Loading...
HomeMy WebLinkAbout4/14/2004 - STAFF REPORTS (4) C . V. T. . A P.O. Box 5451 • Palm Springs, CA 92263 (760) 409-1787 • Fax (760) 323-4267 COACHELLA VALLEY TAXI 0 WNERSASSO CIA TION • To protect and promote the taxi industry in the Coachella Valley • Founded November 5,2002 A Non-Profit Beneficial Association#56 2320958 COACHELLA VALLEY TAXI OWNERS ASSOCIATION CREATING A STAND-ALONE TAXI REGULATOR FOR THE COACHELLA VALLEY J J VJ 0 ram " Sunline Versus A New Regulatory Agency Taxi Regulatory Agency PRESENTED TO THE; PALM SPRINGS CITY COUNCIL - 4/14/04 CVAG EXECUTIVE BOARD MEETING — 4/26/04 C.V,T,O.A, MEMBERSHIP MEETING — 4/27/04 SUNLINE BOARD MEETING — 4/28/04 /y-�'� e MrJZ=D CN.T.O.A. Pg. 1 This report,prepared by the Coachella Valley Taxi Owners Association, intends to present the C.V.T.O.A. position on why Sunline Transit Agency should not be in the Taxi Regulating business and secondly, how the City of Palm Springs or C.V.A.G. could take over these responsibilities and what that would encompass. Sunline Transit Agency began having serious problems in March of 2003 when the C.V.T.O.A. filed it's Level I complaint against Sunline detailing what the C N.T.O.A. considered serious violations of the taxi cab industry's rights to operate and the inappropriate policies ofthe Sunline Regulatory Agency and Sunline Transit Agency. The Board of Directors have not taken action on any requests the taxi industry has made since March of 2003 except placing a 60-day moratorium on new taxis coming into service and then rescinding that decision 60 days later. Sunline even refused to recognize the C.V.T.O.A. by holding a meeting with several owners prior to the time the C.V.T.O.A. wanted to discuss this issue. The C.V.T.O.A. position is that Sunline has never negotiated in good faith with the Association that represents the majority of the taxi industry. The Chairman of the Taxi Committee has never taken the requests of the C.V.T.O.A. before the Board of Sunline for a vote regarding the issues of the taxi industry. The issues the C.V.T.O.A. wanted a vote on were: 1. Sunline Regulatory Agency no longer regulating taxis in the Coachella Valley and the creation of a Stand-Alone Regulatory Agency. 2. Medallions being issued to create value for taxi cab owners and creating a cap on the number of taxis operating in the Coachella Valley. CN.T.O.A. Pg. 2 3. Reducing the cost of taxi regulation by lowering the permit fees to$400.00 per year bringing taxi permit fees in line with other jurisdictions in the State of California. 4. The changing of ordinances concerning fines,meter readings and driver permit costs and the problems associated with these permits. The Regulatory Agency has an obligation not only to the public but to the taxi industry which fully funds that Agency. The following audit prepared by the CN.T.O.A. will list the problem Sunline Regulatory Agency has created and then the CN.T.O.A. solution will be submitted for review. In creating a new Taxi Regulatory Agency, Councilman Percy Byrd told the CN.T.O.A. if any other public entity wanted to regulate the taxi industry, Sunline would not stand in the way. The CN.T.O.A. expects that Sunline will abide by the statement Mr. Byrd made on several occasions to the representatives of the CN.T.O.A. in public meetings at Sunline. Problem#1: The first step is moving the Taxi Regulatory Agency into a new office. Solution: For the amount of money Sunline is charging the Taxi Regulatory Agency for rent on a trailer on it's property, the Agency could find ample locations preferably at or around the Palm Springs Airport. Problem #2: Hiring a staff to run the Taxi Regulatory Agency. Solution: Sunline,through its past mismanagement is now facing layoffs for it's employees. Sunline could allow the present staff at SRA to transfer over to the Taxi Regulator office. CN.T.O.A. Pg. 3 CN.T.O.A. requests that this happen July l st, 2004 at the start of the new fiscal year. Problem #3: There are too many taxis on the road. Solution: Issue Medallions to all taxis in service and to operators that have their current SRA fees paid through the end of fiscal year 2003 - 2004 if they have a vehicle written out-of-service. It is suggested that two different Medallions be issued; one for companies and the other for independents. The company Medallion would be for the number of taxis that operator owns but not for the independent operator that may be working for that company. The Medallion for independents would be good for the number of taxis each independent owns. If someone wanted to start a new taxi company they would first have to buy a company Medallion or five Medallions from independents. The leasing of Medallions would be allowed. The first issue of Medallions would be at no cost to the present taxi operators. By doing this program this way you are not stopping anyone from going into the taxi business. You are only making them buy a Medallion first. The Medallion goes to the taxi owner, not the car. Instead of a Regulatory Permit sticker on the back window of the taxi cab you would have a Medallion sticker. If an owner wants to add on to their total number of taxis, they will have to buy or lease a Medallion from an owner who wishes to sell or lease a Medallion. At present there are too many taxis on the road. The criteria for the number of Medallions would be as follows. In the future when more Medallions are needed, the taxi industry and Taxi Regulator will hold a public meeting to discuss why more Medallions are needed. CN.T.O.A. Pg. 4 The following are examples of criteria needed to issue more Medallions: 1. A 10% increase in the number of taxi rides from the number of rides produced in fiscal year 2003 - 2004. 2. A noticeable increase in the number of complaints from the public concerning the length of time it takes taxi service to respond for pick- ups. 3. A 10% increase in the year round population of the Coachella Valley. Only Medallion holders will be able to participate in a Medallion auction.All monies received from Medallion auctions would go to the Desert Cities or to the Taxi Regulator. This system does not stop anyone from going into the taxi business. It makes the investment larger to go into the taxi business while giving those in it a value for their business. This would create better taxi service for the public allowing owners to replace their fleets more often. Problem #4: Financing the change of Taxi Regulators. Solution: It is the understanding that the Taxi Regulator would control ownership of all assets of the Taxi Regulator; i.e. office supplies, computers, office furniture, documents and monies paid for through fees paid by the taxi industry using the precedent set by CVAG in it's ownership of all it's street sweeping equipment. The C.V.T.O.A. has constantly requested information about the financial records of the Sunline Regulatory Agency.It has never gotten an answer to the question`Where is the complete audit of the Taxi Regulatory Agency with a breakdown of all monies paid to it from fines,permits, inspections and re-inspections', and `What money was CM.T.O.A. Pg. 5 spent for salaries,office expenses and gift certificates for taxi operators "for meeting certain requirements of the Taxi Administrator",and new cars purchased for the Taxi Regulator, etc.'. It is the belief of the C.V.T.O.A. there should be ample funds in the SRA to finance a changeover for the Taxi Regulator. Problem #5: The C.V.T.O.A. maintains that the taxi industry has been overcharged for taxi regulation since the start of Sunline's j oint power authority to regulate taxis in the Coachella Valley. The present Taxi Regulator uses a large part of its time and effort collecting money from the taxi industry. Solution: To streamline the labor costs of the Taxi Regulator and to reduce the cost of regulation for the taxi industry, meter readings would be done once a year for statistical purposes only. The .25¢ SRA fee charged to the public would go to the taxi operator. The C.V.T.O.A. believes that the new Taxi Regulator can operate on a budget of $130,000 a year to replace the .25¢ SRA fee.The taxi industry would give back to the Taxi Regulator $300.00 a year, per vehicle permit, making the total permit fee $700.00 per year for each taxi. This creates fairness in Taxi Regulation as each taxi is paying the same amount for regulation regardless of the number of rides it performs each year. Problem #6: SRA has created a drivers permitting process that does not work. The SRA created this process which clearly is intended to generate more income for itself while not protecting the public as the permitting process was intended to do. SRA charges Permit Fees for New Driver Permits, Renewal CN.T.O.A. Pg. 6 Permits, and transferring from one company to another, sometimes collecting fees for these services three or four times a year from the same driver at $75.00 to $100.00 each time. This is usury at its most obscene. Solution: Streamlining this procedure would save hundreds of man hours per year for the Taxi Regulator . C.V.T.O.A. proposes permits be issued that are good for four years at a time. Every year the driver would submit a DMV Report and be required to submit to a drug test at any time during that driver's working hours. The C.V.T.O.A. suggests that the drug test not be mandatory at Permit Renewal time as the element of surprise is totally taken away. C.V.T.O.A. suggests random testing so that the program will be more effective. The C.V.T.O.A. contacted the Palm Springs Police Department. Following the suggestions of Chief of Police Gary Jeandron,the police could do the fingerprinting and Department of Justice/FBI checks. When told that SRA only does a Department of Justice check and not the FBI check, the C.V.T.O.A. was shocked to learn that a Department of Justice criminal history check only looks for past criminal history in the State of California while an FBI check searches nationally and elsewhere for criminal history. The C.V.T.O.A. recommends that the new Taxi Regulator do the Department of Justice/FBI check. The taxi industry would pay all costs for fingerprinting, Department of Justice/FBI checks and drug testing. It is recommended that the Palm Springs Police Department do the fingerprinting as their system is much faster than SRA's outdated system. The C.V.T.O.A. asks that a Driver's Permit no longer have a taxi company's name on it. The driver would be able to drive for any company. The driver would still have to submit to an Intent To Hire form and could only drive for one company at a time. CN.T.O.A. Pg. 7 All existing Sunline Permits would be good until their expiration date, then they would be replaced by the new Taxi Regulator's Permits. Vehicle inspections would be done by a State approved mechanic.A Taxi Regulation Agency approved Vehicle Inspection Report would be required to be filed out by the mechanic doing the inspection. This document would be turned in to the Taxi Regulator who could visually inspect the car also for comment.Inspections would be required twice a year. Conclusion: The taxi industry is a vital part of daily life here in the Coachella Valley yet it has been treated as a second class citizen by Sunline. A majority of the taxi industry, 80%, is represented by the C.V.T.O.A. Once Sunline is out of the Taxi Regulating business you will see an industry blossom into one of the best taxi services available in the country. Prepared by: Sergio M. Santo President, C.V.T.O.A. Bill Meyers Vice President, C.V.T.O.A. MEMBERS Desert Hot Springs Rancho Mirage Indio Palm Springs Palm Desert Coachella Cathedral City Indian Wells Riverside County sf� V � Cfs s � � Up La Cuinta A Public Agency April 13, 2004 Sergio Santos C.V.T.O.A. P. O. Box 5451 Palm Springs, CA 92263 Re: Public Record Request Dear Mr. Santos: Enclosed please find the documents you requested in your public record request of April 5, 2004. To answer your Item#1: SRA employs 2 individuals full time. SunLine policy requires payment of the copy charges ($0.11 per page) prior to release of the documents. We have provided 1 page. A total of $ .11 is due for this public record request. Sincerely, SUNLINE TRANSIT AGENCY Den is Gilman Acting General Manager Enclosure PRR#33 32-505 Harry Oliver Trail, Thousand Palms, CA 92276 Ph 760-343-3456 Fax 760-343-0576 www.sunllne.org SunLine Regulatory Administration Monthly Expense Report February 2004 SRA Administration Percent of year complete 66.7 February YTD FY 03104 Remaining %Used Account Description Expenses Expense Budget Budget To Date _ 964010101100 METER READINGS REVENUE 10.487 67,321 105,000 37,679 64.1% 964010101200 REVENUE FINES 25 25 10,000 9,975 0.3% 964010101300 PERMITS and INSPECTION FEES 3,280 28,120 60,985 32,865 4 6.1% 964010101600 VEHICLE PERMITS 13,613 128,820 127,500 (1,320) 101.0% 964070301000 RENT from FINGERPRINTING DIV 323 2,580 3,870 1,290 66.7% 964010102000 INTEREST 10 125 500 375 25.0% Totals 27,737 226,992 $307,855 $80,863 73.7% 965010000000 SALARIES&BENEFITS 5,199 58,543 120,086 61,543 48.8% ----------------------------------------------------------------------------------------------------------- 965020000000FRINGEBENEFITS 4,984 29,671 41,584 11,913 71.4% 965020800000 WORKERS COMPENSATION 597 4,421 5,000 579 88.4% ---------'-------'---------------------------------------------------------"--------------'---------------'---------'-'------'-------------------- 965040404340 G&A OVERHEAD&DEPRECIATION 194 2,474 42,609 40,135 5.8% '------------'----'---------------------------------"•---------------------------'-------------'---------'-'-'---"---------'------- 965030303310 AUDIT - - 8,000 8,000 0.0% ---'------------'------__---------'-----------'--------'-'---___--_-------------•------'-'----"---'-----'---'--"--------------- 965030103120 LAB&DRUG 689 12,829 20,238 7,409 63.4% ----------------- 965030300005 LEGAL 1,020 6,427 40,000 33,573 16.1 965030500000 MAINTENANCE CONTRACTS - 380 1,620 1,240 23.5% 965039903800 OTHER SERVICES&INSURANCE 1,861 8,124 7,000 (1,124) 116.1% ---_-----__-----_.-__-_____________________________-_______---_______-___ 965040404300 OFFICE SUPPLIES - - 4,500 - - - ---- -- - ------ --------_ --------- - - - --- - ------------- 965090200000 TRAVEL&TRAINING - - 3,000 3,000 0.0% ----'----------------------------------•----------------------------___--------------------------•-'---------�----------------- 965049900032 VEHICLE COSTS 788 7,990 3,530 (4,460 226.4% 965099905990 MISCELLANEOUS _10_ (3,245) _ -3,000 6_245 -108.2% - _____-_ -___ _ _ _ ________ ___ 965099906000 RENT 445 3,560 7,688 4,128 46.3% ____________________________________________--L________________--_______________________ ____________________________________________________________-. 965139001000 DEPRECIATION EXPENSE 1,690 13,522 ._'---'----•-----------------------------------•---------------' - - -' TOta15 17,476 $144,698 $307,855 $176,679 47.0% SURPLUS/(DEFICIT) 10,261 82,294 $0 C . V. T. 0 , A P.O. Box 5451 - Palm Springs, CA 92263 (760) 409-1787 - Fax (760) 323-4267 COACHELLA VALLEY TAXI 0 WNERSA SSO CIA TION -To prolecl and promote the taxi indn.ffiy in the Coachella Valley • Founded November 5,2002 A Non-Profit Beneficial Association 9562320958 COACHELLA VALLEY TAXI OWNERS ASSOCIATION Advertising Information and Rate Sheet G � i For 3-01 -04 to 6-01 -04 The Best Volue in Advertising For The f Coachella Valley I The Coachella Valley Taxi Owners Association is pleased to announce the beginning of * Taxi Advertising ✓ We believe that this is the best bargain for advertising in the Coachella Valley. ✓ Our taxis in the valley are generally on the road 250 to 300+ hours every month. ✓ The taxis in the valley travel throughout and service an area with a population of 24 million `people. that's 1 out of every ." 1 i " people in the United States! r I � E i ✓ The diagram below shows where you can find j t t taxis from the Coachella Valley on any given day of the year along with every city in the 1 Coachella Valley. 1 n • Las Vegas • Big Bear • Twenty-Nine Palms • Santa Barbara r • Cabazon � \ � • Phoenix • Los Angeles • Lake Havasu • Orange County /Coachella Valley • Torrey Pines • Salton Sea • San Diego ✓ Our Ad Carriers (little rolling billboards) get seen day or night and are illuminated every time the headlights go on. Your business ad is lit up like a "Madam LaRouge Pinball Machine". ✓ As we have a limited number of taxis, we will be able to provide beneficial information on a bi- monthly basis to you. We call it the CVTOA Ad Performance Report . We track the number of hours your AdCaV is on the road, the condition of your Ad Copy. and If the car was out of service for repairs, etc. This information can be faxed to your office. ✓ Advertising clients get two sides of the Ad Carrier, You can have different Ads on each side or change the copy any time you wish. ✓ Our partner, Best Signs, has been in business over 40 years and for many of you Advertising Clients, r they probably have your art work on file already. I ✓ You will be responsible for all costs connected with Best Signs. They have guaranteed us the lowest possible price with the highest quality t product. E ✓ Back window advertising is available also. These signs will be ready to order as soon as we have the Ad Carriers up and smoothly operating. The following is our introductory price offering, Top Roof Ad Carriers $450.00 Per Month + 45.00 CVTOA Charge $495.00 Total Per Month 1 Time Best Sign Ad Copy Charge* * See Attached Price Sheet We also offer special 30 - 60 day ads we call Event Ads. We will tailor every contract to our clients needs - so let us know what your needs are! We are looking forward to working with r all our neighbors in the Coachella Valley. i n t I Sergio M. Santo President, CVTOA x _ Dete: Fax To: COACHELLA VALLEY TAXI OWNERS ASSOCIATION WEEKLY ADVERTISING PERFORMANCE SHEET Number of /of Taxis Months Contracted Candtdons of Days off Road Hours Tart an Tax(Company Ta)d Advertising Company Advartlsng on AD Placement From: To: Adverdstng SI na e 7 Day Period Road Number Independent Co.Owner I N C 0 RP 0 RA T PD 1550 S. Gene Autry Trail hlm Springs,CA 92264 (760)320-3042 FAX 760.320-2090 78078 Country Club Dr.suite 106 Bermuda Dunest,Ca 92201 (760)345.9115 Price sheet for TAXI TOPPERS Printing and application of graphics to installed TAXI TOPPER (quantity discount only applies to the same graphic) 1 $ 128.00 2-4 $ 110. 00 5-9 $ 96 . 00 10+ $ 85.00 Advertising Customer to provide artwork on disk in EPS format. BSI can provide artwork at a charge of $85 per hour. (average time is 30 minutes to 1 hour) DIGITAL OUTPUTS This is as information sheet to help you get your artworMogos to us in the best format possible.Remember,we can only work with what you provide us (ah. A) Your Original Artwork For Example: Artist's Rendering, Artist's Illustrations... NOT: Business Cards, LetterHeads, T-Shirts... Your artwork will be scanned in-house, where we can create our own high-quality file. If you prefer to scan it yourself &give us a file, please see the instructions below regarding preferred file formats. B) Computer File Saved To Disk Preferred File Formats: 1)Above all, we prefer to work with .eps (encapsulated post script)files. However, if this is not available to you, the formats listed below are perfectly acceptable. 2) .bmp (bitmap) 3) .tif(TIFF bitmap) 4) .PSD (Adobe Photoshop Document) IMPORTANT Information About File Resolution All of the file types listed above (except .eps) are made out of pixels. Pixels are single units of color that, when viewed together, make up an image. (They look like little squares)The more pixels in an image, the better it looks. By better we mean a crisp image with refined transitions between tone& color. An image with low resolution contains fewer pixels, resulting in a"jagged" look. The way we measure quality is by setting the number of pixels in an image. It's called dpi (dots per inch) or ppi (pixels per inch). We prefer the image to be set at 300dpi or ppi, or no lower than 200dpi.Also, please save your image at the size we need to output it. No images the size of business cards, letterheads, etc. -you get the idea. :i`''`�i.. - ^.nu• ., -ti n.1 ^^�F.y -,r,µ'q -. yi.fw. - 1.5s0T A Hicib Resolution Image A Low Resolution Image If you cannot provide your artwork in there formats or if you still are unclear about what to give ug, don't hesitate to give your Be--t signs sale-q representative a call ! 6eslsignsinc.com MS iwc BOO-50-SIGNS ©2000,Besl Signs lmorporcled ' CV� O H P.O. Box 5451 • Palm Springs, CA 92263 ' ' ' (760) 409-1 787 • Fax (760) 323-4267 COACHELLA VALLEY TAXI 0 WNERSASSOCIA TION •To protect and promote the taxi industry in the Coachella Valley • Founded November 5,2002 • A Non-Profit Beneficial Association 456 2320958 March 2, 2004 ADVERTISING INFORMATION The following is how the CVTOA Advertising Program will work: The Taxi Operator will be receiving all the money secured by the CVTOA—no second party marketing company taking their cut—no multi-page contracts to sign or, in other words, Taxi Owners are making money, not someone else from outside the industry. • To start off, our contract rates are as follows: 1. Only 6- and 12-month contracts will be promoted first. 2. Introductory base rate(promotion)—$450.00 per month to advertisers on both sides of the Roof Ad Carrier. 3. The advertiser will pay for all art work and signage. 4. Specials or Event signage for 30 - 60 days will be sold for$650.00 per month— short term rate. 5. A 10%charge will be paid by the Advertiser to the CVTOA. This money is for the Advertising Performance Program the CVTOA has developed to insure quality service to our customers. • You will have a choice—you can find your own equipment that meets City Ordinance or let the CVTOA do it for you. • Installation of AD Carrier—you can do it yourself or the following can do it: • Fred Stock—Palm Desert • George Butts—Gardena • Darren Downing—Palm Springs • Bill Husbands—Palm Springs • The price for installation is $50—$75. The Taxi Owner pays this. (rates subject to change) • We will be asking our advertisers for '/s of their contract down. This is to help you pay for the Ad Carriers. • They cost between $300—$450 dollars depending on the light set-up. (subject to price change). • You can have a Bandit Light installed. This is to notify Police Departments that you need help. • You can have Cheater Lights installed which technically makes your Ad Carrier a large top hat. • The signs for sedans will be smaller than the ones for the vans. • We are going to do the top light Ad Carriers first. Then we will start on the back window wrap-on advertising. These ads will go for$150 to $175 per month. They are laminated onto the back windows, allowing the driver to still be able to see out the window. • Our marketing strategy is simple—we are a Unique Market! There are only 185 taxis permitted in the Valley so we have a limited number of taxis, unlike big cities that get $200 - $300 per month for advertising because they have thousands of taxis. This is why everyone should support the CVTOA Medallion Proposal. • Eventually the rule of supply and demand will control what we get for advertising. • When you get your Ad Carrier on you will set up a time at Best Signs, located in front of Knotts Berry Swim Park on Gene Autry. They will be doing all signage for Ad Carriers and Window Wraps. It takes about 30 - 45 minutes to put an Ad Carrier on a vehicle. • The advertiser will sign a contract with the CVTOA. The CVTOA will pay you by check, monthly, and issue 1099's at the end of the year. The 10% fee helps pay CVTOA costs that support you! If you have any questions, don't hesitate to call. Sergio M. Santo President, CVTOA CV T O A P.O. Box 5451 - Palm Springs, CA 92263 ■ ■ ■ ■ ■ (760) 409-1787 - Fax (760) 323-4267 COACHELLA VALLEY TAXI 0 WNERSASSO CIA TION -To proleci and promote the taxi industry in the Coachella Valley • Founded November 5, 2002 A Non-Profit Beneficial Association#56 2320958 March 2, 2004 ADVERTISING SIGN-UP SHEET As a Taxi Company Owner or Independent Operator it is my intention to advertise through the CVTOA. I do not recognize any outside marketing company outside of the Taxi Industry. I will be allowing the CVTOA to secure my advertising or I will do it myself. Company Name or Independent Operator #of Taxis Signature 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CN.T.O.A. P.O. Box 5451 • Palm Springs, CA 92263 (760) 409-1787 • Fax (760)323-4267 COACHELLA VALLEY TAM 0WNERSASSOMTION • To protect and promote the taxi industry in the Coachella Valley •Founded November 5, 2002•A Non-Profit Beneficial Association 456 2320958 The CN.T.O.A. asks that the city council change city ordinances and to allow advertising on taxis. We ask that the city ordinance allow: (1) Illuminated,two-sided ad carrier on top of each taxi not to exceed 58 inches in length, 18 inches in width and 17 inches in height (this is the standard size for vans). A sedan's length would be shorter(generally from 38 to 48 inches in length) due to the varying degree of roof sizes on sedans. (2) We ask the city council to allow taxis to advertise on their back window using glass decaling processes or lamenation that would not obscure the I vision of the taxi driver. (3) No advertising to men's clubs, dating services, business products or events that are degrading or objectionable to the citizenry of our communities would be allowed by choice of the C.V.T.O.A. 3 CN.T.O.A. P.O. Box 5451 • Palm Springs, CA 92263 (760) 409-1787 • Fax (760) 323-4267 COACHELLA VALLEY TAM OWNERS ASSOCIATION • To protect and promote the taxi industry in the Coachella Valley •Founded November 5, 2002•A Non-Profit Beneficial Association#56 2320958 It has been the goal of the CN.T.O.A.to allow advertising from the following: ■ Casinos ■ Restaurants ■ Hotels ■ Destination Resorts ■ Special Events ■ Professional Services; i.e.,Attomeys/Realtors/Health i Care/Nursing Homes/Contractors/Accountants ■ Entertainment Venues ■ Radio and TV Stations ■ Consumer Products ■ Financial Services The CN.T.O.A, will keep a tracking system of advertising being done with our weekly advertising performance sheet. This would be available to any city government on request (copy enclosed). Documents included are letters from SunLine attorney, CN.T.O.A. attorney, Letter of Compliance from non members of the CN.T.O.A. -4- LISA GARVIN COPELAND A Professional Corporation _ 74-046 HIGHWAY III SUITE 225 , . ,' TELEPHONE(760).'341-7773 PALM DEWT,'CAL1F6hNIA 92260.' , PAX(760)341-3389 April 28, 2003 Gary Goldman, Esq. 2307 S. Madrona Drive Palm Springs, CA 92264 Re: Taxicab Advertising Dear Mr. Goldman: The purpose of this letter is to respond to your request of earlier this month that SunLine Services Group and SunLine Regulatory Administration, provide you with a letter describing the limitations of SRA's authority concerning taxicab advertising. On April 4, 2003, SRA staff and I attended a meeting with you and with representatives of the Coachella Valley Taxi Owners Association ("CVTOA"). At that time, I described that SSG's Taxicab Ordinance does not prohibit third party advertising on the exterior of taxicab vehicles as a general proposition. You asked for a letter to that effect and this letter is intended to serve that function. The Taxicab Ordinance does not prohibit third party advertising. However, the .Taxicab Ordinance and the Taxicab Regulations both contain some requirements that .apply to the exterior of vehicles, for instance, taxicab rates, the operator name and other information is required to be printed on the exterior. Vehicles are also required to be equipped with a toplight that includes "tattletale" lights on the roof. To the extent that any third party advertising does riot conflict or otherwise infringe upon the purpose of these requirements, it would not be in violation of the Taxicab Ordinance. Prior to instillation of any'third party signage, taxicab operators should consult the Taxicab Ordinance and the Taxi Regulations for further details as this letter is not intended to provide an exhaustive description of the Taxicab Ordinance signage requirements. This also assumes that the signage is not otherwise unlawful ie. does not violate obscenity or other appropriate advertising standards. This letter is not intended to provide any form of opinion about other ordinances 'in the Coachella Valley that the various cities have adopted and any potential impact of those ordinances upon taxicab advertising. You need to consult those ordinances directly and independently to determine their impact, if any, upon the third party advertising that is being proposed. fit, Gary Goldman, Esq. . 4/28/03 Page 2 I hope that this letter has answered your inquiry. Please feel free to call me if you would like to discuss this subject further. Very Truly Yours; l-isa Garvin Copeland Cc: Sergio Santo, Coachella Valley Taxi Owners Association, Inc. LAW OFFICES OF -; MIDDLEBROOK, KAISER & POPKA S01 EAST TAHOUITZ CANYON WAY,STE.101 GREG C.MIDDLEBROOK PALM SPRINGS,CALIFORNIA 92262 SAN BERNARDINO OFFICE MICHAEL R.KAISER 600 N.ARROWHEAD AVENUE,STE,200 DENNIS G.POPKA Telephone: 1760 322-OB06 POST OFFICE BOX 1319 JEFF M.VOSS ) SAN BERNARDINO,CA 92402 DENNIS R.STOUT Faaimfie:(760)322.8979 DAREN E.HENGESBACH NANCY MENZIES VAESSEN direct e-mail for Michael R.Kaiser: MKAISERPMKP-LAWCOM Telephone: (909)6BB- 61 RICHARD C.HARRIS Facsimile: (909)686-737360 BRETA.MAURRAS DANIEL C.LOUGH December 18, 2003 Ronald Oden, Palm Springs Mayor Jenny Foat, Council Member Mike McCullouch, Council Member Chris Mills, Council Member Steve Pougnet, Council Member 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mayor and Council Members: We have been asked by Coachella Valley Taxi Owners Association to contact each of you regarding the efforts of the City of Palm Springs to prevent taxicabs picking up fares within the Palm Springs' i city limits from displaying advertising for third-parties on their vehicles. This issue was presented to the prior City Council by the Coachella Valley Taxi Owners Association and has never been finally resolved. Two council members voted to defer the matter to Sunline and the prior mayor and one council member voted to disallow such advertisement. To date, Sunline has done nothing to address this issue, and my review of Ordinance#99-1 does not clearly prohibit such advertisement. Furthermore, my review of the city ordinances does not clearly prohibit such advertising. As explained to the previous City Council,the City of Palm Springs is the only municipality in the Coachella Valley that disallows such advertising. This means that taxicabs operating out of any other city in the Coachella Valley can transport fares to within the city limits even if they display such third-party advertising. The purpose of+this letter is to attempt an informal resolution of the City's position regarding this issue. The Coachella Valley Taxi Owners Association is fully prepared to seek court assistance if necessary. Obviously,the Coachella Valley Taxi Owners Association would prefer to avoid the cost associated with that litigation and assumes that the City would also like to avoid those costs as well as any adverse publicity. The law is clear that the City of Palm Springs cannot constitutionally disallow all third-party advertising on taxicabs. This constitutes a violation of freedom of speech. Additionally, disallowance of all such advertising is violative of the federal constitution since it interferes with interstate transportation and prohibits taxicab owners operating out of Palm Springs from transporting fares from Palm Springs to out-of-state locations such as Las Vegas. Further,it violates the protection clause because taxicabs in other cities can transport fares to Palm Springs even if they display such advertising whereas Palm Springs taxicab owners cannot. Mayor and City Council Members December 18, 2003 Page 2 We would agree that the City of Palm Springs can exercise some control and establish some guidelines in connection with third-party advertising on taxicabs. Accordingly, the representatives of the Coachella Valley Taxi Owners Association and this office would like to meet with the appropriate City representatives for the purpose of establishing such guidelines. _ If the City of Palm Springs is unwilling to change its position regarding the complete disallowance of third-party advertising on taxicabs,then it is requested that the City clearly state those ordinances upon which it relies for its position. We look forward to your prompt response. Yours very truly, MIDDLEBROOK, KAISER & POPKA GC�HA�LR. AISER MRK:mkm cv taxiVtr cc: David J. Alshire, City Attorney _ PROVEN 1. 11 "THE COST OF MARVI N 'S STATE OF THE ART TAXI ADVERTISING EQUIPMENT IS PAID OFF IN TWO TO THREE MONTHS !" SAYS CAB OPERATOR side 16.5 ' e JIgIDCi Ggtcwu ;A �. - 54" Height - 14.5" SPA Size - 14" x 48" Plast formed ilF IyW!wnate LUP — On x.. �- Alurr_i' m base *Price dependant on city code requirements, New and limited quantity of prior used renewed carriers available. . . . "Rooftop Advertising carriers not only makes my company money, but makes my companyTAXICAB BIG in my city"0 § 0 SAYS CAB OPERATOR Marvin Advertising Company 9045 La Fontana Blvd. Suite C-10 Boca Raton, FL 33434 Ph(561) 477-6800 Fx(561) 477-1819 www.members.aol.com/marvinadv e-mail marvinadv@aol.com ©2000 MARVIN ADVERTISING COMPANY CAN NOT BE COPIED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF MARVIN ADVERTISING COMPANY