HomeMy WebLinkAboutA3660 - SUNLINE TAXI IMPLEMENTATION REGULATIONS TAXICAB MO 5730 Sunline Services Group
Taxi Reg Implementation
AGREEMENT #3660
M05730, 4-30-96
IMPLEMENTATION AGREEMENT
AUTHORIZING THE SUNLINE SERVICES GROUP
TO REGULATE TAXICABS
THIS IMPLEMENTATION AGREEMENT is made and entered into as of
the date that the legislative body of each public agency approved
it, pursuant to Government Code Section 6500 et seq. , other
pertinent provisions of law, and the Joint Powers Agreement of the
Sunline Services Group entered into on or about November 2, 1993 by
and between some or all of the following public agencies : the
County of Riverside, the City of Coachella, the City of Indio, the
City of Indian Wells, the City of Palm Desert, the City of Rancho
Mirage, the City of Cathedral City, the City of Palm Springs, the
City of, Desert Hot Springs and the City of La Quinta. This
Implementation Agreement is made with reference to the following
background facts and circumstances :
R E C I T A L S
A. Each member and party to this Implementation Agreement is
a governmental entity established by law with full powers of
government and legislative, administrative, and other related
fields. 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 taxicab services within
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its jurisdiction.
B. The purpose of this Implementation Agreement is to
implement a program regulating, licensing and franchising the
business of operating taxicabs and other forms of ground
transportation available to the public on a for fare basis
("Alternative Transportation" ) pursuant to that Joint Powers
Agreement, entered into on or about November 2, 1993 .
C. The geographic areas to be covered by this Implementation
Agreement are those areas which are within the jurisdiction of the
public agencies who are parties to this Implementation Agreement .
D. The Board of Directors of SunLine Services Group ( "SSG" )
has, by a vote of not less than two-thirds of all members of the
Board, voted to authorize SSG to perform the additional function of
taxicab regulation and to authorize some or all of the members of
SSG to enter into this Implementation Agreement .
E. 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 Implementation
Agreement and vesting such powers in SSG as an established joint
powers agency; however, each member shall retain its power to
regulate, license and franchise 'Dial-A-Ride' programs within its
jurisdiction.
NOW, THEREFORE, the parties do agree as follows :
1 . PURPOSE AND POWERS
1 . 1 Purpose of the Implementation Agreement .
The public agencies which are signatories to this
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Implementation Agreement have a mutual interest in regulating,
licensing and franchising the business of operating taxicabs and
Alternative Transportation. The parties to this Implementation
Agreement wish to coordinate regulatory activities as they relate
to taxicab operations and Alternative Transportation within the
Coachella Valley area by vesting in SSG 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.
1 . 2 Powers .
SSG through its Board of Directors is hereby authorized
to perform all necessary functions to fulfill the purposes of this
Implementation Agreement . In addition, SSG through its Board of
Directors shall have the common power of the parties pursuant to
the provisions of California. Government Code, sections 6500 et sece .
and section 53075 . 5, California Vehicle Code section 21100 and
other applicable law, to regulate taxicab services . In exercise of
said powers SSG is authorized in its own name to :
a. To exercise jointly the common powers of the
parties hereto to regulate, license and franchise
taxicabs and Alternative Transportation;
b. To adopt regulations establishing a rate schedule
to be charged by operators of taxicabs for services
furnished to the public;
C. To establish safety requirements for taxicabs and
Alternative Transportation;
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d. To collect fees to cover the expenses incurred by
SSG in implementing the powers conferred under this
Amendment, including, without limitation, fees for
the issuance of operating permits, safety
inspection fees and franchise fees;
e. To enforce regulations licensing, franchising and
permitting requirements;
f. To adopt an ordinance establishing a system of
rates, regulations, licensing and franchise
requirements;
g. To amend from time to time the rate schedule,
safety, licensing and franchise requirements
referred to herein;
h. To lease, acquire, construct, manage, maintain, and
operate any buildings, works, or improvements
necessary for its taxi regulatory functions;
i. To sue and be sued in its own name;
j . To the extent; not herein specifically provided for,
to exercise any powers in furtherance of the
purpose of this Implementation Agreement in the
manner of and according to the methods provided
under applicable laws .
1 . 3 Duties .
1 .3 . 1 SSG shall have the duty to carry out the purpose
and intent of this Implementation Agreement 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
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such debts and obligations and perform such other acts as are
necessary to the accomplishment of the purposes of this
Implementation Agreement in accordance with the provisions of
California Government Code, sections 6500 et sees . and as prescribed
by the laws of the State of California.
1 . 3 . 2 SSG 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 Implementation
Agreement that upon the adoption of a "taxicab ordinance" by SSG' 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 and repeal any laws,
regulations and ordinances, if any, which fix or impose a business
license tax of the business of providing taxicab services within
their respective city limits or area of jurisdiction. The
authority granted under this paragraph shall not affect the
authority or ability of the parties hereto to:
a. 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;
b. approve the solacement of taxicab stands or taxicab
"cruising" within their respective jurisdictions;
C. assess and collect a fee or charge having to do
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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;
d. regulate, license and franchise "Dial-A-Ride"
programs within their respective jurisdictions .
1 .4 Annual Budget .
The annual budget of SSG shall include the activities of
taxicab regulation as provided for in this Implementation
Agreement .
1 . 5 Revenues.
All fees and charges collected by SSG with relation to
the regulation, licensing and franchising of taxicab operators and
Alternative Transportation shall be collected and administered by
SSG under the direction and control of SSG' s General Manager,
subject at all times to the authority of the Board of Directors .
SSG shall have custody of all funds and shall provide for strict
accountability thereof in accordance with applicable laws of the
State of California.
The funds collected by SSG 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.
1 . 6 Disbursements.
The General Manager shall requests for payment from the
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Treasurer in accordance with budgets approved by the Board of
Directors subject at all times to provisions of the Joint Powers
Agreement of SSG relating to budgets . The Treasurer shall pay such
claims or disbursements and such requisitions for payment in
accordance with rules, regulations, policies, procedures and bylaws
adopted by SSG.
1 . 7 Accounts .
All funds of SSG relating to the regulation of taxicabs
shall be deposited in one or more general accounts of SSG, provided
that the funds of SSG relating to taxicab regulation shall be
separately accounted for so as to allocate income and expenses
solely between the parties, to this Implementation Agreement as
provided in the Joint Powers Agreement of SSG. The receipt,
transfer, or disbursement of such funds, during the term of this
Implementation Agreement, shall be accounted for in accordance with
generally accepted accounting principles applicable to governmental
entities and pursuant to Government Code Section 6505 et sec . and
any other applicable laws of the State of California. There shall
be strict accountability of all funds . All revenues and
expenditures shall be reported monthly to the Board of Directors of
SSG.
SSG shall keep separate financial books and records and
shall prepare a separate audited financial statement of SSG as it
pertains to the regulation, licensing and franchising of operators
of taxicabs and Alternative Transportation as of June 30th of each
year. The statement shall reflect SSG transactions from July 1st
through June 30 of each year.
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1 . 8 Expenditures Within Approved Annual Budget .
All expenditures shall be made within the approved annual
budget and in accordance with the provisions of the Joint Powers
Agreement of SSG.
2 . ADMISSION AND WITHDRAWAL OF PARTIES
2 . 1 Admission of New Parties .
It is recognized that public entities, other than the
original parties, may wish to participate in this Implementation
Agreement . Additional Coachella Valley cities may become parties
to this Implementation Agreement evidenced by the execution of a
written addendum to this Implementation Agreement signed by the
additional party.
2 . 2 Withdrawal .
It is fully anticipated that each party hereto shall
participate in this Implementation Agreement until it desires to
withdraw. The voluntary or involuntary withdrawal of any party,
unless otherwise provided by the Board of Directors of SSG, shall
be conditioned as follows :
A. A party may withdraw from this Implementation
Agreement following a properly noticed public
hearing before the member entity desiring to
withdraw. Written notice shall be given to SSG at
least 90 days prior to the effective date of
withdrawal;
B. Withdrawal shall not relieve the party of its
proportionate share of any debts or other
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liabilities incurred by SSG prior to the effective
date of withdrawal .
C. Withdrawal shall result in the forfeiture of that
party' s rights and claims relating to distribution
of property and funds upon termination of this
Implementation Agreement, as set forth in Section 5
below;
D. Withdrawal from this Implementation Agreement shall
not be deemed withdrawal from membership in SSG.
2 .3 Re-Admission of Party.
Public entities that withdraw from this Implementation
Agreement may be re-admitted as parties to this Implementation
Agreement upon such terms and conditions as provided by the Board
of Directors of SSG.
3 . TERMINATION AND DISPOSITION OF ASSETS
3 . 1 Termination.
SSG shall continue to exercise the joint powers herein
until the termination of this Implementation Agreement and any
extension thereof or until the parties shall have mutually
rescinded this Implementation Agreement; providing, however, that
this Implementation Agreement shall continue to exist for the
purposes of disposing of all claims, distribution of assets and all
other functions necessary to conclude the affairs of the subject
program of this Implementation Agreement .
3 . 2 Termination shall be accomplished by written consent of
all of the parties, or shall occur upon the withdrawal from the
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Implementation Agreement of a sufficient number of the agencies
enumerated herein so as to leave less than two of the enumerated
agencies as remaining parties to this Implementation Agreement .
3 . 3 Distribution of Property and Funds .
In the event of the termination of this Implementation
Agreement, any property interest remaining in the taxicab
regulation program shall be distributed to those entities who are
then parties to this Implementation Agreement to be used for their
general government purposes .
4 . MISCELLANEOUS
4 . 1 Effective Date.
This Implementation Agreement shall be effective and SSG
shall be authorized to proceed under this Implementation Agreement
when this Implementation Agreement has been executed by any two or
more of the public agencies enumerated herein.
4 .2 Legislative Determinations .
Legislative determinations by SSG concerning matters
which are the subject of this Implementation Agreement shall be
made by those members of the Board of Directors of SSG who are
representatives from the public agencies who are parties to this
Implementation Agreement . A quorum for action on a matter which is
the subject of this Implementation Agreement shall be fifty percent
(50e) of the total number of parties to this Implementation
Agreement plus one . The Board may take no official action in any
instance where less than a quorum is present .
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4 .3 Partial Invalidity.
If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Implementation Agreement
shall to any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all. of the remaining terms, provisions,
sections, promises, covenants and conditions of this Implementation
Agreement shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
4 . 4 Amendments .
This Implementation Agreement may be amended from time to
time with the approval of the parties to the Implementation
Agreement .
4 . 5 Execution.
The Board of Supervisors of the County of Riverside
and the City Councils of the cities enumerated herein have each
authorized execution of this Implementation Agreement as evidence
by the authorized signatures below respectively.
Dated: �160 - .j V1e15--
, 1996 COUNTY OF RIVERSIDE
Approved As To Form:
� 46''4" l /�i�/mil '� c� • _
County Counsel
ff
Dated: kv% � � .` V 1996 CITY OF COACHELLA
Approved As T orm:
C ey Mayor
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Dated: / 1996 CITY OF INDIO /
Approved A /To For .
Q,fty A orney
Dated: �� 1996 CITY OF LA QUINTA
Approved As To Form:
`City Attorney Mayor
Dated: i0 1996 CITY OF INDIAN WELLS
Approved As To Form:
111 . C. / 1
Ci Mayor
Dated: 0 1996 CITY OF PALM DESERT
Approved o Form:
�7
ity ttorney Mayor
�p
Dated: , ` moo 1996 CITY OF RANCHO MIRAGE
Approved As To Form:
City Ater ey Mayor
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Dated: / 1to'w Z' 1996 CITY OF CATHEDRAL CITY
Approved A To Form•
LAU-
C' y A,,16rney Mayor
Dated: (n /f �� �j 1996 CITY OF PALM SPRINGS
Approved As To Form:
City "tY orney Mayor
Dated: May 20 1996 CITY OF DESERT HOT SPRINGS
Approved As To Form:
City kttorney Mayor
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
CityClerk
�u& ,� u4��
nio
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• MEMBERS:
u�Line Cathedral City Indian Wells Palm Springs
Coachella Indio Rancho Mirage
Desert Hot Springs La Quinto Riverside County
Palm Desert
S / / A S f N C Y A Public Agency
April 29, 1996
Mr. Al Smoot
City of Palm Springs
3200 E. Tahquitz Canyon Drive
Palm Springs, CA 92262
Re : SunLine Services Group
Dear Al :
The purpose of this letter is to state SunLine Services
Group' s administrative interpretation of the use of the words
"Alternative Transportation" as those words are used in the
implementation agreement relating to the regulation of
taxicabs entered into and to be entered into between SunLine
Services Group and the various cities of the Coachella Valley
and the County of Riverside .
I and other members of the staff of SunLine Services
Group have received direction concerning this issue from the
Taxicab Committee of the Board of SunLine Transit Agency
which, as you know, has heretofore been involved in the
taxicab regulation function. The direction given me is
consistent with the following administrative interpretation
which is intended to constitute SunLine Services Group' s
interpretation of the quoted language as follows :
SunLine Services Group acknowledges,
understands and accepts that the Palm Springs City
Council approval of the SunLine Services Group
Taxicab Implementation Agreement is based upon the
understanding that the term "Alternative
Transportation" as used in the Implementation
Agreement does not prohibit the City from
regulating, franchising or operating other forms of
transportation entirely within the city limits of
the City of Palm Springs . "Other forms of
suPn-,FMaVT 2-1qZ
32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 619-343-3456 Fax 619-343-3845
Mr. Al Smoot
April 29, 1996
Page 2
transportation" as utilized in this determination
shall be any transportation activity including
pedicabs, carriages, jitneys and hotel and other
shuttle service that does not fit the definition of
"taxicab" as found in the SunLine Services Group
taxicab regulatory ordinance.
This same administrative interpretation applies to all
cities and the county subject to SunLine' s regulation over
taxicabs. Please call me if you have any questions.
Very truly yours,
SUNLINE SERVICES GROUP
v
Richard Cromwell, III
General Manager
RCIII/sgc
CC : Phil Bostley, Jr. , Chairman
Will Kleindienst, Chairman, Taxi Committee
Dennis Gilman
Dennis Guinaw
sU PP�C-11�IENT
,2_/q - 3
CRANDALL S. TRAVER
ATTORNEYS AT LAW
LYNN O. CRANDALL 43-64'_r MONTEREY AVENUE. SUITE D SAN FRANCISCO OFFICE
WALTER J. R. TRAVER ONE MARITIME PLAZA
PALM DESERT, CALIFORNIA 92260
LISA A. GARVIN SUITE 1040
ELRABETH OLIVIER TELEPHONE (6I9) 345-7557 SAN FRANCISCO, CA 94111
TONI EGGESRAATEN TELECO PIER 1619) 773-3509 TELEPHONE (4(5) 434-4545
HIMBERLY G. OLESOh TELECOPIER (415) 438-3595
March 20, 1996
BY TELECOPIER AND REGULAR MAIL
David J. Aleshire
City Attorney, City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Taxicab Implementation Agreement -
SunLine Services Group
Dear David:
The purpose of this letter is to address two concerns
that have been raised by the City of Palm Springs in
connection with the Taxicab Implementation Agreement
authorizing SunLine Services Group to regulate taxicabs in the
Coachella Valley. I understand that the Taxicab
Implementation Agreement is on the city council' s agenda for
this evenings' meeting. It is my understanding that the
agreement has been approved by all of the cities in its
present form.
The two concerns that we discussed are as follows .
First, the city wishes to know if the voting provisions from
the SunLine Services Joint Powers Agreement apply to the
Taxicab Implementation Agreement . I advised that in my
opinion as legal counsel to SunLine Services Group ( "SSG") and
SunLine Transit Agency that the voting provisions from the SSG
Joint Powers Agreement apply to the Taxicab Implementation
Agreement . I discussed with you on the telephone the fact
that the history of the formation of SunLine Services Group as
a separate joint powers authority supports this
interpretation. As you recall from the initial drafting of
the SunLine Services Group Joint Powers Agreement, that entity
planned and initially formed as a separate joint powers agency
David J. Aleshire
March 20, 1996
Page 2
with the main goal in mind to regulate taxicab services . The
voting provisions of the SunLine Services Group Joint Powers
Agreement were drafted with taxicab regulatory functions
specifically in mind. As you know, the taxicab function was
dropped from the SunLine Services Group Joint Powers Agreement
as a function as a function of that entity due to some
political opposition. The fact remains, however, that the
voting provisions of the; SunLine Services Group Joint Powers
Agreement were intended to apply to taxicab services and our
interpretation would be that those provisions apply to the
Taxicab Implementation Agreement presently under consideration
for approval by the City of Palm Springs.
The second concern that you raised relates to paragraph
1 . 3 .2 of the Taxicab Implementation Agreement. That paragraph
provides that the cities shall repeal any laws, regulations
and ordinances providing for taxicab regulation. Your concern
relates to the legal validity of the provision. SSG and
SunLine are aware and acknowledge that there is case law to
the effect that a city cannot by contract surrender its
legislative powers. The original intent in reciting that the
cities to repeal their taxicab regulations arose from the
initial passage of the SunLine Transit Agency Joint Powers
Agreement to add taxicab regulation to its government
functions . At the time all cities had ordinances in effect
and the concern was that there not be conflicting regulation
which poses another legal issue . The language concerning the
repeal of existing laws was included in the agreements for
that reason.
As counsel to SunLine, we acknowledge that the provision
is probably not legally enforceable if any of the cities
should refuse to comply. We also discussed the fact that
there would be no "remedy" for SunLine in the event that a
city refused to repeal a taxicab regulation in that this
provision is most likely unenforceable. We also discussed the
fact that SunLine would, not be interested in pursuing any
enforcement mechanism to require a city to repeal any
regulation even assuming that the law would allow it to do so.
I hope that this letter adequately addresses your
concerns in connection with the Taxicab Implementation
Agreement . Please give me a call if there is anything further
that you need from our office or from SunLine. As I noted,
David J. Aleshire
March 20, 1996
Page 3
SunLine is desirous of concluding this matter as quickly as
possible. I appreciate your assistance in resolving these
issues without amendment to the agreement.
Very truly yours,
CRANDALL & TRAVER
Lisa A. Garvin
LAG: sgc
CC : Dennis Gilman (By fax)
6344 . 04