CC Resolution 1991-006^"= RESOLUTION NO.91-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA CONSENTING TO AND APPROVING THE
AMENDMENT OF THE SUNLINE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT CONCERNING THE
REGULATION OF TAXICABS
WHEREAS, the SunLine Joint Powars Transportation
Agency Agreement the *`JPA Agreement") was entered into on or
about May 20, 1977; and
WHEREAS, the JPA Agreement as originally written does
not provide for the regulation of the business of operating
taxicabs; and
WHEREAS, the City of La Quinta the City") wishes the
SunLine Joint Powers Transportation Agency to coordinate
regulatory activities as they relate to taxicab operations and
alternative transportation within the Coachella Valley; and
WHEREAS, pursuant to Government Code Section 53075.5,
cities have the authority to protect the public health, safety
and welfare by adopting a resolution regarding regulation of
taxicab transportation; and
WHEREAS, the City believes that the SunLine Joint
Powers Transportation Agency exercising the combined municipal
authority throughout the Coachella Valley will be a more
practical and effective regulation to coordinate transportation
throughout the valley;
BE IT RESOLVED, FOUND AND DETERMINED by the City
Council of the City of La Quinta as follows:
1. The proposed amendment to the JPA Agreement attached
hereto as Attachment No. A is hereby approved and the Mayor is
authorized to execute said amendment in the name of the City of
La Quinta; and
2. The City Council by this resolution transfers its
authority under Government Code Section 53075.5 and pursuant to
Government Code Section 6500 * *. to the SunLine Joint
Powers Transportation Agency through the attached amendrnent.
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^"= PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 15th day of Jan 1991 by the
following vote, to wit:
AYES: Council Members Bohnenberger3 Franklin, Rushworth
and Mayor Pena
NOES: Council Member Sniff
A*SENT: None
ABSTAIN: None
JO*,*or
City of La Quinta, California
*AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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^"= *ENT *
AMENDMENT 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
RECITALS
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"). 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.
The county and Cities wish to coordinate regulatory activities
as they relate to taxicab operations and Alternative Transportation
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^"=within the Coachella Valley area by vesting in SunLine the
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.
This Amendment is made and entered into pursuant to Government
*, sections 6500 et sea.
NOW, THEREFOREf in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
A. The JPA Agreement is hereby amended by adding to it the
following provisions of this Amendment:
1. PURPOSE AND POWERS
1.1 An additional purpose of the JPA Agreement and the
joint powers agency established thereby is 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.
1.2 Each member and party to this agreement 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 California
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^"= Vehicle Code to license and regulate the operations of taxicabs and
Alternative Transport ion
1.3 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.
1.4 Pursuant to the provisions of California Government
Code, sections 6500 et sea. and California Vehicle Code section
21100 there is hereby vested in SunLine, as a separate and distinct
public entity from the parties hereto, the following powers within
the Coachella Valley:
1.4.1 To exercise jointly the common powers of the
parties hereto to regulate, license and franchise taxicabs and
Alternative Transportation:
1.4.2 To adopt regulations establishing a rate
schedule to be charged by operators of taxicabs for services
furnished to the public:
1.4.3 To establish safety requirements for taxicabs
and Alternative Transportation;
1.4.4 To collect fees to cover the expenses
incurred 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;
1.4.5 To enforce regulations licensing, franchising
and permitting requirements:
1.4.6 To adopt an ordinance establishing a system
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^"=of rates, regulations, licensing and franchise reguirements;
1.4.7 To amend from time to time the rate schedule,
safety, licensing and franchise requirements referred to herein.
1.4.8 To do all other acts reasonable and necessary
in order to carry out the purposes of this Amendment.
1.5 The powers referred to above shall be exercised by
the Board of Directors of SunLine in accordance with the procedures
set forth in the JPA Agreement.
2. DUTIES
2.1 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 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 agreement
in accordance with the provisions of California Government Code,
sections 6500 * *. and as prescribed by the laws of the State of
California.
2.2 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 agreement that upon the
adoption of a taxicab ordinance" by SunLine's Board of Directors
pursuant hereto, the cities shall repeal any laws, regulations and
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^"= 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 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 and shall not, in the case of
the City of Palm Springs, affect the authority or ability to assess
and collect a fee or charge having to do with ground transportation
operations within the boundaries of the Palm Springs Airport.
3. FUNDS AND PROPERTY
3.1 All fees and charges collected by SunLine 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
SunLineus General 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.
3.2 The funds collected by SunLine pursuant to the
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.
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^"= 3.3 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.
4. TERMINATION
4.1 This Amendment shall be terminated should the JPA
Agreement be terminated in accordance *ith procedures therefor
contained in the JPA Agreement. In addition, this Amendment may be
terminated without there being a termination of the JPA Agreement
upon the mutual agreement of the parties to this Amendment, *hich
termination shall be effective six 6) months from the date of such
agreement.
B* The JPA Agreement is amended in the foregoing respects only and
except as amended hereby, the JPA Agreement shall remain in full
force and effect as originally executed by the parties thereto.
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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^"=evidenced by the authorized signatures below, respectively.
Dated: 1991 COUNTY OF RIVERSIDE
Approved As To Form:
County Counsel
CITY OF COACHELLA
Dated: 1991
Approved As To Form:
City AttQrney Mayor
Dated: 1991 CITY OF INDIO
Approved As To Form:
City Attorney Mayor
Dated: 1991 CITY OF LA QUINTA
Approved As To Form:
C *
city Attorney Mayor
Dated: 1991 CITY OF INDIAN WELLS
Approved As To Form:
city Attorney Mayor
Dated: 1991 CITY OF PALM DESERT
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^"=Approved As To Form:
City Attorney Mayor
Dated: 1991 CITY OF PANCHO MIRAGE
Approved As To Form:
City Attorney Mayor
Dated: 1991 CITY OF CATHEDRAL CITY
Approved As To Form:
City Attorney Mayor
Dated: 1991 CITY OF PAL* SPRINGS
Approved As To Form:
City Attorney Mayor
Dated: 1991 CITY OF DESERT HOT SPRINGS
Approved As To Form:
City Attorney Mayor
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