 Receded Paccar