HomeMy WebLinkAboutr10413ratifyingthejointpowersagreementfortheslocouncilofgovernmentRESOLUTION NO . 10413 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO RATIFYING THE JOIN T
POWERS AGREEMENT FOR THE SAN LUIS OBISP O
COUNCIL OF GOVERNMENT S
WHEREAS,the San Luis Obispo Regional Transit Authority was created by a Join t
Powers Agreement between the Cities and County of San Luis Obispo ; and
WHEREAS,any amendments to the Agreement require ratification by member agencies ;
and
WHEREAS,the last amendment to the Agreement was ratified by the City of San Lui s
Obispo on November 10, 1998 Resolution 8866 (1998 Series); and
WHEREAS,the San Luis Obispo Regional Transit Authority Board on November 7 ,
2012, approved minor language edits and clarifying amendments for the ratification by membe r
agencies .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo does ratify the second formal amendment of the San Luis Obispo Regional Transi t
Authority Joint Powers Agreement attached hereto as Exhibit A and incorporated herein by
reference, and authorize the Mayor to execute said agreement, and forward it to the San Lui s
Obispo Regional Transit Authority .
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, an d
on the following vote :
AYES :
Council Members Ashbaugh, Carpenter and Carter, Vice Mayor Smith
and Mayor Marx
NOES :
None
ABSENT : None
City Clerk
the foregoing resolution was adopted this 0 day December 2012 .
Stine Dietric k
City Attorney
R 10413
EXHIBIT A
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORIT Y
JOINT POWERS AGREEMEN T
WITNESSETH :
This Agreement is made and entered into this 9`h day of March, 1990, and amended on 2nd
day of September, 1998, and further amended on , 2012, by and among th e
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 Lui s
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 jointl y
exercise any power common to the contracting parties, subject to certain mandatory provision s
contained therein ; and
WHEREAS, the Cities and County have previously entered into a joint powers agreemen t
for the formation of the San Luis Obispo Council of Governments for the purpose of providing ,
among other things, for a regional transportation agency ; an d
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting o n
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 Provision s
Section 1 . Purpose :The purpose of this Agreement is to exercise the common powers o f
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 Regiona l
Transit Authority and hereafter referred to as RTA .
ARTICLE II
Organizatio n
Section 1 . Board Members :The membership of the RTA Governing Board shall be th e
same as the membership of the San Luis Obispo Council of Governments (hereinafter referred t o
as SLOCOG).
Section 2 . Board Meetings - Voting - Quorum :Regular meetings shall be generally hel d
in the first week of July, September, November, January, March and May or as specified in a
Page 2
biannually adopted meeting calendar . Special meetings may be called by the President or upo n
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 Join t
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 t o
operate RTA . The Executive Director shall serve at the pleasure of the RTA Board, wit h
delegated powers to certify documents of the RTA Board as required by the law and to assum e
such duties and responsibilities as the Board may direct .
Section 5 . Members :
1.
The County of San Luis Obispo and all cities incorporated in the County of Sa n
Luis Obispo presently or in the future, are declared eligible for membership .
2.Member city agencies may elect to have an alternate member(s) from their cit y
council in addition to any official member, but said alternate(s) shall be able t o
vote only in the absence of the official representative .
3.
Membership shall be contingent upon the execution of this Joint Power s
Agreement .
Section 6 . Boundaries and Service Levels :The service area boundaries shall be all of th e
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 o r
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 b e
distributed on the basis of formula developed by the RTA Board members representing th e
affected jurisdictions .
Section 7 . Committees :
1.
Committees and subcommittees may be established as RTA may deem
appropriate .
2.
Membership on "ad-Hoc" policy committees shall be at the discretion of th e
President . Nothing herein shall be construed to limit membership on thes e
aforesaid committees to officials of the member agencies . The President may
appoint any individual deemed qualified to serve on a committee .
3.
Standing committees shall include the :
Page 3
a.Regional Transit Advisory Committee (RTAC) serving as a Regiona l
Transit Productivity Committee to advise the Board on the efficiency an d
effectiveness of the transit system .
b.An Executive Committee comprised of the President, Vice President an d
the past President and at least one representatives from the county of Sa n
Luis Obispo (if none of the above) shall advise the Executive Director an d
RTA on : draft agendas, personnel issues, budget and Overall Wor k
Program ; controversial, sensitive and major policy issues ; and shall
facilitate the annual performance evaluation of the Executive Director .
Items for review shall be selected by the Executive Director i n
consultation with the President . All Committee members may include
agenda items as they desire . For purposes of conducting business, tw o
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 .
5 .
All committees shall receive clerical assistance from RTA staff and, b y
agreement, SLOCOG staff for the purpose of maintaining minutes of meeting s
and other such duties as the Executive Director may direct . The chair of eac h
committee shall sign the original copy of the minutes indicating verification o f
contents upon committee adoption. Copies of minutes of all meetings shall be sen t
to members of RTA and the Executive Director .
ARTICLE II I
Financial Provision s
Section 1 . Budget :The Executive Director shall prepare an annual budget for RT A
adoption prior to commencement of each fiscal year . The approval of the Annual Budget shall b e
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 Luis Obisp o
County, consistent with Transportation Development Act rules and regulations .
A Consolidated Fund balance and cash balance will carry forward from one year to th e
next .
The budget may additionally carry funds for future fiscal years where necessary t o
develop a multi-year Capital Improvement Program and to reflect obligations under state o r
federal funding agreements, to the extent allowable by California law .
No member Agency shall be required to expend any of its general fund monies to suppor t
the operations of RTA . The operation of the transit system shall be funded from revenues derive d
from operations, member Transportation Development Act fund contributions, grants, and an y
other appropriate revenue sources . Each member agency shall make an annual contribution t o
RTA in accordance with the adopted budget .
Page 4
Any formula may be amended upon approval of all jurisdictions affected by that formul a
and ratified by RTA .
All population percentages utilized shall be those annually adopted by SLOCOG fo r
allocating Transportation Development Act Funds based annually on estimates prepared by th e
State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code fo r
cities and by the County Planning Department for unincorporated communities .
Section 2 . Expenditures :RTA may establish procedures and policies to insur e
competitive prices for the purchases of goods and services . Formal bidding shall not be require d
unless directed specifically by RTA or unless required by state or federal law . Particularly in th e
purchase of equipment, including buses, RTA may consider the design, maintenance an d
operating costs, and other similar factors in determining the most suitable equipment and nee d
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 RT A
pursuant to Government Code Section 6505 .5 .
Section 4 . Annual Audit :RTA shall cause an annual audit to be prepared and filed i n
accordance with Government Code Section 6505 and Public Utilities Code Section 99245 .
Section 5 . Annual Report :The Executive Director shall prepare and submit an annua l
report of the operations to the RTA Board, SLOCOG and State Controller within 90 days of th e
end of the fiscal year pursuant to Public Utilities Code, Section 99243 .
Section 6 . Periodic Reporting :The RTA Board may require periodic reporting o f
ridership, finances, or other information . It shall be the responsibility of the Executive Director t o
provide such reports in a form acceptable to the RTA Board .
ARTICLE I V
Authority
Section 1 . Powers :RTA shall have all Powers necessary to carry out the purpose of thi s
Agreement, except the power to tax . Its power to expend funds shall be limited only by th e
availability of funds as set forth in ARTICLE III : Finances, Section 1 . The Powers of RTA
specifically include, but are not limited to, the following :
1.
To solicit bids and negotiate contracts from private enterprise for services and/o r
operation .
2.
To sue or be sued .
3.
To employ agents, employees and contract for professional services .
Page 5
4.
To make and enter contracts, including labor, purchase agreement an d
employment contracts .
5.
To acquire, convey, construct, manage, maintain and operate necessar y
equipment, building and improvements .
6.
To acquire and convey real and personal property .
7.
To incur debts, liabilities and obligations, as well as obligations of financia l
assistance from State and Federal agencies, and to obligate RTA to operate th e
improvements, equipment or transportation system in accordance with the term s
and conditions of said financial assistance .
Section 2 . RTA is a Public Legal Entity :RTA is a public entity duly formed and existin g
under the laws of the State of California . It is a separate and distinct legal entity from its membe r
agencies . The debts, duties and obligations created pursuant to this Agreement, shall be solely th e
obligations of RTA and not those of its officers, employees, members of the Board of Director s
or the member agencies .
ARTICLE V
Miscellaneous Provision s
Section 1 . Withdrawal of Member :A withdrawing member's financial obligation unde r
this Section is limited to the withdrawing member's pro-rata share of the cur rently adopte d
operating budget based upon ARTICLE III, Section 1 within the service area of the obligate d
commitments affecting the withdrawing member and any SLOCOG's finding as to unmet transi t
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 mad e
without the consent of all member agencies at the time of the amendment .
Section 3 . Ratification - Effective Date :This Agreement shall be deemed effective as t o
those parties executing this agreement upon their execution of the agreement .
Section 4 . Assignability :In the event it is deemed in the best public interest to have RT A
operated by another individual or entity, whether public or private, and provided that th e
assignment complies with State and Federal laws, the agency on affirmative vote of the majorit y
in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and persona l
property and cease operations upon such terms and conditions as RTA determines to be
reasonable .
Section 5 . Termination :This Agreement shall continue in full force and effect unti l
rescinded by a majority of the member agencies .
Section 6 . Notification to Secretary of State :Pursuant to Government Code Sectio n
6503 .5, RTA shall cause a notice of the execution of this Agreement to be prepared and file d
with the Office of the Secretary of the State of California, within thirty (30) days after the
Page 6
effective date of any amendment to this Agreement . Until such filings are completed, RTA shal l
not incur indebtedness of any kind .
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day an d
year first hereinabove written .
IN WITNESS THEREOF, the parties have executed this Agreement as of the day and year firs t
hereinabove written .
City of Arroyo Grand e
By :
Date :
Resolution No .
Clerk
City of Atascader o
By :
Date :
Resolution No .
Clerk
City of Grover Beac h
By :
Date :
Resolution No .
Clerk
City of Morro Ba y
By :
Date :
Resolution No .
Cler k
City of Paso Roble s
By :
Date :
Resolution No .
Clerk
Page 7
City of Pismo Beac h
By :
Date :
Resolution No .
Clerk
City of San Luis Obisp o
By :
Date :
Resolution No .
Clerk
County of San Luis Obisp o
By :
Date :
Resolution No .
Clerk
Approved as to form and legal effect :
TIM MCNULT Y
County Counse l
By :
Deputy County Counsel