HomeMy WebLinkAbout02/06/1990, C-5 - REGIONAL TRANSIT JOINT POWERS AGREEMENT __ MEE711�I,G,.pATE:
1UF. J City Of San ILaS OBISPO -IIIINGs L/�bo���7vv
COUNCIL AGENDA REPORT ITEM
NUMBER:
FROM: �eKen Hampian, Assistant City Administrative Officer
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SUBJECT: Regional Transit Joint Powers Agreement
CAO RECOMMENDATION:
By motion, authorize the Mayor to execute an agreement to create a Joint Powers
Agency to provide regional transit services, to be known as the San Luis Obispo Regional
Transit Authority (SLORTA).
DISCUSSION:
On May 10, 1989, the San Luis Obispo Area Coordinating Council (SLOACC) voted to
consolidate several independent transit services into a single regional transit system. This
action combined RUNABOUT, three routes operated by the Central Coast Regional
Transit Authority, the San Luis Obispo to South County Area Transit route, and the two
regional routes within San Luis Obispo County Area Transit. On December 5, 1989,
-- the fixed route portion of the regional system (non-RUNABOUT), was awarded by
SLORTA to Santa Barbara Transportation. On January 10, 1990, the SLORTA bus
system was officially named "Central Coast Area Transit" (COAT). The composition of
the SLORTA Board is the same as SLOACC, with Councurnember Rappa serving as the
City's representative.
Although steps have already been taken to implement the regional system, execution of
the attached Joint Powers Agreement by the member agencies is necessary to formally
establish the San Luis Obispo Regional Transit Authority. Member agencies include San
Luis Obispo County and all cities within the County. The execution of this agreement
by the City does not change the independent status of the City's transit system.
However, the feasibility and desirability of a totally integrated regional system is
something that will be evaluated by SLORTA and the City in the coming years.
FISCAL IMPACT:
The City's contribution to the regional transit system is based on a formula, and is
$138,590 for Fiscal Year 1989-90. The source of funds is through the Transportation
Development Act (TDA). The action to enter into a joint powers agreement to
consolidate the system will have no impact on the City's existing level of support for
regional trankit services.
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COUNCIL AGENDA REPORT
Staff Report
Page Two
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ATTACHMENT
Joint Powers Agreement
APPROVED:
Ci Adminis ative O ' er
ty, t
mance Director
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REGIONAL TRANSIT JOINT POWERS AGREEMENT
This Agreement is made and entered into this day
of , 19_, by and among the incorporated cities of Arroyo
Grande, Atascadero, E1 Paso de Robles, Grover City , 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 panties, 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
Area Coordinating Council for the purpose of providing , among other
things, for a regional transportation agency ; and
WHEREAS, the San Luis Obispo •Area Coordinating Council , at a
regularly held meeting on May 10, 1989, voted to consolidate the
administration of its various transportation systems through a
regional transit jointpowers 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 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 the Transit Authority .
ARTICLE II
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Organization
Section 1 . Board of Directors: The membership of the Transit
Authority , Board of Directors, shall be the same as the membership
of the San Luis Obispo Area Coordinating Council ( hereinafter
referred to as Area Council ) .
Section 2.. Meeting - Voting - Quorum: Meetings shall be part
of the Area Council ' s regular meetings with special agenda
provisions to conduct business of the Transit Authority , or may be
through special meetings called by the President or upon written
request of at least three (3) representatives of the Transit
Authority ..
Voting and quorum provisions shall be the same as those provided
in the Area Council Joint Powers Agreement.
Section 3. Officers: The officers of the Area Council shall
serve as officers of the Transit Authority .
Section 4. Manager: The Area Council shal-1 designate a
Regional Transit Manager . to operate the Transit Authority . The
manager shall serve at the pleasure of the Council , with delegated
powers to certify documents of the Transit Authority as required
by the law and to assume such duties and . responsi bi.1ities as the
Board may direct.
Section 5. Members:
1 . Membership shall be the same as the San Luis Obispo Area
Coordinating Council .
2. 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.
3. Membership shall be contingent upon the execution of this
Joint Powers Agreement.
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 Transit Authority . Any
additional services beyond the level recommended by the Regional
Transportation Plan 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
Transit Authority members representing the affected jurisdictions.
ARTICLE III
Financial Provisions
Section 1 . Budget: The Regional Transit Manager shall
prepare an annual budget for. Transit Authority 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 the Area Council .
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Accounting practices to be applied will conform with those used by
San Lui% Obispo County , consistent with Transportation Development `
Act rules and regulations.
A Consolidated Fund balance and 'cash balance will carry forward
from one year to the next. Adjustments will be made to
Transportation Development Act claims the following year to adjust
for variances between budgeted and actual costs and revenues per
transit route.
The budget may additionally carry funds for future fiscal years
where necessary to reflect obligations under state of federal
funding agreements, to the extent aliowable by California law.
No member Agency shall be required to expend any of its general
fund monies to support the operations of the Transit Authority .
The operation of the transit system shall be funded from revenues
derived from operations, member Transportation Development. Act fund
contributions and any other appropriate revenue sources. Each
member shall make an annual contribution to the Transit Authority
in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions
affected by that formula and ratified by the Transit. Authority .
Any population percentages utilized shall be 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: The Transit Authority 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 Transit Authority or
unless required by state or federal law. Particularly in the
purchase of equipment,_ including buses, the Transit Authority 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 the Transit Authority . 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 this Transit Authority
pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: The Transit Authority shall cause
an annual audit to be prepared and filed in accordance , with
Government Code Section 6505 and Public Utilities Code Section
99245, unless otherwise provided by the Area. Council .
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Se.Stion 5.. Annual Report: The Regional Transit Manager shall
prepare and .submit an annual report of the operations to the
Transit Authority and State Controller within 90 days of the end
of the fiscal year pursuant to Public Utilities Code,
Section 99243.
Section 6. Periodic Reporting : The Transit Authority may
require periodic reporting of ridership, finances, or other
.information . It shall be the responsibility of the Regional
Transit Manager and Contractor ( if appropriate) to provide such
reports in a form acceptable to the Transit Authority .
ARTICLE IV
Authority
Section 1 . Powers.: The Transit Authority shall have all.
Powers necessary to carry out the purpose of this Agreement, except
the power to tax . Its power to expend funds shall be limited only
by the availability of funds as set forth in ARTICLE III :
Finances, Section .1 . The Powers of the Transit Authority
specifically include, but are not limited to, the following :
a. To solicit bids and negotiate contracts from private
enterprise for services and/or operation.
b. To sue or be sued.
C. To employ agents, employees and contract for professional
services.
d. To make and enter contracts including labor and
employment contracts.
e. To acquire, convey, construct, manage, maintain and
operate necessary equipment, building and improvements.
f . To acquire and convey real and personal property .
g. To incur debts, liabilities and obligations of -financial
assistance from State and Federal agencies and to
obligate the Transit Authority to operate the
improvements, equipment or transportation system in
F accordance with the terms and conditions of said .
financial assistance.
Section 2. Transit Authority is a Publ.ic9 Legal Entity : The
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
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C obligations created
g pursuant to this Agreement, shall be solely
the obligations of the Transit Authority 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 III , Section 1 . within the
service area of the obligated commitments affecting the withdrawing
member and any Area Council ' 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.
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. Assignability : In the event it is deemed in the
best public interest to have the Transit Authority 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 II , may se.11', lease or assign all of its real
and personal property and cease operations upon such terms and
conditions as the. Transit Authority determines to be reasonable.
Section 5. Termination: This Agreement shall continue in
full force and effect until rescinded by a majority of the member
agencies.
Section 6. . Notification to Secretary - of -State: Pursuant to
Government Code Section 6503.5, the Transit Authority 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. Unti.l such filings are completed, the Transit
Authoritty shall not incur indebtedness of any kind.
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IN WITNESS WHEREOF, 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 GROVER CITY
BY: DATE:
RESOLUTION N0.
CLERK
CITY OF MORRO BAY
BY: - DATE:
CLERK
RESOLUTION NO.
.
CITY OF PASO ROBLES
BY: DATE:
CLERK
RE_SO_ LUTION NO.
,
CITY OF PISMO BEACH
BY: DATE:
CLERK RESOLUTION NO.
6
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CITY OF SAN LUIS OBISPO
BY: DATE:
RESOLUTION NO.
CLERK
COUNTY OF SAN LUIS OBISPO
BY: DATE:
RESOLUTION NO.
CLERK
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By : -
Deputy County Counsel
Date:
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