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Home My WebLink About01/05/1988, C-5 - CONSIDERATION OF APPROVING THE CENTRAL COAST REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT TO PROVIDE REGIONAL PUBLIC TRANSPORTATION (FORMERLY NORTH COASTAL TRANSIT)��H�►��i�111111I�pi��ui ►��II�I city of San dI s OBI spo GMWZs COUNCIL AGENDA REPORT MEETING DATE: 1 -5 -88 ITEM NUMB Knofler'VTransit Manager via John Dunn. Citv Administrative Office SUBJECT: Consideration of approving the Central Coast Regional Transit Authority .Joint Powers Agreement to provide regional public transportation (formerly North Coastal Transit) CAD RECOMMENDATION: Adopt resolution approving the Central Coast Regional Transit Authority JPA BACKGROUND: SUMMARY DISCUSSION: On June 2, 1987, the City of Atascadero's Mayor wrote a letter to the North Coastal Transit (NCT) Chairman requesting that the City of Atascadero become a member of the regional transit authority. They further requested that the name "North Coastal Transit" be changed to the "Central Coast Regional Transit Authority" (CCRTA). Staff then recommended to the NCT Board that the NCT JPA be rewritten rather than amending the NCT JPA for a fourth time. The new regional transit JPA terminates the NCT JPA, establishes the CCRTA and adds the City of Atascadero as a member. Five member agencies would constitute CCRTA: the Cities of Atascadero, Morro Bay, and San Luis Obispo, Cuesta College and the County of San Luis Obispo. There are no other substantial changes to the CCRTA .TPA. On August 19, 1987, the NCT Board approved the CCRTA JPA and recommended that the member agencies approve the document. The County of San Luis Obispo, Cuesta College Board of Trustees and the City of Morro Bay have all recently approved the CCRTA JPA. Option 1: Adopt resolution approving CCRTA JPA. Option 2: Take no action. direct staff to renegotiate the CCRTA .JPA. SIGNIFICANT IMPACT: There are no direct fiscal or staff implications for the City as a result of approving the JPA. The regional public transportation program will continue as currently programmed. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION: Delay of NCT JPA revision and the City of Atascadero's membership in the regional transit authority. Staff isn't aware of any advantages to not taking the recommended action at this time. APPROVALS: City Attorney ATTACHMENTS: Resolution, Transmittal letter from County staff dared 11- 19 -87. CCRTA JPA ACTION: �� RESOLUTION NO. (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CENTRAL COAST REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of the executed agreement approved by it to: George Protopapas, County Engineer. San Luis Obispo County Government Center, San Luis Obispo, CA 93408. On motion of and on the following roll call vote: AYES: NOES: ABSENT: seconded by the foregoing Resolution was passed and adopted this __ day of _ , 1988. ATTEST: City Clerk Pamela Voges APPROVED: c �- City Adm nistrative Officer AY- --7 City AtAbrney Mayor Ron Dunin O-W-C) -2. E,v H I B I T "A" JOINT POWERS AGREEMENT CENTRAL COAST REGIONAL TRANSIT AUTHORITY This Agreement, by and between the Cities of Morro Bay, Atascadero and San Luis Obispo, the County of San Luis Obispo and San Luis Obispo County Community College District, is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California- This Agreement terminates the Joint Powers Agreement - North Coastal Transit entered into on January 12, 1979 and as subsequently amended. ' The Authority assumes all powers, duties, assets, liabilities and obligations of North Coastal Transit. ARTICLE I GENERAL PROVISIONS SECTION 1: PURPOSES. The purpose of this Agreement is to of the member agencies by the formation with full power and authority to own, public transportation system within the Joint Powers Agency has jurisdiction. Exhibit A.) SECTION 2: NAME. exercise the common powers of a Joint Powers Agency operate and administer a territory over which the See map attached hereto as The legal name of the Joint Powers Agency shall be Central Coast Regional- Transit Authority hereinafter referred to as Authority. SECTION 3: POWERS. The Authority shall have all powers necessary to carry out the purposes of this Agreement, except the power to tax. The power to expend funds shall be limited only by the availability of funds as set forth in Section 1 of Article III, Financial Provisions of this Agreement. The powers of the Authority specifically include, but are not limited to, the following: a. To operate a public transit system to serve the Highway 1 Corridor between the Cities of Morro Bay and San Luis Obispo including the Baywood -Los Osos Area, and the Old Highway 101 Corridor between the Cities of San Luis Obispo and Atascadero, as is shown on the map attached hereto as Exhibit A. b. To sue and be sued. -c. To employ agents, employees and to contract for professional or other services. 0-1-E3 d. To make and enter into contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate buildings and improvements. f. To acquire and convey real and personal property. g. To incur debts, liabilities and obligations. h. To apply for and execute contracts of financial assistance from state and federal agencies and to obligate the agency to operate the improvements, equipment, or transportation system in accordance with the terms and conditions of said financial assistance. i. To purchase necessary insurance. SECTION 4: AUTHORITY IS A PUBLIC LEGAL ENTITY. Central Coast Regional Transit Authority, is a public entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to the this Agreement, or those created pursuant to previous Agreement, shall be solely the obligation of the Central Coast Regional Transit Authority and not those of its member agencies or of officers, employees, members of the Authority or representatives of tha— member agencies. ARTICLE II ORGANIZATION SECTION 1: THE AUTHORITY. The powers of the agency are vested in its Governing Board. The Governing Board shall be composed of one representative from each member agency. Each member of the Board shall have one vote. Each member agency shall appoint one regular representative and one alternate representative to the Board, and shall notify the agency in writing of their appointments or of any change of representative. The representative shall serve solely at the pleasure of the appointing member agency. Representatives shall be either elected officials -or officers or employees of the member agency. SECTION 2. MEETING - VOTING QUORUM. The Board shall establish a time, place and date for a regular monthly meeting. Regular meetings may be adjourned from time to time. Special meetings may be called by the Chair or upon written E C�s-� m request of any two members of the Board. Members shall be given at least 48 hours written notice of special meetings, provided however, the representative of any member may waive said notice. A majority of the members shall constitute a quorum for the transaction of business. Nothing in this section shall conflict with any Brown Act requirements. Unless specifically limited by this Agreement, the vote of a majority of the members present at any regular, adjourned or special meeting shall be sufficient to act upon any matter. SECTION 3: OFFICERS. The Board shall elect a Chair and Vice - Chair, and the Vice Chair shall act in the absence of the Chair. The Board shall also elect such other officers as deemed necessary. All officers shall serve for a term of one year from the date of their election or until their successors are elected. The Chair or Vice -Chair is authorized to execute all documents in the name of the Authority. SECTION 4: ADMINISTRATION. The Board may, in its discretion, appoint an administrator of the transit system, to serve at the pleasure of the Board, and to have the power to certify agency documents as required by law and to assume such duties and responsibilities as the Board may direct. SECTION 5: NEW MEMBERS. The Board may accept new members to the Board on such terms and conditions as the Board may prescribe. SECTION 6: CHANGE OF BOUNDARIES. The boundaries of this Authority are subject to change, but shall initially be as set forth upon Exhibit "A" attached hereto and made a part of this Agreement and incorporated herein by reference. If any portion of the unincorporated area of the County is annexed to a member city, that annexed portion shall automatically be included within the boundaries of this Authority, and the said member city shall assume any obligations of the County as to that ..area. If a new city should be formed in any portion of the unincorporated area of the County presently included within the territory of this Authority, and if such a new city should become a party to this Agreement, then the affected area shall be the responsibility of the new city and the County shall not be responsible for any obligations on account of the area so included K, 6LE_� within the new city as of the effective date of the incorporation of the new city. The boundaries of this Authority shall be adjusted to reflect annexations or new incorporations as set forth hereinabove. If the new city should not become a member of this Authority, then the area of the new City shall be deleted from the area of this Authority. ARTICLE III FINANCIAL PROVISIONS SECTION 1: BUDGET - LIMITATION OF FINANCIAL COMMITMENT The Board shall establish the fiscal year for the Authority and shall, prior to the commencement of each fiscal year, adopt an annual budget. The budget may additionally carry funds for future fiscal years where necessary to reflect obligations under state or federal funding agreements, to the extent allowable by California law. The representatives expenditures beyond one legislative bodies of the be required to expend any operations of the Board. be funded from revenues appropriate revenue sour( contribution to the agency shall not obligate the Authority to year without express approval of 'the member agencies. No member Agency shall of its general fund monies to support the The operation of the transit system shall derived from operations and any other :es. Each member shall make an annual for funding the adopted budget. The formulas for funding the operation of the existing bus lines are as follows: Morro Bay Route (Route 7) The formula for funding the operation of this route will consider population of the area served and daily passenger miles departing from the members jurisdiction. Sixty -five percent of the operating costs will be funded according to population, the remaining thirty -five percent according to passenger miles. The populations of the Cities of Morro Bay and San Luis Obispo shall include the populations within their respective incorporated areas. Each local agency's funding share shall be based upon the amount that the member's population bears to the total population of all the members. For this route the service area of the County of San Luis Obispo includes the populations of the students housed at California Polytechnic State University, the California Mens Colony, Los Osos, Cayucos, Cambria and the Estero Rural area. Population figures for the California Mens Colony and the Cal Poly residents shall be provided by the respective institutions. M 0_&6 6 The passenger -miles information shall be based upon an annual on -board survey taken in the month of January. The survey will be of a one day duration. The main purpose of the survey is to determine the rider's place of residence and trip length. Cuesta - CMC Route (Route 8): One third the total cost of operating this route shall be paid by each of the following agencies. City of San Luis Obispo, County of San Luis Obispo and San Luis Obispo County Community College District. Atascadero - (Route 9): One third the total cost of operating this route shall be paid by each of the following agencies: Cities of San Luis Obispo and Atascadero and the County of San Luis Obispo. Any population percentages utililized shall be based annually on figures prepared from SB 90 estimates of the State Department of Finance. SECTION 2: EXPENDITURES. The Board 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 the Board or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Board may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not a 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 the Board. 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 Auditor of this Authority, likewise pursuant to Government Code Section 6505.5, with the powers and duties set forth therein. SECTION 4: ANNUAL AUDIT. The Board shall cause an annual audit to be prepared and filed in accordance with Government Code Section 6505 and Public Utilities Section 99245 unless provided by the Area Coordinating Council. R 6�--7 SECTION 5: PERIODIC REPORTS. The Board may require periodic reporting of ridership,, finances or other pertinent information. It shall be the responsibility of the contractor and administrator to provide such reports in a form acceptable to the Board. SECTION 6: OFFICIAL BONDS. The Administrator and such other employees or agents as the Board may. direct shall file an official bond in an amount to be determined by the Board. The cost of said bond(s) shall be borne by the Authority. ARTICLE IV MISCELLANEOUS PROVISIONS SECTION 1: WITHDRAWAL OF MEMBERS. Any member of this Board may withdraw at any time after written notice to the Board. If the Board has contractual obligations to continue operation of a public transit system at the time of withdrawal of any member agency, the remaining member agencies may impose such conditions upon the withdrawing member agency as may be reasonable, including future financial support to meet the contractual obligations of the Board at the time of withdrawal. The obligations of the withdrawing member agency shall not extend to the general funds of the withdrawing member. SECTION 2: AMENDMENT OF AGREEMENT. This Agreement may be amended at any time with the approval of all the legislative bodies of the member agencies. SECTION 3: RATIFICATION- EFFECTIVE DATE. This Agreement shall become effective upon ratification by all member agencies. This Agreement shall be dated and shall be effective upon the last date ratified by a member agency. SECTION 4: ASSIGNABILITY. In the event it is deemed in the best public interest to have the public transportation system operated by another individual or entity, whether public or private, and provided that the operation complies with State and Federal law, the Board may sell, lease, or assign all of its real and personal property and may assign operations upon such terms and conditions as the Board determines to be reasonable. osa n SECTION 5: TERMINATION. This Agreement shall continue in full force and effect unti. cancelled by a majority of the member agencies. SECTION 6: NOTIFICATION TO SECRETARY OF STATE. Pursuant to Government Code Section 6503.5, the Board 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 this Agreement. Until such filing is completed, the Board shall not issue any bonds or incur indebtedness of any kind. 7 0-6:J M IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the_ day of , 19877 which is the last date of signing by a member. SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT By: Chairperson, Board of Trustees Date Signed: COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By: Mayor Date Signed: CITY OF MORRO BAY By Mayor Date Signed: CITY OF ATASCADERO By: By: Chairman of the Board of Mayor Supervisors Authorized by Board Action on 1987. Date Signed: APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: wbio-z�� Deputy County C sel Dated: V7 Co. Eng. JW /nt 0150x 0056x 0 Date Signed: C' saa [ 1 r >.t� ^to • 9 co Let n 1� r• [ d.7 �� . I 'C� .'r• ��a yam. : ;"'- � ..r.; o Al P J !Vo ......!!!3�"3i ..s'.f zapti• .,_.,•�•'�,�i1�['�7M['171�`7�1- V= ra:.: r�: �;- d:..:'r?ri..r- e�::..;,�.':.� _...,. _ _ - ....•:._;.,:... COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93408 • (805) 549 -5252 GEORGE C. PROTOPAPAS County Engineer CUNTON AULNE DEPUTY COUNTY ENGMEER GUY PREWITT SPECIAL DISTRICTS ADMINISTRATOR November 19, 1987 John Dunn, City Administrator City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Dear Mr. Dunn: COUNTY ENGINEERING DEPARTMENT ROADS TRANSPORTATION FLOOD CONTROL WATER CONSERVATION COUNTY SURVEYOR SPECIAL DISTRICTS Attached is the completed rewritten Joint Powers Agreement for North Coastal Transit. This agreement terminates the Joint Powers Agreement - North Coastal Transit and establishes the Central Coast Regional Transit Authority. The submittal incorporates suggestions made by the various agencies in a draft reviewed by each of the agencies. The Office of County Counsel for the County of San Luis Obispo has made several changes. They have approved the agreement. In addition to the name change, the Joint Powers Agreement admits the City of Atascadero to the Authority. The other highlight was to remove the questionable paragraph at the end of Section 1 in Article IV. This paragraph referred to executing contracts involving expenditures which exceeded 12 months without prior written approval of a majority of the participating agencies. Your city is requested to execute the enclosed document at its earliest convenience. Please return the signed agreement. A'fully executed copy will be returned for your files. Sincerely, GEORGE C. PROTOPAPAS Coun Engine 0 WALL0 Transportation Planning and Traffic Engineer JW /RR /nt Enclosure 0818x O s- /z