HomeMy WebLinkAboutSan Luis Obispo RegionaI Transit Authority Joint Powers AmendmentcouNTY couNSEL ruu 24 ?t1'r
SLO CIÏY CLERK
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OFFICE OF THE
COUNTY OF SAN LUIS OBISPO
COUNTY GOVERNMENT CENTER, ROOM D32O
SAN LUIS OBISPO, CA 93408
TELEPHONE (80s) 781-5400
FÞJ, (8O5\ 781-4221
June 18,2013
ASSISTANT
Tr[¡orHY McNULTY
CHIEF DEPUTY
NINA NEGRÂNTI
DEPUTIES
JAMES B. ORroN
ANN CATHERINE DUGGAN
PATRTcK J. FoRAN
LESLIE H. KRAUT
Susnn Hopru¡¡t
CHERIE J VALLELUNGA
S¡t¡t'lr'roN G MATUSZEWtcz
C¡nnre Wr¡rrens
W¡rrruey McDot¡r-o
ERrcA STUCKEY
Dnvro Sroruruo
Re
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Amendment of the San Luis Obispo Regional Transit Authority (SLORTA)
Joint Powers Agreement (JPA)
To whom it may concern:
Enclosed please find form 4048 Amendment of a Joint Powers Agreement and a copy the
amendment to the San Luis Obispo Regional Transit Authority Joint Powers Agreement.
In the event that there are any questions or concerns, please contact
Neil V/arn er, Legal Clerk
County Government Center, Room D320
San Luis Obispo, CA 93408
Phone: 805-781-5400
Email: nwarner@co.slo.ca.us
Very truly yours,
RITA L. NEAL
Counsel
RITA L NEAL
COUNTY COUNSET
:N\M
Enclosure
131716
3 8l3nwltr.docx
I
By:Warner
for Timothy McNulty
Assistant County Counsel
State of Galifornia
Secretary of State
FILE
(Ofñce Use Only)
AMENDMENT OF A JOINT POWERS AGREEMENT
(Government Code section 6503.5)
lnstructions:
1. Complete and mail to: Secretary of State, P.O. Box 942877,
Sacramento, CA 94277 -OOO1.
2. lnclude filing fee of $1.00.
3. Do not include attachments.
4. A copy of the full text of the joint powers agreement and amendments, if any, must be submitted to the State
Controller's ofüce. For address information, contact the State Controller's ofüce at www.sco.ca.qov.
Date of filing initial notice with the Secretary of Qlala'M 17.r979
File number of initial notice:459
Name of the agency or entity created under thé agreement and responsible for the administration of the agreement:
San Luis ObÍspo Reeional Transit Authorit v
Agency's or Entity's Mailing Address:179 Cross Street,San Luis Obispo, CA 934OI
Title of the agreement:San l.uis Obisoo Resion aI Transit Authoritv Joint
Powers Agreement
Complete one or more boxes below. The agreement has been amended to:
t I Change the parties to the agreement as follows:
t I Change the name of the administering agency or entity as follows:
t 1 Change the purpose of the agreement or the powers to be exercised as follows:
t 1 Change the short title of the agreement as follows:
t ¡ I Make other changes to the agreement asfottows: Modifications to titles and other
Ðrov1s10ns including the power to incur debt.
RETURN ACKNOWLEDGMENT TO: (Type or Print).za
NAME
ADDRESS
f Ceof f Straw, Exeeutíve Dir.l
CITY/STATEZIP
SLORTA
179 Cross Street
L SLO, CA 93401 J Tímothy ulty, Counsel
Typed Name and Title
sEcrsTATE NP,SF 4048 (REV, lo/2010)
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
JOINT POWERS AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 9th day of March, 1990, and
amended on 2nd day of September, 1998, and further amended on f\Ê*.rc 1Ç¿,l}o13 ,
2013, by and among the incorporated cities of Arroyo Grande, Atascadero, EL Paso de
Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being
municipal corporations in the County of San Luis Obispo, California (hereinafter called
"Cities") and the County of San Luis Obispo, a body politic and corporate, and a
subdivision of the State of California, (hereinafter called "County").
WHEREAS, Section 6500 et seq. of the California Government Code (Title 1,
Div. 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the contracting parties, subject to
certain mandatory provisions contained therein; and
WHEREAS, the Cities and County have previously entered into a joint powers
agreement for the formation of the San Luis Obispo Council of Governments for the
purpose of providing, among other things, for a regional transportation agency; and
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held
meeting on May 10, 1989, voted to consolidate the administration of several
transportation systems through a regional transit joint powers agreement.
NOW THEREFORE, it is agreed as follows:
ARTICLE I
General Provisions
Section 1. Purpose: The purpose of this Agreement is to exercise the common
powers of the member agencies for the formation of a Joint Powers Agreement with full
power and authority to own, operate and administer a county-wide public transportation
system within the boundaries and over the territory over which the Joint Powers Agency
has jurisdiction.
Section 2. Name: The official name of the entity shall be San Luis Obispo
Regional Transit Authority and hereafter referred to as RTA.
ARTICLE II
Organization
Section 1. Board Members: The membership of the RTA Governing Board shall
be the same as the membership of the San Luis Obispo Council of Governments
(hereinafter referred to as SLOCOG).
Section 2. Board Meetinqs - Votinq - Quorum: Regular meetings shall be
generally held in the first week of July, September, November, January, March and May
or as specified in a biannually adopted meeting calendar. Special meetings may be
called by the President or upon written request of at least three (3) members of the RTA
Board.
Voting and quorum provisions shall be the same as those provided in the
SLOCOG Joint Powers Agreement.
Section 3. Officers: The officers of SLOCOG shall serve as officers of RTA.
Section 4. Executive Director: The RTA Board shall designate an Executive
Director to operate RTA. The Executive Director shall serve at the pleasure of the RTA
Board, with delegated powers to certify documents of the RTA Board as required by the
law and to assume such duties and responsibilities as the Board may direct.
Section 5. Members:
2
3.
1
Membership shall be contingent upon the execution of this Joint Powers
Agreement.
The County of San Luis Obispo and all cities incorporated in the County of
San Luis Obispo presently or in the future, are declared eligible for
membership.
Member city agencies may elect to have an alternate member(s) from
their city council in addition to any official member, but said alternate(s)
shall be able to vote only in the absence of the official representative.
Section 6. Boundaries and Service Levels: The service area boundaries shall be
all of the area within the boundaries of San Luis Obispo County as designated by the
RTA Board. Any additional services beyond the level recommended by the Regional
Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section
99401.5) may be instituted, but shall require unanimous approval of affected
jurisdictions, with costs for the extra service to be distributed on the basis of formula
developed by the RTA Board members representing the affected jurisdictions.
Section 7 Committees
2
1 Committees and subcommittees may be established as RTA may deem
appropriate.
Membership on "ad-Hoc" policy committees shall be at the discretion of
the President. Nothing herein shall be construed to limit membership on
these aforesaid committees to officials of the member agencies. The
Attachment 1
President may appoint any individual deemed qualified to serue on a
committee.
3. Standing committees shall include the
a Regional Transit Advisory Committee (RTAC) serving as a
Regional Transit Productivity Committee to advise the Board on the
efficiency and effectiveness of the transit system.
An Executive Committee comprised of the President, Vice
President and the past President and at least one representatives
from the county of San Luis Obispo (if none of the above) shall
advise the Executive Director and RTA on: draft agendas,
personnel íssues, budget and Overall Work Program; controversial,
sensitive and major policy issues; and shall facilitate the annual
performance evaluation of the Executive Director. ltems for review
shall be selected by the Executive Director in consultation with the
President. All Committee members may include agenda items as
they desire. For purposes of conducting business, two members
shall constitute a quorum.
No committee shall commit RTA on any matter or questions of policy.
Such matters or questions can only be decided by RTA.
All committees shall receive clerical assistance from RTA staff and, by
agreement, SLOCOG staff for the purpose of maintaining minutes of
meetings and other such duties as the Executive Director may direct. The
chair of each committee shall sign the original copy of the minutes
indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of RTA and the
Executive Director.
ARTICLE III
Financial Provisions
Section 1. Budqet: The Executive Director shall prepare an annual budget for
RTA adoption prior to commencement of each fiscal year. The approval of the Annual
Budget shall be in accordance with those procedures prescribed by the Joint Powers
Agreement of SLOCOG.
Accounting practices to be applied will conform with those used by San Luís
Obispo County, consistent with Transportation Development Act rules and regulations.
b
4.
5
A Consolidated Fund balance and cash balance will carry forward from one year
to the next.
The budget may additionally carry funds for future fiscal years where necessary
to develop a multi-year Capital lmprovement Program and to reflect obligations under
state or federal funding agreements, to the extent allowable by California law.
No member Agency shall be required to expend any of its generalfund monies to
support the operations of RTA. The operation of the transit system shall be funded from
revenues derived from operations, member Transportation Development Act fund
contributions, grants, and any other appropriate revenue sources. Each member agency
shall make an annual contribution to RTA in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that
formula and ratified by RTA.
All population percentages utilized shall be those annually adopted by SLOCOG
for allocating Transportation Development Act Funds based annually on estimates
prepared by the State Department of Finance pursuant to Section 2227 of the Revenue
and Taxation Code for cities and by the County Planning Department for unincorporated
communities.
Section 2. Expenditures: RTA may establish procedures and policies to insure
competitive prices for the purchases of goods and services. Formal bidding shall not be
required unless directed specifically by RTA or unless required by state or federal law.
Particularly in the purchase of equipment, including buses, RTA may consider the
design, maintenance and operating costs, and other similar factors in determining the
most suitable equipment and need not purchase equipment having the lowest initial
cost.
Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5,
the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of
RTA. The Treasurer shall have the powers and duties set forth in Government Code
Section 6505.5. The Auditor/Controller of the County of San Luis Obispo is designated
as the Auditor of RTA pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: RTA shall cause an annual audit to be prepared and
filed in accordance with Government Code Section 6505 and Public Utilities Code
Section 99245.
Section 5. Annual Report: The Executive Director shall prepare and submit an
annual report of the operations to the RTA Board, SLOCOG and State Controller within
90 days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243.
Section 6. Periodic Reportino: The RTA Board may require periodic reporting of
ridership, finances, or other information. lt shall be the responsibility of the Executive
Director to provide such reports in a form acceptable to the RTA Board.
ARTICLE IV
Authority
Section 1. Powers: RTA shall have all Powers necessary to carry out the purpose
of this Agreement, except the power to tax. lts power to expend funds shall be limited
only by the availability of funds as set forth in ARTICLE lll: Finances, Section 1. The
Powers of RTA specifically include, but are not limited to, the following:
To solicit bids and negotiate contracts from private enterprise for services
and/or operation.
2. To sue or be sued
To employ agents, employees and contract for professional services
To make and enter contracts, including labor, purchase agreement and
employment contracts.
To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
To acquire and convey real and personal property.
To incur debts, liabilities and obligations, as well as obligations of financial
assistance from State and Federal agencies, and to obligate RTA to
operate the improvements, equipment or transportation system in
accordance with the terms and conditions of said financial assistance.
Section 2. RTA is a Public Leoal Entitv: RTA is a public entity duly formed and
existing under the laws of the State of California. lt is a separate and distinct legal entity
from its member agencies. The debts, duties and obligations created pursuant to this
Agreement, shall be solely the obligations of RTA and not those of its officers,
employees, members of the Board of Directors or the member agencies.
ARTICLE V
Miscellaneous Provisions
Section 1. Withdrawal of Member: A withdrawing member's financial obligation
under this Section is limited to the withdrawing member's pro-rata share of the currently
adopted operating budget based upon ARTICLE lll, Section 1 within the service area of
the obligated commitments affecting the withdrawing member and any SLOCOG's
finding as to unmet transit needs that are reasonable to meet pursuant to Public Utilities
Code Section 99401.5.
Section 2. Amendment of Agreement: No amendment to this Agreement shall be
made without the consent of all member agencies at the time of the amendment.
1
3.
4.
6
7
5
Section 3. Ratifi Effective Date:This Agreement shall be deemed
effective as to those parties executing this agreement upon their execution of the
agreement.
Section 4. Assiqnabilitv: ln the event it is deemed in the best public interest to
have RTA operated by another individual or entity, whether public or private, and
provided that the assignment complies with State and Federal laws, the agency on
affirmative vote of the majority in accordance with Section 2 of ARTICLE ll, may sell,
lease or assign all of its real and personal property and cease operations upon such
terms and conditions as RTA determines to be reasonable.
Section 5. Termination: This Agreement shall continue in fullforce and effect until
rescinded by a majority of the member agencies.
Section 6. Notification to Secretarv of State: Pursuant to Government Code
Section 6503.5, RTA shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty
(30) days after the effective date of any amendment to this Agreement. Until such filings
are completed, RTA shall not incur indebtedness of any kind.
lN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first hereinabove written.
IN WITNESS THEREOF, the parties have executed this Agreement as of the day and
year first hereinabove written.
City of
By:
m4
Date
t\cp*g.UAß9 i'ù ÐÒt b
Resolution No. "'15Õ1
Clerk
City of Atascadero
By:Date
Resolution
Clerk
City of Grover Beach
DateBy:
Clerk
Resolution No.
City of Arroyo Grande
By:Date
Resolution No
Date: January 8,2013
Resolution No. 201
Date
Resolution No
Date
Resolution No
Date:
Resolution No.
Date:
Resolution No
Clerk
Gity of Atascade
By:
Clerk
Gity of Grover Beach
By:
Clerk
Gity of Morro Bay
By:
Clerk
City of Paso Robles
By:
Clerk
Gity of Pismo Beach
By:
Clerk
Page 7 of I
Section 3. Ratification - Effective Date: This Agreement shall be deemed
effective as to those parties executing this agreement upon their execution of the
agreement.
Section 4. Assiqnabilitv: In the event it is deemed in the best public interest to
have RTA operated by another individual or entity, whether public or private, and
provided that the assignment complies with State and Federal laws, the agency on
affirmative vote of the majority in accordance with Section 2 of ARTICLE ll, may sell,
lease or assign all of its real and personal property and cease operations upon such
terms and conditions as RTA determines to be reasonable.
Section 5. Termination:This Agreement shall continue in fullforce and effect until
rescinded by a majority of the member agencies
Section 6. Notificati to Secretarv of State : Pursuant to Government Code
Section 6503.5, RTA shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty
(30) days after the effective date of any amendment to this Agreement. Until such fitings
are completed, RTA shall not incur indebtedness of any kind.
lN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first hereinabove written.
lN WITNESS THEREOF, the parties have executed this Agreement as of the day and
year first hereinabove written.
City of Arroyo Grande
By:Date
Resolution No
Clerk
City of Atascadero
By:Date
Resolution No
Clerk
City of G
By:
J , Mayor
-àr,f-> L¿',LQ/¿--
Date 11119t2012
DMa L. McMahon, City CIerk
6
Resolution No. 12-77
Gity of Morro
By:
Clerk
Gity of Paso Robles
By:
Clerk
Gity of Pismo Beach
By:
Clerk
Gity of San Luis Obispo
By:
Clerk
Gounty of San Luis Obispo
By:
Clerk
Approved as to form and legal effect:
TIM MCNULTY
County Counsel
Date January 8, 20L3
Resolution No 06-13
Resolution
Date:
Resolution No.
Date:
Resolution No.
Resolution No
By:
Deputy County Counsel
7
Date:
By:
Clerk
City of Morro Bay
By:
Clerk
City of Paso Robles é.
By:I
Gity of Pismo Beach
By:
Clerk
City of San Luis Obispo
By
Clerk
County of San Luis Obispo
By
Clerk
Approved as to form and legal effect:
TIM MCNULTY
County Counsel
Date
Resolution No
Date
Resolution No
Date:
Resolution No. I - rbSfJ
Date
Resolution No.
Date
Resolution No
Date
Resolution No
7
By:
Deputy County Counsel
City of Morro Bay
By:
Clerk
City of Paso Robles
Resolution No.
Date
Resolution No
Date: December 18.2012
of Pismo Beac
Clerk
City of San Luis Obispo
By:
Clerk
County of San Luis Obispo
By:
Clerk
Approved as to form and legal effect:
TIM MCNULTY
County Counsel
By:
Deputy County Counsel
By:
Clerk
City
By:
Resolution No.R-20 1
Resolution No.
Da
Date
Resolution No
7
Date:
Page 7
City of Pismo Beach
By:
City
J Dietrick
Attorney
County of San Luis Obispo
By:
Clerk
Approved as to form and legal effect:
TIM MCNULTY
County Counsel
Deputy County Counsel
Date
Resolution No.
Date: ( >(7
Resolution No. I 041 3 (2012 Series)
Date:
Resolution No.
Clerk
City of Obispo
By:fnar.þ
By
City of Morro Bay
By Date:
Resolution No.
Clerk
Gity of Paso Robles
By:Date
Resolution No.
Clerk
Gity of Pismo Beach
By:Date:
Resolution N
Clerk
Gity of San Luis Obispo
Date
Resolution No.
Clerk
n Luis
Date I\Ðt'\
Chaírperson of the
Julie L. Rodewald
rd of Supervisors
Resolution No. zot¡-oo+ s
Clefk -Recórder and Ex-Officío Clerk of the Board of Supervisors
By:
Approved
,Deputy Clerk
as to and legaleffect:
RITA L. NEAL
County Counsel
I
By:
By
By
Chief Deputy
Date t
Cou nty Counsel
Page7 of7