HomeMy WebLinkAbout1/21/2015 - STAFF REPORTS - 2.I. 4pALMSA9
iy
c
v a
C �I F O, City Council Staff Report
,p RN�P
DATE: January 21, 2015 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. 1281 THE
JOINT POWERS AGREEMENT FOR SUNLINE TRANSIT AGENCY TO
DELETE THE "WEIGHTED VOTING" PROVISIONS.
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk
SUMMARY
The City Council will consider an amendment to the current Joint Powers Agreement for
Sunline Transit Agency to delete "weighted voting."
RECOMMENDATION:
1. Approve Amendment No. 3 to Agreement No. 1281 the Sunline Joint Powers
Agreement with the County of Riverside and the cities of the Coachella Valley.
2. Authorize the City Manager to execute Amendment No. 3 to Agreement on
behalf of the City of Palm Springs.
STAFF ANALYSIS:
In May 1977, the County of Riverside and cities of the Coachella Valley entered into the
subject JPA in order to collectively provide for a public transportation system. Since
that time, the JPA has been amended twice in 1991 in order to incorporate provisions
for the regulation of taxicabs as they relate to an overall public transportation system
locally.
The Sunline Transit Agency Board recommended its member agencies approve the
Third Amendment to the JPA. Its purpose is to delete "weighted voting" from the
original agreement, and this deletion is recommended because it is no longer possible
to calculate each member agency's weighted vote.
Weighted voting, as contain in the Agreement, allocated votes to each of Sunline's
member agencies based upon each agency's "number of annual transit service hours
requested by that respective agency as reflected by the Sunline budget for the fiscal
ITEM NO.
City Council Staff Report
January 21, 2015-- Page 2
JPA Sunline Transit Agency
year." Weighted voting entitled each Boardmember to vote one vote for each annual
transit service hour for the agency the member represents.
Transit service, however, is not provided based upon requests for service hours by
member agencies. Moreover, transit service in the Coachella Valley is neither allocated
nor accounted for based upon service hours in any particular jurisdiction. As such, it is
consequently impossible to calculate any agency's "weighted vote" as provided for in
the Agreement.
The Board of Directors therefore has recommended the Joint Powers Agreement be
amended to eliminate the anachronism of "weighted voting;" as currently in practice,
each Sunline member has one vote. Councilmember Hutcheson is the City of Palm
Springs Representative to Sunline, and voted in support of the amendment.
The County of Riverside, the City of Coachella, Indio, La Quinta, Indian Wells, Palm
Desert, Rancho Mirage and Desert Hot Springs have approved Amendment No. 3 to the
Sunline Joint Powers Agreement.
FISCAL IMPACT:
There is no fiscal impact to the City by approving the subject Third Amendment to the
Sunline Joint Powers Transportation Agreement.
MES THOMPSON DAVID H. READY
Chief of Staff/City Clerk City Manager
Attachments:
Letter from Sunline Transit Agency
Third Amendment
02
9[ At91APY T 619 mEA16ERSr Desert H" Spnngx M, S"", U'hedrpl Cr Rnncho Alre,
pnlm Desert Indian MV01 La Qdnro Irdia Concbello Riverside Coumy
APubli<A ency
February 15, 2013
James Thompson, City Clerk
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92264
Dear Mr. Thompson,
On January 23, 2013, the SunLine Transit Agency Board of Directors recommended
that its member agencies approve the Third Amendment (the "Third Amendment") to the
SunLine Joint Powers Transportation Agency Agreement (the "Agreement") attached to
this letter. The purpose of the Third Amendment is to delete "weighted voting" from
Sections 3(G) and 3(H) of the Agreement. This deletion is recommended because it is
no longer possible to calculate each member agency's weighted vote.
Weighted voting, as contained in the Agreement, allocates votes to each of Sunt-ine's
member agencies based upon each agency's "number of annual transit service hours
requested by that respective party as reflected by the SunLine budget for the then
current fiscal year." Weighted voting entitles each Board member to vote one vote for
each annual transit service hour budgeted for the party which the member represents."
(Agreement, Section 3(G).) Transit service, however, is not provided based upon
requests for service hours by member agencies. Moreover, transit service in the Valley
is neither allocated nor accounted for based upon service hours in any particular
jurisdiction. It is consequently impossible to calculate any member's "weighted vote" as
provided for in the Agreement. The Board of Directors therefore has recommended that
the Agreement be amended to eliminate the anachronism of"weighted voting."
The Board of Directors of SunLine Transit Agency has requested that each member
agency agendize the Board's recommendation that the member agency adopt the Third
Amendment to the Agreement at an upcoming agency meeting.
Please contact me upon approval of the Amendment. I will then arrange to obtain the
Mayor's signature on our original document.
Should you have any questions concerning this matter, please do not hesitate to contact
General Counsel for SunLine Transit Agency, Jeff Goldfarb, at (714) 641-3488.
Zr
ely, a�
olyn Ru
Clerk of the oard
32505 Harry Oliver Trail,Thousand Palms,Cohlornia 32276 Phone760-343-3456 Fox 760-343-3845 vww,50nllne-01g 03
THIRD AMENDMENT TO
SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT
THIS THIRD AMENDMENT TO SUNLINE JOINT POWERS TRANSPOR-
TATION AGENCY AGREEMENT (the "Third Amendment") is made and entered into by and
between the COUNTY OF RIVERSIDE, the CITY OF COACHELLA, the CITY OF INDIO, the
CITY OF LA QUINTA, the CITY OF INDIAN WELLS, the CITY OF PALM DESERT, the
CITY OF RANCHO MIRAGE, the CITY OF PALM SPRINGS, the CITY OF CATHEDRAL
CITY, and the CITY OF DESERT HOT SPRINGS (collectively, the "Parties"), and any other
public agencies which subsequently become Parties to the Agreement. This Third Amendment is
made and entered into on the date last executed by the Parties hereto.
RECITALS:
A. The SunLine Joint Powers Transportation Agency Agreement (the "Ageement")
was made and entered into on or about May 20, 1977.
B. The First Amendment to the Agreement (the "First Amendment") was made and
entered into by and between the Parties in June 1991.
C. The Second Amendment to the Agreement (the "Second Amendment") was made
and entered into by and between the Parties in or about October 1991.
D. When originally enacted, the Agreement provided a mechanism whereby a
SunLine Transportation Agency Board Member (a `Board Member") could require "weighted
voting" for any item coming before the Board. Such weighted voting was based upon "the
number of annual transit service hours requested by each party to the agreement as reflected by
the SunLine budget for the then current fiscal year."
261/024041-0002
0 �
4779509.1 a01/11/13
E. Subsequent to the adoption of the JPA, the mechanism for establishing transit
service through each member agencies' various jurisdictions has changed such that the Parties no
longer request annual transit service hours. As a consequence, weighted voting as provided for
in the Agreement is no longer viable.
F. The Parties therefore desire to enter into this Third Amendment to eliminate all
references to weighted voting.
NOW THEREFORE, the Parties hereto, for and in consideration of the mutual promises
and covenants contained herein, HEREBY AGREE AS FOLLOWS:
AGREEMENT:
SECTION 1: Section 3G "VOTING" is hereby amended to read in its entirety as
follows: "Each member of the Board shall have one vote."
SECTION 2: Section 3H "QUORUM, MAJORITY VOTE" is hereby amended to read
in its entirety as follows:
"(1) Quorum: The number of members sufficient to constitute a quorum shall
be fifty percent (50%) of the total number of Parties to SunLine plus one (rounded
to the nearest whole number). The Board may take no official action in any
instance where less than a quorum is present.
(2) Majority Vote:
(a) Adoption of by-laws, amendment of by-laws, adoption of annual
budget, and such other matters as the Board may designate shall require a
majority vote of the entire membership of the Board.
(b) All other actions taken by the board shall require a majority vote of
the quorum in attendance.
05
2611024041-0002
4779509.1 a01/11/13 -2-
(c) An abstention shall be considered neither an affirmative nor a
negative vote, but the presence of the member abstaining shall be counted in
determining whether or not there is a quorum in attendance. All other actions
taken by the Board shall require a majority vote of the quorum in attendance.
SECTION 3: Except as so expressly amended, the JPA, as modified by the First and
Second Amendments, shall remain in full force and effect as executed by the Parties thereto.
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF
RIVERSIDE, and the City Councils of the cities of COACHELLA, INDIO, LA QUINTA,
INDIAN WELLS, PALM DESERT, RANCHO MIRAGE, PALM SPRINGS, CATHEDRAL
CITY, and DESERT HOT SPRINGS have each authorized execution of this Third Amendment
as evidenced by the authorized signatures below.
COUNTY OF RIVERSIDE
By:
President, Board of Supervisors
ATTEST:
By:
County Clerk, County of Riverside
APPROVED AS TO FORM:
By:
County Counsel, County of Riverside
CITY OF COACHELLA
By:
06
161/024041-0002
47795091 a01/11/13 -3-
Mayor
ATTEST:
By:
City Clerk, City of Coachella
APPROVED AS TO FORM:
By:
City Attorney, City of Coachella
CITY OF INDIO
By:
Mayor
ATTEST:
By:
City Clerk, City of Indio
APPROVED AS TO FORM:
By:
City Attorney, City of Indio
CITY OF LA QUINTA
By:
Mayor
ATTEST:
By:
City Clerk, City of La Quinta
APPROVED AS TO FORM:
By:
City Attorney, City of La Quinta
CITY OF INDIAN WELLS
By:
07
261/024041-0002
4779509.1 a01/11/13 -4-
Mayor
ATTEST:
By:
City Clerk, City of Indian Wells
APPROVED AS TO FORM:
By:
City Attorney, City of Indian Wells
CITY OF PALM DESERT
By:
Mayor
ATTEST:
By:
City Clerk, City of Palm Desert
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Desert
CITY OF RANCHO MIRAGE
By:
Mayor
ATTEST:
By:
City Clerk, City of Rancho Mirage
APPROVED AS TO FORM:
By:
City Attorney, City of Rancho Mirage
CITY OF PALM SPRINGS
By:
08
261/024041-0002
4779509.t a01/11/13 -5-
Mayor
ATTEST:
By:
City Clerk, City of Palm Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Springs
CITY OF CATHEDRAL CITY
By:
Mayor
ATTEST:
By:
City Clerk, City of Cathedral City
APPROVED AS TO FORM:
By:
City Attorney, City of Cathedral City
CITY OF DESERT HOT SPRINGS
By:
Mayor
ATTEST:
By:
City Clerk, City of Desert Hot Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Desert Hot Springs
261/024041-0002 O
4779509.1 a01/11/13 -6-