1991 Sunline Transit Agency - JPA Amendment 1 re Regulate TaxisAMENDMENT TO SUNLINE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT
THIS AMENDMENT .TO AGREEMENT (this "Amendment") is made and
entered into by and between the County of Riverside and the
Coachella Valley cities which are parties to this Amendment and
other public agencies which subsequently become parties to this
Amendment. This Amendment is an amendment to the SunLine Joint
Powers Transportation Agency Agreement (the "JPA Agreement")
entered into on or about May 20, 1977. This Amendment is made and
entered into with reference to the following background facts and
circumstances.
SunLine is a joint powers agency established pursuant to the
provisions of the JPA Agreement.
The County of Riverside and the Coachella Valley cities and
public agencies which are parties to this Amendment ("Cities") have
a mutual interest in regulating, licensing and franchising the
business of operating taxicabs and other forms of ground
transportation available to the public on a for -hire basis
("Alternative Transportation"). Government Code section 53075.5
requires every city and county to provide a policy for entry into
the business of providing taxicab services. Specifically,
Government Code section 53075.5 requires every city and county to
establish or require the registration of rates for the provision of
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MAR 5 1991 3 • Z
taxicab services within its jurisdiction.
The County and Cities wish to coordinate regulatory activities
as they relate to taxicab operations and Alternative Transportation
within the Coachella Valley area by vesting in SunLina t-ho
authority to regulate, license and franchise taxicabs and
Alternative Transportation and to establish rates to be charged by
operators of taxicabs and Alternative Transportation doing business
in the Coachella Valley. The geographic area to be covered by the
terms of this Amendment is the area known as the Coachella Valley,
as that term is defined in the JPA Agreement.
This Amendment is made and entered into pursuant to Government
Code, sections 6500 et seq.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein,. the parties hereto agree as follows:
A. The JPA Agreement is hereby amended as follows:
1. The existing paragraph in Section 1 of the JPA Agreement
shall be numbered as paragraph 1.1.
2. Section 1,of the JPA Agreement is amended by adding
paragraphs 1.2 through 1.4 as follows:
111.2 An additional purpose of the JPA Agreement and the
joint powers agency established thereby is to regulate,
LAS\020791\6112\034PA.A8 Page 2
license and franchise taxicabs and Alternative
Transportation, to establish a policy for entry into the
business of providing taxicab service and to establish
rates to be charged by operators of taxicabs and
Alternative Transportation doing business in the
Coachella Valley.
1.3 Each member and party to this Amendment is a
government entity with full powers of government in
legislative, administrative, financial and other related
fields. Each of the parties to this agreement has the
powers derived from the California Government Code, the
Vehicle Code and other provisions of law to license and
regulate the operations of taxicabs and Alternative
Transportation.
111.4 Each of the parties hereto desires to jointly
exercise their common power to regulate, license and
franchise taxicabs and Alternative Transportation by
entering into this Amendment and vesting such powers in
SunLine as an established joint powers agency however;
each of the members shall retain its power to regulate,
license and franchise 'Dial -A -Ride' programs within its
jurisdiction."
3. The first four lines of the first paragraph in Section 3D
of the JPA Agreement shall be amended to state as follows:
"D. POWERS
"The SUNLINE Board shall have the common power of
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LAS\020791\6112\034PA.A8
the parties, hereto, to own, operate and maintain a
Public transit system. In addition, the SUNLINE
Board shall have the common power of the parties
Pursuant to the provisions of California Government
Code, sections 6500 At leg. and section 53075.5
California Vehicle Code section 21100 and other
applicable law, to regulate taxicab services. In
exercise of said powers Sunline is authorized in
its own name to:,,
4. Section 3D of the JPA Agreement is amended by adding
paragraphs 8) through 15) as follows:
118 ) To exercise jointly the common powers of the 'parties
rties
hereto to regulate, license and franchise taxicab
s and
Alternative Transportation;
"9) To adopt regulations establishing a rate schedu
le to
be charged by operators of taxicabs for services
furnished to the public;
"10) To establish safety requirements for taxicab
s and
Alternative Transportation;
"11) To collect fees to cover the expenses inc
urred by
SunLine in implementing the powers. conferred under this
Amendment, including, without limitation, fees
for the
issuance of operating permits, safety inspection
fees and
franchise fees;
1112) To enforce regulations licensing franch
ising hising and
permitting requirements;
LAS\020791\6112\03JPA.Aa page 4
1113) To adopt an ordinance establishing a system of
rates, regulations, licensing and franchise requirements;
1114) To amend from time to time the rate schedule,
safety, licensing and franchise requirements referred to
herein.
1115) To do all other acts reasonable and necessary in
order to carry out the purposes of the JPA Agreement and
this Amendment . "
5. Existing Section 3E of the JPA Agreement shall be
renumbered as Section 3F.
6. Existing Section 3F of the JPA Agreement shall be
renumbered as Section 3G.
7. Existing section 3G of the JPA Agreement shall be
renumbered as Section 3H.
•8. Existing section 3H of the JPA Agreement shall be
renumbered as Section 3I.
9. A new Section 3E is added to the JPA Agreement as
follows:
"E DU_
"1) SunLine shall have the duty to carry out the purpose
and intent of this Amendment by performing such acts as
are necessary thereto, subject at all times to the
LAS\020791\6112\03JPA.AB Page 5
authority of its Board of Directors, and to make and
enter such contracts, incur such debts and obligations
and perform such other acts as are necessary to the
accomplishment of the purposes of this Amendment in
accordance with the provisions of California Government
Code, sections 6500 et seg. and as prescribed by the laws
of the State of California.
112) SunLine shall accomplish the foregoing, subject to
action by its Board of Directors, by adopting an
ordinance or ordinances providing for the licensing,
regulation and franchising of operators of taxicabs and
Alternative Transportation within the Coachella Valley.
It is the intent of this Amendment that upon the adoption
of a "taxicab ordinance" by SunLine's Board of Directors
pursuant hereto, the Cities shall repeal any laws,
regulations and ordinances, if any, which regulate,
license or franchise operators of taxicabs and
Alternative Transportation within their respective city
limits. The authority granted under this paragraph shall
not affect the authority or ability of the parties hereto
to:
"(i) charge and collect fees for the issuance of
business licenses within their respective
jurisdictions in the same manner as collected from
other businesses within the jurisdictions;
"(ii) approve the placement of taxicab stands
or taxicab "cruising" within their respective
LAS\020791\6112\034PA.A8 page 6
Jurisdictions;
"(iii) assess and collect a fee or charge having
to do with ground transportation operations or
regulate or license ground access within the
boundaries of the Palm Springs Regional Airport or
any other airport located within the Coachella
Valley now or in the future and;
"(iv) regulate, license and franchise "Dial -A -
Ride" programs within their` respective
jurisdictions.',
10. The two existing paragraphs of Section 5 of the JPA
Agreement shall be renumbered as Sections 5A and 5B respectively.
11. Section 5 of the JPA Agreement is amended by adding
Sections C, D and E as follows:
"C. All fees and charges collected b SunLine
e with
relation to the regulation, licensing and franchising of
taxicab operators and Alternative Transportation shall be
collected and administered by the SunLine under the
direction and control of SunLineIsGeneral Manager,
subject at all times to the authority of the Board of
Directors. SunLine shall have custody of all funds and
shall provide for strict accountability thereof in
accordance with applicable laws of the State of
California.
"D• The funds collected by SunLine pursuant to the
LAS\020791\6112\03JPA.Aa Page 7
provisions of legislation adopted pursuant to the powers
granted herein shall be expended only in furtherance of
the purposes hereof and in accordance with the laws of
California. SunLine's receipts and disbursements
attributable to taxicab regulation shall be separately
accounted for in the financial books and records of
SunLine.
"E. SunLine shall keep separate financial books and
records and shall prepare a separate audited financial
statement of SunLine as it pertains to the -regulation,
licensing and franchising of operators of taxicabs and
Alternative Transportation as at June 30th of each year.
The statement shall reflect SunLine transactions from
July 1st through June 30 of each year."
12. The existing paragraph 16A of the JPA Agreement shall be
numbered as Section 16A 1).
13. Section 16 of the JPA Agreement is amended by adding
section 16A 2) as follows:
112) Any party to the JPA Agreement may terminate its
rights and obligations under that portion of the JPA
Agreement as amended which concerns the- regulation of
taxicabs within the Coachella Valley without affecting
its rights or obligations under the, remaining portions of
the JPA Agreement. Such termination shall be effected by
giving sixty days (60) days written notice to SunLine of
LAS\020791\6112\03JPA.AB Page 8
the party's intent to terminate such rights and
obligations and termination shall be effective upon
expiration of such 60-day period except that no party
hereto may exercise its right to terminate under the
Amendment until one year from the date this amendment
becomes effective. After termination of a party's rights
and obligations under that portion of the JPA Agreement
as amended which concerns the regulation of taxicabs
within the Coachella Valley, the terminating party shall
have full authority in accordance with applicable law to
regulate, license and franchise taxicabs within the
boundaries of its jurisdiction and the Amendment shall
remain in full force and effect within the boundaries of
all remaining jurisdictions."
14. Section 16 is hereby amended by adding Section A 3) as
follows:
113) This JPA Agreement as amended shall be terminated
should the JPA Agreement be terminated in accordance with
procedures therefor contained in Sections 16 A 1) and
Section 17."
IN WITNESS WHEREOF, The Board of Supervisors of the.
County of Riverside and the city councils of the Cities enumerated
herein have each authorized execution of this agreement, as
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LAS\020791\6112\03JPA.A8
evidenced by the authorized signatures below, respectively.
Dated: , 1991
Approved As To Form:
County Counsel '
Dated: 9 ,
Approved T Fo
Cit torney
1991
1991
Dated: , 1991
Approve As To Form:
/41U�c 4^-/�
City Attorney
Dated:
Approved As To Form:
City Attorney
LAS\020791\6112\03JPA.AB
, 1991
Page 10
COUNTY OF RIVERSIDE
CITY OF • . -V
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CITY OF INDIO
CITY OF LA QUINTA
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CITY OF INDIAN WELLS
MAR 51991 3.2/
Dated:
Approved As To o
City or y-
, 1991 CITY OF PALM DESERT
Dated: ,3P , 1991
Appr ed As To Fo :
l
i ttornhv
Dated: v / , 1991
Approved As To Form:
City Attorney
Dated:
Approved As To Form:
, 1991
Dated: , 1991
Ap roved As To Form:
City A orney
Page 11
LAS\020791\6112\03JPA.AB
CITY OF RANCHO MIRAGE
yo
CITY OF --CATHEDRAL CITY
i
CITY OF PALM SPRINGS
Ma of
CITY OF DESERT HOT SPRINGS
LYNN D. CRANDALL
WALTER J. R. TRAVER
LISA A. SEGO
Allen R. Briggs
P.O. Box 5001
Cathedral City,
LAW OFFICES OF
LYN N D. CRAN DALL
ATTORNEYS AT LAW
43-645 MONTEREY AVENUE, SUITE D
PALM DESERT, CALIFORNIA 92260
June 25, 1991
CA 92234-5001
Jimmy Gutierrez
12616 Central Ave.
Chino, CA 91710
Timothy M. Conner
Best, Best & Krieger
39-700 Bob Hope Dr. Ste. 312
Rancho Mirage, CA 92270
Rob Bower
Rutan & Tucker
611 Anton Blvd. Ste. 1400
Costa Mesa, CA 92626
Gerald Blankenship
3535 loth Street, #300
Riverside, CA 92501
TELEPHONE (619) 346-7SS7
TELECOPIER (619) 773-3S89
Dawn Honeywell
Stradling, Yocca, Carlson & Rauth
660 Newport Ctr. Dr. Ste. 1600
Newport Beach, CA 92660-6441
David L. Erwin
Best, Best & Krieger
39-700 Bob Hope Dr. Ste. 312
Rancho Mirage, CA 92270
David Aleshire
Rutan & Tucker
611 Anton Blvd., Ste. 1400
Costa Mesa, CA 92628
Jean Leonard Harris
69-825 Highway ill
Rancho Mirage, CA 92270
Re: SunLine Joint Powers Agreement
Ladies and Gentlemen:
I have enclosed an original fully executed copy of the
Amendment to SunLine Joint Powers Transportation Agency Agreement
for your respective cities and the county. I appreciate your
cooperation and input in drafting this document.
You may be interested to. know that SunLine has adopted
regulations to implement its Taxicab Ordinance and is presently in
the process of adopting a uniform set of fees and rates for the
entire Coachella Valley.
Thank you again for your input.
Very truly yours,
LAW OFFICES OF LYNN D. CRANDALL
Lisa A. Sego
LAS:sgc
Enclosure
6112.03