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HomeMy WebLinkAbout12453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 ,/-- L 27 28 RESOLUTION NO. / .:7,,"S$ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF COLTON. FONTANA. LOMA LINDA. REDLANDS. RIALTO AND SAN BERNARDINO. CREATING THE EAST VALLEY TRANSIT SERVICE AUTHORITY BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said Ci~ a Joint Powers Agreement between the County of San Bernardino and the cities of Colton. Fontana. Lorna Linda. Redlands. Rialto and San Bernardino. creating the East Valley Transit Service Authority. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof. held on the ~/-!:f: day of . 1976. by the following vote to wit: ;2~~~~~~...2J NAYS: ~~~/ ABSENT: /f--nD ./ . 1976. FILED Jui~ 2'~ 1976 LUCILLE GOFORTH, City Ciani Ah .1'J.EL~""urr ..:/"J. _ y , .. JOINI' ro'IERS AGREEMENT BE'IWEEN THE COUNl'Y OF SAN BERNARDIID AND THE CITIES OF COLTON, FCNrANA, UMA LINDA, REDLIINDS, RIJ.\LTO AND SAN BERNARDIID, CREATING THE EAST VALLEY TRANSIT SERVICE AUTHORITY THIS 1\GREEMENl', dated , 1976, by and between the COUNl'Y OF SAN BERNARDrno, hereinafter SOIreti.mes called "COunty," and the Cities of COlton, Fontana, !ana Lirrla, Redlands, Rialto and Sail Bernal:di.no, all of which are bodies politic in the STATE OF CALIFURNIA, hereinafter SOIreti.mes called "Cities"; WIT N E SSE T H: WHEREAS, the COunty of San Bernal:dino and the Cities of COlton, Fontana, !ana Linda, Redlands, Rialto and San Bernal:dino have a mutual interest in deciding upon and iItplementing a public transit system to serve the East Valley and to provide connecting service to all other areas; and WHEREAS, the organizational plan of San Bernal:dino Associated GoVernIl8lts, of which said San BemaJ:dino COunty entities are members, provides for the fo:cna- tion of Il'ransit Service Authorities to make transit service decisions for sub- county areas; and WHEREAS, a single valley-wide operator has been created by the name of a1NITRANS to provide transit services in accordance with the decisions of the sub-county areas; and WHEREAS, the parties to this agreement fin:l it in their mutual interests to provide for authority to study, e:xplore and contract for a public transit system which best serves the East Valley within the fraIllE!WOrk of the existing and pro- posed transit systems adjacent thereto; NCW, THEREFORE, the COunty and Cities above mentioned, for and in considera- tion of the mutual pranises and agreements herein contained, do agree as follows: . .' SEX:TION 1. Purpose . This Agreemant is made pursuant to the provisions of Article 1, Chapter 5 , Division 7, Title 1 of the Government Code of the State of California, ccmrencing with Section 6500, hereinafter called "Act" relating to the joint exercise of powers ccmron to public agencies. The Cities and County above rren- tioned each possess the powers referred to in the Recitals hereof. The pw:pose of this Agreanent is to stuiy, iItplerrent and contract for a public transit system which will best serve the East Valley and the territories iImediately adjacent to the territory covered by the East Valley. SEX:TICN 2. Tenn. This Agreanent shall becare effective as of the date hereof and shall continue in full force and effect for a period of one (1) year fran the date hereof, during which ti.ne all of the parties shall remain a part of the Autrority and shall not tenninate their m=mbership therefran. The Agreemant shall be ex- tended thereafter on a year to year basis until it is teJ:minated in the nanner set forth herein. After expiration of the initial one year ter:m, any party may teJ:mi.nate their rrembership by following the procedures set forth hereinafter. SEX:TION 3. Authority. A. Creation of Authority. Pursuant to Section 6506 of the Government Code there is hereby =eated a public entity to be known as "East Valley Transit Service Authority," hereinafter called "EVTSA," and said Authority shall be a public entity separate and apart fran the Cities and County which are parties to this Agreement. B. Governing Board. The Authority shall be administered by a governing board of ten (10) m=mbers wID shall serve without c::arpmsation. The governing board shall consist of one mayor or council rrember from each city and the four (4) Supervisors -2- . .' who represent Districts 2, 3, 4, and 5 of the Connty. Such governing board shall be called the "Governing Board of the East Valley Transit Service Authority." Each nember shall be entitled to one vote. All actions of the Governing Board shall be by majority vote; provided that upon the call of any board nember, the vote of each nember shall be weighted and shall be given the value and effect equal to the proportion that the current annual contribution from the respective nember agencies bears to the current total budget of the EVI'SA; and provided. further that the weighted votes of the Connty representatives shall total no rrore than if the Connty were to cast a single weighted vote; and provided further, the canbined weighted vote (s) of any rrember agency shall not, of itself, be given the value or effect of a majority vote. A weighted vote may not be split by any board nemberi however, the total weighted vote based upon the Connty's contribution shall be equally apportioned anong the Connty representatives present. Each party to this Agreement shall appoint an alternate nember who may be a nember of the staff of the governmental entity and who shall be entitled to vote at any duly authorized rreeting in the absence of the nember frcm the legis- lative body. The County, in the case of the alternate menber, may appoint four (4) alternate nembers. c. Meetings of Governing Board. (1) Regular Meetings. The Governing Board of the Authority shall provide for its regular rreetingsi provided, however, that it shall mld at least one (1) regular rreeting each year. The date, hour, and place of the mlding of the regular rreetings shall be fixed by minute action of the Governing l3oard, and a copy of such action shall be filed with each party hereto. -3- (2) Ralph M. Brown Act. All meetings of the Governing Board of the Authority, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held an:'! comucted in accordance with the provisions of the Ralph l1. Brown Act (cOlll!6lcing with Section 54950 of the Government Code). (3) Minutes. The secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, and special meetings of the Governing Board and shall, as scon as possible after each meeting, cause a =py of the minutes to be forwarded to each ll1e!lIber of the Governing Board. (4) Quorum. A majority of the Governing Board of the Authority shall constitute a quorum for the transaction of business; provided that the affirma- tive vote of at least six (6) nerrU:Jers of the Governing Board shall be required for the approval of any matter. D. Officers. The Board shall select a chainnan, a vice-clJainnan, an:'! a secre- tary. The secretary may, but need not be, a nerrU:Jer of the Governing Board. The Treasurer of the Authority shall be the Treasurer of the City of San Bernardino. The Comptroller of the Authority will be the Finance Director of the City of San Bernardino. The Attorney for the Authority shall be appointed by the Governing Board. The Governing Board shall have the power to appoint an:'! arploy such other officers, arployees, consultants, advisors an:'! irrleperrlent contractors as it may deem necessary. SEX::TION 4. Powers. The Authority shall have the powers comron to the Cities an:'! County as set forth in Section 1 of this Agreement, to-wi.t: Acquiring such infOIIllation as -4- may be necessary an:'! required for the installation of transit facilities an:'! the acquisition of transit equi];IleIlt to serve the transit needs of the members of this Agreement, the irrq:>lementation an:'! the operation of the transit system, inclu:ling letting contracts to :inplement the transit plan or the operation thereof. The Authority is hereby authorized, in its own narre, to do all acts necessary for the exercise of such COllIl'On ~er for such purposes, including but oot limited to any of the following: to make and enter into contracts and leases; to employ agents and enployees; to acquire, develop, maintain, and operate the facilities for a transit system to serve the members of this Agreement an:'! their citizens; to hold or dispose of property; to incur debt, liabilities, or obligations, an:'! have the power to sue an:'! to be sued in its own narre. Such powers shall be exercised in the manner provided in the 1\ct, and, except as ex- pressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are inposed upon the City of San Bernardino in the exercise of similar powers. Notwithstarxling the generality of the foregoing, the Authority shall have no power to bi.n:1 any of the Cities or the County to any nonetary obligation whatsoever other than those expressly authorized by the IlIUtual consent of all member Cities an:'! County. SECTION 5. Parties' Liability. Each party to this Agreement, whether individually or oollective1y, does not assurre, oor shall a party be deaned to assume liability for: A. Any act of EI/TSA or for any act of EI/TSA's agents or employees; B. The payment of wages, benefits or other ccmpensation to officers, agents or employees of EI/TSA; or C. The payment of W:>rkIren's O::iIpensation or i.n:1eImity to agents or employees of EI/TSA for injury or illness ciris:in;/ out of the perfo:mance of this Agreement. -5- SECI'IOO 6. Financing -Fiscal Year. For the purposes of this Agree'nent, the teJ:m "fiscal year" shall nean the fiscal year as established fran tirre to tine by the cities, being, at the date of this Agreenent, the period fran July 1st to and including the following June 30th. AmlUal Financial SUPJ:Xlrt. Prior to JanUaJ:y 1st of each year, any party shall have the right to request a change in their level of service for the next fiscal year and shall sul:rnit such request to the Board in writing. However, change requests may be made at a later date provided the operational capacity exists and such change is approved by the Governing Board of the EVTSA. At the tirre of preparing the E\lTSA annual proposed budget, the Board shall deter- mine the arrount of financial suPJ:Xlrt required by EVTSA for the ensuing fiscal year. The support required for the annual budget shall be apportioned arrong the parties hereto, on the basis of an equitable fonnula to be established by the Board . A proposed budget shall be sul:mitted to each party to this Agree- Rent for their consideration and cc:mrent prior to final adoption of the E\lTSA budget. Following the adoption of the E\lTSA budget, the Board shall infom the legislative body of each party of the Board's detemination of financial support required for the fiscal year and the carputation of the parties I propor- tional share. SECI'IOO 7. Provision of Transit Service. On the date it initiates transportation service through afiITRANS, E\lTSA shall exercise the ccmron power of the parties by contracting for a public trans- portation service connecting, as well as within, the corporate limits of the parties and the unincorporated areas served. It is desired that afiITRANS provide a -6- standardized system of fares and a uniform system of transfers, provided, however, that changes in fares be established only following notice and copies of exhibits to t:m governing bodies of the parties at least thirty (30) days prior to the proposed change. It is desired that changes in routes, types, and levels of service only be made upon direction of the EVTSA Governing Board Subject to con- currence by affected entities. In the perfo:rmance of its function, EllTSA shall establish and. maintain close liaison with CMNITRAN5, SANB1\G, and with other re- gional, state, and federal advisory and regulatory bodies. SECl'ION 8. Conptroller . The Conptroller shall issue checks or fun:i transfers to pay demands against EllTSA which have been approved by the Board. He shall be responsible on his official borx'l for his approval for the disbursement of EVTSA rroney. The Canptroller shall keep and maintain records and books of account on the basis of the uniform classification of accounts adopted by the State Con- troller. The books of account shall include records of assets, liabilities, and of contributions made by each party. SECl'ION 9. Termination - Witirlrawal of Party. Upon expiration of the first three-year term of this Agreaoont, a party may witirlraw fran this Agrearent as of the first day of July of any year following six nonths I notice to the other parties by resolution of intent to witirlraw adopted by the legislative body of the party. SECl'ION 10. Wirx'ling Up. If this Agreaoont is terminated, any property and equirmmt owned by EllTSA shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the parties' accumulated capital "contribution accounts as shown in the Canptroller's books of account. Cash may be accepted in lieu of property or equipnent. -7- . , If the parties cannot agree as to the valuation of the property or to the manner of its distribution, the distribution or valuation shall be made by a panel of three (3) referees. One referee shall be selected and appointed by the City representatives on the Board and one referee shall be selected and ap- pointed by the Board of Supervisors of the County of San Bernardino, and the two referees shall appoint a neutral third referee. This Agreenent shall not tenninate until all property has been distri- buted in accordance with this provision, and the winding up and property distri- bution hereunder shall be effected in the manner calculated to cause the least disruption of existing public transportation service. ~ION 11. By-Laws, Rules and Amendments Thereto. The Governing Board of the AutOOrity shall adopt such By-Laws as deemed necessary and may from ti.!le to tine adopt such rules and regulations for the con- duct of its rreetings and affairs as may be re:}Uired. Any By--Laws, rules and regulations adopted by the Cbverning Board may be amended at any ti.!le by a majority vote of the Governing Board. ~ION 12. <J.lNITRANS Relationship. This Agreenent recognizes the operational role of a.lNITRANS as the valleywide transit operator through whom the various Transit Service Authorities contract for desired service. It is understood that the EVTSA desires to reserve the right to determine and/or approve all routes and route changes, service fre- quencies, and hours of operation, as provided in Section 7 for the. desired service. It is further understood that it is desired that <J.lNITRANS provide staff assis- tance as needed. ~ION 13. SI\NB1\G Relationship. This Agrearent recognizes the subregional transportation planning role of SI\NB1\G and the Authority's position within the Sl\NBI\G organizational plan as -8- approve:i within Arrerx'lrrent No. 2 of the SANBI\.G Joint Powers Agreement. It is understood that the EVTSA desires that SANBI\.G provide staff assistance as neede:i. SEX::TICN 14. Successors. This Agreenent shall be binding upon and shall inure to the benefit of the successors of the parties. IN WITNESS WHEREOF, the parties hereto have cause:i this Agreement to be execute:i and atteste:i to by their proper officers thereunto duly authorize:i, and their official seals to be hereto affixed, as of the day and year first above written. roUNTY OF SAN BEmARDINO Date:i : ATI'EST : Cha:iJ:man, Board of Supervisors Clerk, Boal:d of Supervisors CITY OF COLTCN Date:i: ATI'EST : City Clerk Mayor CITY OF FONTANA Date:i : ATI'EST: Mayor City Clerk CITY OF LCI1A LINDA Date:i : ATl'EST : Mayor City Clerk -9- - , Dated: A'ITEST: City Clerk Dated: ATl'EST . City Clerk Dated : ATl'EST : City Clerk CITY OF REDIl'INDS Mayor CITY OF RIAI1ID Mayor CITY OF SAN BERNARDINO Mayor -10- SAN BERNARDINO TRANSIT SYSTEM (i) OlRnltRans 183 SOUTH "G" SAN BERNARDINO, CA. 92410 (714) 383-5284 PAUL G. MARSH GENERAL MANAGER June 8, 1976 Mrs. Lucille Goforth City Clerk City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Dear Lucille: Re: East Valley Transit Service Authority Joint Powers Agreement At today's meeting of the San Bernardino Transit System Board of Directors, the East Valley Transit Service Authority Joint Powers Agreement between the County of San Bernardino and the cities of Colton, Fontana, Lorna Linda, Redlands, Rialto and San Bernardino, was unanimously approved. In order to effectuate an orderly transition of SBTS to the East Valley Transit Service Authority by July 1st, I respectfully request that the Mayor and City Council take formal action to approve the Joint Powers Agreement at their next regular Council meeting. The 0 . . r and a copy is enc ose or your 1n ormat10n. s soon as eac mem er entity has given its formal approval, the original Agreement will be circulated to each respective body for signing. Thank you for your cooperation in expediting the approval and execution of the East Valley Transit Service Authority Joint Powers greement. Sincerely, W. R. ' ob" olcomb, Chairman San Be nard'no Transit System Board of Dir ctors WRH:k Enclosure cc: Marshall Julian, City Administrator Paul Marsh, SBTS/OMNITRANS General Manager #7. BOARD OF 01 RECTORS: MAYOR W. R. "BOS" HOLCOMB CHAIRMAN SAN BERNARDINO MAYOR VERNON A. CRAIG Cllll Tn MAYOR JACK B. CUMMINGS REDLANDS MAYOR ALBERT A. HUNTOON eOL TON MAYOR FRANK HORZEN MAYOR KENT W. DICKINSON l:"^"',^"',,,