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HomeMy WebLinkAbout01/19/2010, PH 3 - SURF CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND TAXI PERMIT CAR January 19,2010-Surf Cab Company Certificate of Public Convenience and Taxi permit 1 council Meeting Dine January 19,2010 j acEnbA REpont Item Number CITY O F SAN LUIS O B 1 S P 0 FROM: Jay D. Walter, Director of Public Works Prepared By: John Webster, Transit Manager SUBJECT: SURF CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND TAXI PERMIT RECOMMENDATION 1. Adopt a resolution declaring the need for the operation of four (4) taxi operators in the City of San Luis Obispo and authorize the City Manager or her designee to process the Certificate of Public Convenience and Necessity and approve five(5) Taxi Permits to Surf Cab Company on a one-year trial basis. DISCUSSION Background On November 4, 2009 the Transit Manager received an application letter via email from Paul McGill of Morro Bay and Peter Mourant of Los Osos, the owners of Surf Cab Company located at 1329 Santa Ynez Avenue, Los Osos, California (Attachment 1). The application letter requests a license to operate a new taxi service with five(5)vehicles within the City of San Luis Obispo. The City has had mixed experiences with multiple taxi operations in recent years, as there have been some occasional problems with services provided by the operators. The current taxi services are fairly well coordinated with occasional minor conflicts between the three permitted operators. Staff has not received any complaints that there are too many taxis serving the City. Table-1 Current City Taxi Operations Number of permittedTaxis Number of Taxis Operator Certificate-Permits Date In Operation BCCC 20 06-01-2001 17 234 Taxi 6 04-01-2008 6 234 Taxi expansion 10 07-21-2009 0 Green Go 1 03-17-2009 Suspended Surf Cab 5 Proposed N/A N/A Totalsi 42 23 � K3 ' � i CAR January 19,2010-Surf Cab Company Certificate of Public Convenience and Taxi permit 2 Municipal Code Provisions If the current request for five additional permits is reviewed and approved under the taxi provisions of the Municipal Code (Section 5.20), there will be a total of 42 authorized taxi permits within the City. Pursuant to Section 5.20.060, of the City Municipal Code the Council may award taxi permits to qualified applicants if the council determines that the public convenience and necessity requires additional service, it shall then determine the number of taxicab permits which shall be necessary to furnish such services .The council may award such additional taxicab permits to existing holders of certificates of public convenience and necessity or to any new applicants who are qualified for issuance of certificates of public convenience and necessity. Experience and financial responsibility of applicant According to the November 2, 2009 application letter, Surf Cab Company has been operating in Morro Bay, Paso Robles, Atascadero, the San Luis Obispo Airport and unincorporated areas of San Luis Obispo for the last two years and has five vehicles already in service. The applicants have experience being employed as drivers with several taxi operators including Central Coast Taxi, A-1 Taxi (Ketchum, Idaho),Napa Valley Cab, Grover Beach Taxi and owners of Surf Cab Company. Vehicle fleet mix and color scheme The applicant is proposing to continue to use the existing Surf Cab Company color scheme, which is sky blue with a large distinctive dome light and surfboard. The vehicle fleet would consist of three 1993-1996 Ford Crown Victoria sedans and two 1991-1995 seven passenger (including the driver) Toyota Previa vans. Rates Under Municipal Code Section 5.20.030 (F) (Proposed Rates to be charged) and Section 5.20.160 the Council, "..,.upon its own motion, or upon application of a certificate holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a certificate of public convenience and necessity under the provisions of this chapter". No rates shall be set, established, changed, modified or amended without a hearing before the Council. Notice of such hearing is given to each certificate holder, in writing, by the City Clerk, at least five days before the hearing, and the.Council may give such other notice as it shall deem necessary. In the past, staff has recommended that rates be consistent as possible among all operators licensed within the City of San Luis Obispo. CAR January 19,2010-Sud Cab Company Certificate of Public Convenience and Taxi permit 3 Table 2 - Existing Taxi Rates Proposed Fee Type Beach Cities Cab Green Got 234 Taxi Surf Cab Company Pick U $ 3.00 $ 4.00 $ 3.00 $ 4.00 Per Mile $ 3.00 $ 2.50 $ 3.00 $ 3.00 * Wait Time Per/Hr $25.00 $15.00 $25.00 $35.00_ Surcharge 230 am-6 am None None None None Credit Card Use None None None None Minimum Charge None None None None Taxi Permit was suspended on October 23,2009 from failure to provide proof of insurance coverage * Wait time is the rate that is programmed into the taxi meter and is charged when the taxi is not in motion and automatically changes from the per mile rate to a time mode rate on the meter. Examples of this would be the time a taxi is stopped in heavy traffic or at a traffic light. A $15 per hour wait fee is approximately $.25 per minute,a$25 per hour wait fee$.42 per minute and a$35 per hour wait fee rate is$.58 per minute.There is no minimum time increment of for this calculation to be applied and is charged and calculated from the first second when the taxi meter goes to a time mode charge. It appears that the rates proposed by Surf Cab Company are consistent and in-line with rates currently approved for other taxi providers in the City. Based upon the above review, staff recommends that Council approve a resolution and authorize Certificates of Public Convenience and Necessity for five (5) Taxi Permits to Surf Cab Company on a one-year trial basis with the applicant returning to Council for authorization to continue to operate. Direction for the Future In preparing this review, several procedural issues surfaced regarding the regulation of taxi cab companies, including the possibility of setting annual fees to cover part of the ongoing regulatory costs of monitoring taxi cab operations, responding to public complaints and improving the annual rate review process. Accordingly, staff recommends returning to the Council within the next six months with recommendations for modifications in procedure and fees; and other changes as appropriate. CONCURRENCES Requests for a Certificate of Public Convenience and Necessity are normally reviewed by the MTC, which is scheduled to review and make recommendations to the City Council on this issue at its January 13, 2010 meeting. Staff will be forwarding the MTC recommendation and minutes as a"Red" file after the MTC has considered and taken action on this item. PH 3-3 CAR January 19,2010-Surf Cab Company Certificate of Public Convenience and Taxi permit q The Police Department has reviewed and concurs with the report to approve the Certificate of Public Convenience and Necessity and five (5) permits to Surf Cab Company. FISCAL IMPACT There also are likely ongoing costs associated with monitoring the performance of this company. However, monitoring is not a unique issue associated exclusively to the Surf Cab Company. Accordingly, staff recommends returning to the Council within the next six months with a review of current procedures and fees; and recommendations for change as appropriate.. ALTERNATIVE Limit permits issued The Council may choose to limit the number of total taxi vehicles/permits to those already in place in the City and deny the request by Surf Cab Company for Certificates of Public Convenience and Necessity. If this option is chosen, the Council may wish to provide staff with further direction regarding taxi operating policies within the City. ATTACHMENTS 1. Surf Cab Company application dated November 2, 2009 2. Resolution declaring the need for the operation of four (4) taxi operators in the City of San Luis Obispo T:\Council Agenda Reports\Public Works CAR\2009\Tmnsit\SURF CAB TAXI CERTIFICATE 01-19-2010\CAR-SURF CAB CERTIFICATE OF CON V EN FENCE-01-19-2010 FINAL-doc ATTACHMENT#1 -- ATTACl4MP!T / 1329 tSmazta.Yinea��e:aue Lois®isoss, Cadiforas�ia '9302 <s�OSy748-2202 �ffigYZ. - t3 z-�.1vEZ` November 2,2009 City of San Luis Obispo 919 palm street San Luis Obispo, CA 93401 Attn: John Webster - Transit Manager Jay Walter - Director of Public Works This proposal letter is being sent in order to obtain a license to operate a tW service in the City of San Luis Obispo. Surf Cab Company is a new company which is currently licensed to do business in the Cities of Morro Bay,Paso Robles,Ataseadero and the unincorporated areas of San Luis Obispo including the San Luis Obispo Airport. Surf Cab would also like to serve the City of San Luis Obispo. To that end the"Application for Certificate of Public Convenience and Necessity — Application"from the City's"Business Licenses and Regulation Code Book - 5.20.03"is submitted for your review which details all the relevant information needed to operate a taxi service in the City of San Luis Obispo. A. Paul McGill 495 Atascadero Road-Suite 19 Sig years experience as a driver for Morro Bay,California 93442 Central Coast Taxi in San Luis Obispo. 14 Year resident of Morro Bay Four years experience as a driver for (805)440,8155 A-1 Taxi in Ketchum,Idaho. AA Business Degree One year driving for Napa Valley Cab Saddle Back College-Mission Viejo m Napa Valley,California. University of Oregon-Eugene-Wistory Currently involved in operation of College of the Dessert- A-1 Taxi in Ketchum, Idaho. Palm Dessert-Real Estate Cuesta College-San Luis Obispo Real Estate Peter Mourant 1329 Santa Ynez Avenue Three years experience as a driver for Los Osos, California 93402 Central Coast Taxi in San Luis Obispo 14 year resident of Los Osos One year experience as a driver for (805)748-2202 Grover Beach Taxi. BS Economics- TWO years as an operator for Wagner College-New York Surf Cab Company. r ;r -PK3 5 pT « ATTACHMENT#1 ATTACyMENT 4 i B. The number of vehicles to be operated for taxi service at this time are listed below. 7 C. California licensed drivers are ready and wailing for approval. 1993 Crown Victoria -VIN - 2FACP74W5PX103920 - Cab Number 62 1994 Crown V d0ria - VIN - 2FALP74WORX162375 - Cab Number 45 1996 Crown Victoria - VIN - 2FALP74WITX186062 - Cab Number 54 1995 Previa - VIN - JT3AC24S8S1049323 - Cab Number - 96 1991 Previa - VIN - MAC22S6M0013187 - Cab Number - 99 D. The cabs are sky blue with a large distinctive dome light which is very visible and makes for easy night time identification as a Surf Cab. Surfers will appreciate the speciany designed surf rack made to carry surfboards. E. Surf Cab is already licensed to operate tam service in Morro Bay,Paso Robles, Ataseader%and the unincorporated areas of San Luis Obispo Co",including the San Luis Obispo Airport. At Surf Cab we care about customers and want to be able pick them up in San Luis Obispo for the return trip to the North County and Morro Bay. Public convenience and necessity is what customers need and Surf Cab win give that to them! At the time we have five cars and are asking for five permits for San Luis Obispo. We are looking forward to serving the City of San Luis Obispo! Please review the above and feel free to ask any questions that you or the members of the city council have may. If additional information is required do not hesitate to call. F. Surf Cab rates to be charged. METER E 1Jl R A T E SHOURS OF OPF. ATION PICKUP MILEAGE WAIT TIME TWENTY FOUR/SEVEN $4.00 $3.00 $35.00/HOUR �i Paul McM Peter Mourant s i x ce: Dave Romero - Mayor Allen Settle - Vice Mayor Andrew Carter - Council Member Jan Howell Marx - Council Member John Ashbaugh - Council Member Deborah Linden - Chief of Police John Callahan - Fine Chic 4 FAX - (805)748-2202 WEB SITE -W W W.SURFCADCO.COM y Y r' ATTACHMENT#2 RESOLUTION NO. (2010 Series) RESOLUTION AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO SURF CAB COMPANY AND PERMITTING THE OPERATION OF FOUR TAXIS OPERATORS WITHIN THE CITY WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for its citizens; WHEREAS, Beach Cities Cab Company, 234-Taxi L.L.C, and Green-Go Taxi, LLC are the current taxi operators in the City of San Luis Obispo; WHEREAS, the City has received an application from Surf Cab Company to operate taxi service in the City; WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code Chapter 5.20, the City has evaluated the demand for additional taxi operators in the City; and WHEREAS, the City has determined the need for an additional taxi operator in the City exists, but wishes to re-evaluate that need after a reasonable period of operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds that permitting additional taxi service on a one year trial basis serves the Public Convenience and Necessity. SECTION 2. The rates submitted by Surf Cab Company taxi operation and reviewed by the City Council on January 19, 2010 are hereby approved as exhibit A. SECTION 3. The City Manager or her designee is hereby authorized to grant a Certificate of Public Convenience and Necessity and Taxi Permit to Surf cab Company taxi for five vehicles on a one year trial basis. SECTION 4. The Applicant shall return to Council to request continued authorization to operate within one year of this resolution. On motion of seconded by and on the following vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 2010. i Resolution No. (2010 Series) Page 2 ATTACHMENT#2 David F. Romero Mayor ATTEST: Elaina Cano City Clerk 3APPROV AS TO FORM: stm Dietrick City Attomey Resolution No. (20 10 Series) Page 3 ATTACHMENT#2 Exhibit A APPROVED O1-19-2010 Fee Type Surf Cab Pick Up Cash $4.00 Per Mile $3.00 Wait Time Per/Hr $35.00 ,Surcharge 2:30 am-6 am None 1 I��illlllllllll���;���lliallll� RED FILE COUNOL ME�� N�uM MEETING ITEM DA DATE.�L— Date: January 15, 2010 q f-/.9� Copy Ein.w L TO: City Council L�OCOLINCIL MLCDD DIR ICAO i�7FIN DIR Q ACAO FIRE CHIEF VIA: Shelly Stanwyck, Assistant City Manager RATTORNEY ;PW DIR 142 CLERKJORI© POLICE CHF FROM: Jay Walter, Public Works Director ❑ DEPT HEADS REC DIR0 LITIL DIR >o_.:���.E Q, c .�6Erv"7n;es CouD IR SUBJECT: Public Hearing Item P3 - Surf Cab Company ...e« Y Public Hearing Item #3 on the January 19, 2010 Council agenda recommends approval of a certificate of public convenience and necessity for a new taxi operator (Surf Cab Company) within the City of San Luis Obispo. The Mass Transportation Committee (MTC) reviewed the application at their regular meeting on Wednesday, January 13, 2010 and recommended approval by unanimous vote. Taxi Vehicle Safety Concerns Discussion at the meeting also raised concerns with some of the proposed Surf Cab Company fleet vehicles because of safety issues (see Attachment) relating to the design of Ford Crown Victoria, Lincoln Town Car or Grand Marquis models manufactured in the 1990's. The concern with the vehicles is over the placement of their fuel tanks, which can be subject to puncture in rear end collisions. The action by the MTC directed staff to provide the Council with information about the safety concerns that was the subject of discussion at the meeting. A staff review of the current taxi operators indicate that eleven (11) taxis similar to these models are already part of approved fleets and in operation within San Luis Obispo. Before a vehicle can be operated as a taxi in the City, it must pass a mechanical inspection. All vehicles currently operating have passed the necessary inspection. Proposed Wait Time Concerns The MTC also had concerns that the proposed Surf Cab Company rate of$35 per/hour for wait time was higher than the existing operators. In order to fairly consider the proposed rates, staff has calculated a comparative cost of each taxi service for a sample trip. Table 2 analyzes the costs associated with a trip from the San Luis Obispo Airport to Motel Row (Monterey and Garfield) which is about five miles long. The analysis assumes the trip takes place at 10 AM with the passenger using a credit card as payment. 1. Table 2 Current Current Current Proposed Fare Comparison Beach Cities 234 Taxi Green-Go Taxi Surf Cab trip Cab Company Pick Up Charge $ 3.00 each $ 3.50 each $3.00 each $4.00 each Per Mile Charge 5 mi. $15.00 @ $ 17.50 @ $ 12.50 @ $15.00 @ $3.00 per mile $3.50 per mi $2.50 per mi $3.00 per mile Wait Time Per/Hr 5 min. $2.10 @ $2.10 @ $1.25 @ $2.90 @ .42per min .42 per min .25 er min .58 per min Surcharge None $3.00 None None 2:30 am-6 am not used Credit Card Use Yes None None None None Minimum Charge None None None None TOTAL FARE $20.10 $23.10 $16.75 $21.90 As seen in Table 2, the total fare costs for this sample trip would result in a fare variance between $16.75 (Green-Go) and $23.10 (234-Taxi). Staff believes that rates should be as consistent as possible among all operators licensed within the City of San Luis Obispo. The proposed Surf Cab rates are not significantly different so as to create a hardship for San Luis Obispo taxi passengers or cause great discrepancies in fare expectations. Correction to Table 1 In reviewing Table 1 of the agenda report staff discovered a typographical error in regards to the 234-Taxi per mile rate. The revised table also includes a Surcharge rate of $3.00 that was approved by Council but 234-Taxi representatives have stated they are no longer charging this fee to their customers. The table below reflects the revised rates (including 234-Taxi corrections) and should be exchanged for Table 1 in the report. Revised Table 1 Current Current Current Proposed Fee Type Beach Cities 234 Taxi Green Got Surf Cab Cab Company Company Pick U $3.00 $3.00 $4.00 $_4.00 Per Mile $3.00 *$3.50* $2.50 $3.00 *Wait Time Per/Hr $25.00 $25.00 $15.00 $35.00 Surcharge(2:30 am-6 am) None *$3.00* None None Credit Card Use None None None None Minimum Charge None None None None Taxi Permit was suspended from October 23,2009-January 18,2010 for failure to provide proof of insurance coverage Attachment Article describing Crown Victoria Safety concerns T:\Council Agenda Reports\Public Works CAR\2009\Trenslt\SURF CAB TAXI CERTIFICATE 01-19-20IMPED FILE COUNCIL MEMORANDUM draft-MTC CONCERNS 01-15-2010.doc CQMVic&Dria ponce Interceptor DESIGN PROBLEM Page 1 Tamura I veauews I rrerslmr I ArWMWII .Atr..• The Design. ig Problem CLICK HERE FOR CVPI TESTS STS ON TMS PAGE FIND:fuel tans locdiion:a)iW bop hawl tdtIrew9ft lash Won Ford's Panther line of cars,which consists of the Crown Victoria, Lincoln Town Car and Grand Marquis,is designed with the fuel • tank located outside the protection of the rear axel and within the car's"crush zona"No other passenger cars manufactured in North America have retained this fuel tank position because it has been considered too dangerous.At least five million of these unprotected vehicles are estimated to be in use on roads today. Ford began offering safety shields to Crown Victoria police cars in 2003 after police agencies demanded greater protection following a dozen police deaths.Ford offered this same protection to owners This aita.requses Adobe A=DW and dealers of Town Cat limousines in September 2005,following Rte.DOWNLOAD several the high-profile burning deaths.Ford has not told the cer general public about the defect or about the availability of shields, despite calls by advocacy groups and government officials to do so. mum vwm old wdalatw mquire The most recent call came-from U.S.Sen.Charles Schumer,D-New ori ri Wckuw York,in December 2005,following the fiery death of a New York mr Windows uo vkw• lad the City Cab driVCr m a Crown Victoria taxi. CLICK HERE to ERd Eo El ptayw (Ford claims a letter to dealers in 2003 saying dealers could sell the shiekfs to the public constitutes an offer.However,Ford has never publicly disclosed either the problem or the availability of shields to anyone other than dealers). .fire problem is this:high speed rear collisions cause the back of the car to absorb the impact by collapsing.In these cars,the impact can rupture the tank or can drive surrounding parts or even items in the trunk into the tank,puncturing it.The fuel leaks and sparks created by the collision can ignite the fuel.Unfortunately,the force of impact often jams the cars'doors shut,trapping occupants.The safety shields cover mechanical parts that could serve as puncture sources.Ford also has offered trunk protectors to police departments to help keep trunk items,such as jacks,from becoming fuel tank puncturing projectiles in a collision. Below are oomparisions of fuel tank locations in the Ford Taurus and Ford Grown Victoria: Fuel tank location - Ford `"''�`�'" Taurus In 1968.the University of Cafdorrria at Los S'a Angeles did a major research study showing -- that the gas W*should not be located behind the rear wile.Later research determined that it shoudd be placed forward of the aide as in the Ford Taurus. ENLARGE WAGE Twna"Crush Zone"(mMm.20 sea dm l won DSL) TOP Fusel tank location Ford Cr Ic rJi �,h� 1/12/2010 1:46:17 PM Page 1 +�1,�r'�4• , v � � 'C� i C°� O,r-.2n_L j5�#t '�'�5' Y� .il s S•$�jk ,, r�'>h. \ $f r i�„��;Y.r•� .y"'+�� k' Y' ,t' Sys _a rE a wj`^FF e e yA.R' .r,.T Gr,,, �s� ,� y�'FS f�i•�¢@Y��S. .^ a 'tai: 8 �' sy..,.'`tom `R:,�� �.ao'Yi>c'}` �,� y,-I ,.0 .,� '�3:.q +..r r, §yw F - �l r'Rt M !^ '7F ''41,n1 ,x,•c a_'[c' • i � 4M"� ' 4w+ gm VA x .�;`.frr�X� � .fi�� �`'"�}�, F al"a•T•..a��`•"� r '�$, <.ti yy °.'�.`��'�, 6��''�`y��'!� ,�k+�t,zl'�, v r k� Page 1 � rr,r s • ar , y kivi^l4 �• �"1 �"' {s., n `$!44'6'f�7.4-'�',"�h..'`R?'��OT_?yn irA«,\T}Y.�}itF�a4«t:� ✓a :.+�, \ ,.. 4.T , s""...., t tl v .• �D r '�.,�"-r+ r« 1> s i4.�. ✓ !z•nst aeu . .c uTq�,yj�'}^ atyf^�^n taWfy,Q.�.rT.i�y',�]��1+ �"e i , '. .[ .C°',�y'ey,'a �i✓�x���"S{'"�y Ju�� x,-/«... WK`[F.�e�j�.s.+ >, y`'�"rJ��k,��ry� "'1.ys�f�1"�v��., ' \! �.'i'4,'�^-xb� T.1✓'s"a��h��"�d`'�`bp `' a"''7i ^•l•-�j'.rn'. °rigt'. , f rsJ" L �;+P� u�S'�tina t�2 .s b' "w�k`:.� 4.ef dy✓�u•C+�,�"�+ +/q arcs \ ' lyw'1' d4 s rp ^ "`v(". \irSRt c.Jtdyy,• K:" f 5a 4��'L�F.{ a•.� w "ti,,,., .dL � l: f'.rv'�x ���<°Y�14J i,16'M �-'�, +�..�i rk '7e. � ,•,f x:a\�,fi. J 4y s a�up� z. Vit: i ������������������������►� ���►►►� c o u n c i l m E m o RA n b u m .-... . .,. Date: January 19, 2010 TO: City Council VIA: Shelly Stanwyck, Assistant City ManagerNlr FROM: Jay Walter, Public Works Director SUBJECT: Public Hearing Item PI-13 - Surf Cab Company Public Hearing Item #3 on the January 19, 2010 Council agenda recommends approval of a certificate of public convenience and necessity for a new taxi operator (Surf Cab Company) within the City of San Luis Obispo. The Mass Transportation Committee (MTC) reviewed the application at their regular meeting on Wednesday, January 13, 2010 and recommended approval by unanimous vote. Attached are the draft minutes of the MTC meeting for Council review. t: Gita cL E^ COUNCIL D [)IR RED FILE ci-rf � Ci FIN DIR ffrAGAefiW1 r/ 4e. ITIRE CHIEF MEETING AGENDA ff-ATTORNEY 0-15W DIR DA / 9 .a ITEM # PFF 3 oL��� SLICE CHF L7 REC DIFi :i Pled--�- (j:IDIL DIP — u HR DIR T/h1E5 �—CFxcaJCl(, �Ct" mG� TACouncil Agenda Reports\Public Works CAR\2009\Transit\SURF CAB TAXI CERTIFICATE 01-19-2010\RED FILE COUNCIL MEMORANDUM MTC DRAFT MINUTES-01-19-2010.doc DRAFT MTC MINUTES-REGULAR MEETING JANUARY 13,2010 CITY OF SAN LUIS OBISPO MASS TRANSPORTATION COMMITTEE COUNCIL HEARING ROOM 995 PALM ST. WEDNESDAY,JANUARY 13,2010 DRAFT MINUTES CALL TO ORDER: Chairperson Susan Rains called the meeting to order at 2:45 p.m. ROLL CALL Present: Susan Rains, Denise Martinez, Elizabeth Thyne,Art Apruzzese,Margaret Crockett, and Stanley Yucikas Absent: Robert Wolf and Tracy Amundson Vacant: Alternate(open) Staff: John Webster,Dee Lawson ANNOUNCEMENTS Mr. Webster informed the Committee that member Robert Wolf had been hospitalized and would not be in attendance. PUBLIC COMMENTS There were no public comments. A. CONSENT ITEMS A-1. Approval of November 18,2009 Regular Meeting Minutes It was noted that the minutes incorrectly listed the Chair being present and that Mr. Yucikas ran the meeting and that Tim Bochum was the staff member who presented the staff reports. Mr. Yucikas moved to approve the minutes as amended. Ms. Crockett seconded the motion. DRAFT MTC MINUTES-REGULAR MEETING JANUARY 13,2010 The motion passed unanimously. B. DISCUSSION ITEMS There were no discussion items. C. ACTION ITEMS C-1. Review Surf Cab Company application for Certificate of Convenience& Necessity Mr. Webster reported on the application and noted the item was on the Council's agenda for their meeting on January 19, 2010. After detailed discussion, staff recommended that the MTC approve the application and recommend to Council for a public hearing on January 19, 2010. The applicant(Peter Mourant) was present and provided details regarding Surf Cab Company service in other areas (the airport, Paso Robles, Morro Bay, and Atascadero) and stated there had been no complaints or service issues raised in these jurisdictions. He also stated that he has a commercial insurance policy for the San Luis Obispo operation which is pending and awaiting Certificate approval by the Council and that he has five vehicles that are ready to operate in his fleet. After confirming that Surf Cab had three Crown Victoria model vehicles in its fleet, Mr. Apruzzese distributed a report on purported safety hazards associated with that type of vehicle—most specifically,concern with the placement of the fuel tank which can puncture in rear end collisions.. He further discussed the poor safety record of the Crown Victoria and did not believe cab customers should be exposed to the risks of that particular model and did not believe the City should endorse the use of said vehicles. Staff and the MTC discussed the various safety concerns and the report Mr. Apruzzese distributed. Mr. Webster did not think the municipal code; chapter 5.20 includes any basis to reject an application based on the use of certain models or vehicles that were street legal and registered by the DMV for use. He further stated he did not believe the scope of the MTC's approval could include rejection based on model-specific information and that the Council would have the benefit of an opinion from the City Attorney if it was raised on this issue during the public hearing. Mr. Apruzzese moved that the MTC oppose the application based on safety concerns regarding the Crown Victoria vehicles and that the MTC further recommend Council reject the application. b I _J DRAFT MTC MINUTES-REGULAR MEETING JANUARY 13,2010 The motion died for lack of a second. Mr. Yucikas and Mr. Mourant discussed possible replacement vehicles for Surf Cab's aging fleet and suggested using more fuel-efficient and"green"options in the future. He also discussed that the "wait time"charge was listed at$35 and that the standard fee with the other certified cab companies was.only $25. Mr. Mourant stated he was willing to consider a lower amount during the public hearing process. Mr.Yucikas moved to approve the staff recommendation that the MTC approve the Surf Cab Company application and recommend to Council fora public hearing on January 19, 2010, along with the issues of possible vehicle safety concerns and"wait time"rate variances for the Council to consider as part of their process. Ms. Rains seconded the motion. The motion passed unanimously. D. INFORMATION ITEMS D-1. Transit Manager's report D-2. Operating-Performance reports Mr. Webster presented highlight discussion on: •Ridership report • Contractor issues • Contractor Liquidated Damages • Capital projects •The Automatic Vehicle Locator (AVL) •FTA 5317 New Freedom Grant • SOCIAL MEDIA • SLOCOG-TDA Funding • FY 2008-09 Closeout • State Funding issues and the California Transit Association •Unmet Transit Needs Public Hearing Mr. Webster stated that he thought the goal of reaching or exceeding the one-million ridership mark would not be achievable this Fiscal year. Some possible explanations were the impact of the new Poly Canyon village and more students living on campus,the recent fare increase, and the price of gas falling were all factors in the current lower ridership numbers when compared to last FY. The meeting adjourned at 4:00 p.m. to the next regularly scheduled meeting of March 10, 2010 at 2:45 p.m. DRAFT MTC MINUTES-REGULAR MEETING JANUARY 13,2010 Respectfully submitted, Lisa Woske, Recording Secretary •mac i b ,`" , t � y � �c---' _G'. f � � n r 1 � J •� Ilk � l 'i � � s ` cl ol IF L_� __. -�.a ... ...._.__ ._ ... _ IT ..,_ a,•� .f'S' �`