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HomeMy WebLinkAboutResolution 1998-037 RESOLUTION NO. 1998-037 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY WHEREAS, the San Luis Obispo Regional Transit Authority was created by a Joint Powers agreement between the Cities and County of San Luis Obispo; and WHEREAS, any amendments require ratification by member agencies; and WHEREAS, the San Luis Obispo Regional Transit Authority Board on September 2"a approved minor clean-up and clarifying amendments for ratification by member agencies; NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of Atascadero does hereby ratify the San Luis Obispo Regional Transit 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 Luis Obispo Regional Transit Authority. On motion by Council Member Johnson, and seconded by Council Member Clay, the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden NOES: None ABSENT: None ADOPTED: October 13, 1998 ATTEST: CITY OF AT SCA E i MARCIA M. TORGERSO HAROLD C RDE&, I City Clerk Mayor APPROVED AS TO FORM: RO A. HANLEY Ci Attorney SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT .WITNESSETH: This Agreement is made and entered into this 9'" day of March, 9990, and amended on , 1998, by and among the incorporateu 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 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 SLORTA. ARTICLE II Organization. Section 1. Board Members: The membership of the SLORTA 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 Meetings - Voting - Quorum: Regular meetings shall be generally held SLORTA JPA 1 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 SLORTA 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 the Transit' Authority. Section 4. Manager: The SLORTA Board shall designate a Regional Transit Manager to operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated powers to certify documents of the SLORTA Board as required by the law and to assume 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 San Luis Obispo presently or in-the future, are declared eligible for membership. 2. Membership shall be contingent upon the execution of this Joint Powers Agreement. I 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 SLORTA 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 SLORTA Board members representing the affected jurisdictions. Section 7. Committees: 1. Committees and subcommittees may be established as SLORTA may deem appropriate. 2. 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 President may appoint any individual deemed.qualified to serve 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. b. 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 Transit Manager and SLORTA on: draft agendas, personnel issues, budget and Overall Work Program; - controversial, sensitive and major policy issues; 'and shall facilitate the annual performance evaluation of the Regional Transit Manager. Items for review shall be.selected by ___ SLORTA IPA the Transit Manager 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. 4. No committee shall commit SLORTA on any matter or questions of policy. Such matters or questions can only.be decided by SLORTA. 5. All committees shall receive clerical assistance from -SLORTA staff and, by agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Transit Manager 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 SLORTA and the Transit Manager. 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 SLOCOG. Accounting practices to be applied will conform with those used by San Luis 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. The budget may additionally carry funds for future fiscal years where necessary to develop a multi-year Capital Improvement Program and to reflect obligations under state of 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 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, grants, and any other appropriate revenue sources. Each member agency 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. 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; 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. SLORTA JPA 3 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. Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an annual report of the operations to the Transit Authority, SLOCOG'. 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 accordance with the terms and conditions of said financial assistance. Section 2 Transit Authority is a Public, 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 obligations created 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. SLORTA IPA 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 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. 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 11, may sell, 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. Until such filings are completed, the Transit Authority shall not incur indebtedness of any kind. SIARTA JPA 5 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATAS E ry By: ,. Date: C) Mayor R Resolution No. Clerk CITY OF GROVER BEACH ' By; Date Mayor Resolution No. Clerk CITY OF MORRO BAY By; Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By; Date: Mayor Resolution No. Clerk Ci ORTA TPA'. 6 CITY OF PISMO BEACH By: Date: Mayor Resolution No. Clerk.' CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chair Resolution No. APPROVED AS TO FORM AND LEGAL EFFECT: JAC CRAWFORD Legal Counsel By: Legal Counsel Dated: Adopted by SLORTA . 1998 SLORTA JPA 7