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Home My WebLink AboutC00515 - 4th Amendmnt to SunLine JPTAA CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF REVISED FOURTH AMENDMENT TO THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT (CONTRACT NO. C00515). SUBMITTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR: SunLine Transit Agency Attention: Lauren Skiver, CEO/General Manager 32505 Harry Oliver Trail Thousand Palms, CA 92276 DATE: January 26, 2017 CONTENTS: • Staff Report •SunLine CEO/General Manager Lauren Skiver's Letter of December 20,2016 • REVISED - Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement • Letter and Original Fourth Amendment to the SunLine Transit Agency from the August 25, 2016, City Council Meeting Recommendation By Minute Motion, approve revised Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorize Mayor to execute same. Committee/Commission Recommendation As confirmed by SunLine CEO/General Manager Lauren Skiver, the Board authorized preparation of a REVISED Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and directed staff to circulate the proposed revised amendment to each of its member agencies for consideration and approval. Strategic Plan Objective Aligns with the Strategic Plan Transportation Objective, with vision of a community with safe, convenient, and efficient transportation options for residents and visitors. Approval of the SunLine Joint Powers Agreement Fourth Amendment provides for order and continued participation by Member Agencies' appointed representatives to the SunLine Board of Directors, sustaining stable leadership and continuity on this critical Coachella Valley public transportation resource. Background In May 1977, the County of Riverside and the incorporated cities in the Coachella Valley entered into the SunLine Joint Powers Transportation Agency Agreement in order to collectively provide a public transportation system in the Coachella Valley. Since that time, the Agreement was amended twice in the early 1990s related to taxicab regulation, and a Third Amendment was promulgated in 2013 to eliminate weighted voting. On May 25, 2016, the SunLine Transit Agency Board of Directors directed its staff to prepare a proposed Fourth Amendment to the Agreement to specify that the Board of Directors may receive Staff Report-Approval of REVISED Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement January 26, 2017 Page No. 2 compensation for their attendance at Board Meetings and Board Subcommittee Meetings. As a Joint Powers Agency that includes the County, Charter Cities, and General Law Cities, SunLine may pay compensation to its Board Members consistent with the law applicable to its member agencies. The law places no limits on compensation to Members of the Board of Supervisors and City Council Members in Charter Cities, but General Law Cities are subject to the limitations in Government Code Section 36516. A Fourth Amendment was prepared and circulated to the member agencies, but some concerns with the language caused one member City to reject the Amendment. (Palm Desert City Council considered and approved the original Fourth Amendment on August 25, 2016.) The Board reconsidered the issue and directed staff to prepare a revised version of the Fourth Amendment for consideration by member agencies. This revised Fourth Amendment is similar to the previous version in that it specifically authorizes the Board Members to receive stipends for their attendance at meetings consistent with the limitations applicable to General Law cities. The amount of such stipends will be set by resolution of the SunLine Board and will be paid out of SunLine funds. However, this version of the Fourth Amendment also includes a provision pursuant to Government Code Section 6509, which states that the power of a Joint Powers Agency, "...is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement." Since most of SunLine's members are Charter Cities, this Fourth Amendment specifically states that SunLine's powers are limited in the same manner as the Charter City Members. With respect to Board compensation, however, there is an additional provision that ensures compensation will be in line with the powers of a General Law City, and not a Charter City. Fiscal Analysis There is no direct fiscal impact to the City by approving the SunLine Joint Powers Transportation Agency Agreement Fourth Amendment. Submitted by: Reviewed: Ra helle . Klass , M , City Clerk �t M Moore, Director of Finance r- Approved: ___- \ Revie ed Lauri Aylaian, City Manager Robe rgreaves, City Attorney rd k Attachments (as noted) H IWPdataIWPOOCSIStafReportslsunline-jpa-4th amendmt-Ver2-Jan26-2017 wpd RECEI 5'üflhIflt! CITY CLERK`'SEOFF!CF TRANSIT AGENCY PALM DESERT. C A, 2011 JAW-6 ` 3: 35 December 20, 2016 City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Lauri Aylaian, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Susan Marie Weber, Mayor Re: Fourth Amendment to Sun Line Joint Powers Transportation Agency Agreement Dear Ladies: At its December 7, 2016 meeting, the Board of Directors of SunLine Transit Agency authorized the preparation of an amendment to the SunLine Joint Powers Transportation Agency Agreement ("Agreement") and directed SunLine staff to circulate the proposed amendment to each of its member agencies for consideration and approval. The purpose and background of the amendment is as follows: On May 25, 2016, the SunLine Transit Agency Board of Directors directed its staff to prepare a proposed fourth amendment to the agreement to specify that the Board of Directors may receive compensation for their attendance at Board meetings and Board subcommittee meetings. As a joint powers agency that includes the County, charter cities and general law cities, SunLine may pay compensation to its Board members consistent with the law applicable to its member agencies. The law places no limits on the compensation to members of the Board of Supervisors and City Council members in charter cities, but general law cities are subject to the limitations in Government Code section 36516. A Fourth Amendment was prepared and circulated to the member agencies, but some concerns with the language caused one-member city to reject the amendment. The Board reconsidered the issue and directed staff to prepare a revised version of the Fourth Amendment for consideration by the member agencies. This revised fourth amendment is similar to the previous version in that it specifically authorizes the Board members to receive stipends for their attendance at meetings consistent with the limitations applicable to general law cities. The amount of such stipends will be set by resolution of the SunLine Board and will be paid out of SunLine funds. However, this version of the Fourth Amendment also includes a provision pursuant to Government Code section 6509, which states that the power of a joint powers agency "is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement." Since most of SunLine's members are charter cities, this Fourth Amendment specifically states that SunLine's powers are limited in the same manner as the charter city members. With respect to Board compensation, however, there is an additional provision that ensures compensation will be in line with the powers of a general law city, and not a charter city. Enclosed you will find the proposed Fourth Amendment to the Agreement and a sample staff report for your use in the agenda packet. SunLine respectfully requests that you place the proposed Fourth Amendment on the next Council agenda, or as soon as reasonably possible, for approval. If approved, please return two executed copies of the Fourth Amendment to Diane Beebe, Special Assistant to the General Manager/Clerk of the Board, at 32-505 Harry Oliver Trail, Thousand Palms, California, 92276. Thank you for your assistance in this matter. Sincerely, .-i:::-7 aure Skiver CE General Manager SunLine Transit Agency Cc: Robert Hargreaves, City Attorney FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT This Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement ("Fourth Amendment") is 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 becomes parties to the Agreement. This Fourth Amendment is made and entered into on the date last executed by the Parties hereto. RECITALS A. SunLine Transit Agency is a joint powers agency established by the SunLine Joint Powers Transportation Agency Agreement (the "Agreement") on or about May 20, 1977. B. The first amendment to the Agreement was approved on or about June 11, 1991, and a second amendment to the Agreement was approved on or about March 31, 1992. A third amendment to the Agreement was prepared in 2013 and all necessary signatures were obtained in 2016. C. A previous version of this Fourth Amendment was prepared and circulated to the member agencies for approval earlier this year, but the Fourth Amendment was not unanimously approved by the member agencies. C. This revised Fourth Amendment amends the Agreement to include specific authority for the Board of Directors to receive compensation for attendance at Board and committee meetings consistent with State law, and ratifies previous payments made to the Board of Directors. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. 1.1 Section 2 (Authority) is amended to read as follows: "Pursuant to Section 6500 et seq., of the California Government Code there is hereby created a public entity to be known as "SUNLINE", a public entity separate and apart from the individual parties to this Agreement. Pursuant to Section 6509 of the California Government Code, the laws of the State of California applicable to cities organized under a charter, shall govern SUNLINE in the matter of exercising its powers, subject, however to such restrictions as are applicable to charter cities in the manner of exercising such powers, as required by Government Code Section 6509." -1- 1.2 Section 3 (Board of Directors), paragraph E (Meetings) is amended to add a new subparagraph 3, to read as follows: "3) Compensation The Board may, by resolution, provide Board members a stipend for attendance at Board meetings and subcommittee meetings. Notwithstanding Section 2 of this Agreement, the maximum stipend a Board member may receive shall be consistent with the limitations on compensation for service on a commission, committee, board, authority, or similar body applicable to general law cities in Government Code section 36516(c), as such section may be amended from time to time." 2. RATIFICATION OF PAST PAYMENTS. The parties hereby ratify all payments that have been made by the Agency to the Board of Directors as compensation for attendance at Board meetings and subcommittee meetings. 3. GENERAL PROVISIONS. 3.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement, as amended, remains in full force and effect and binding upon the parties. 3.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 3.3 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. 3.4 Counterparts. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. CITY OF DESERT HOT SPRINGS Dated: - By: Name: Title: ATTEST: -2- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM SPRINGS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM DESERT Dated: By: Name: Title: ATTEST: -3- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIO Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF COACHELLA Dated: By: Name: Title: ATTEST: -4- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF LA QUINTA Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIAN WELLS Dated: By: Name: Title: ATTEST: -5- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF RANCHO MIRAGE Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF CATHEDRAL CITY Dated: By: Name: Title: ATTEST: -6- , City Clerk APPROVED AS TO FORM , City Attorney COUNTY OF RIVERSIDE Dated: By: ATTEST: APPROVED AS TO FORM -7- ............. CITY Of PALM DESERT 73-5 t o FRED WARING DRIVE � is ',- ' 4 ti PALM DESERT, CALIFORNIA 92260-2578 - ..: TEL: 76o 346-06><>< "i a�c?'�'` info@cityofpalmdescrt.org NVItietflq-1 1 September 12, 2016 Ms. Lauren Skiver Chief Executive Officer/General Manager SunLine Transit Agency 32505 Harry Oliver Trail Thousand Palms, California 92276 Dear Ms. Skiver: Subject: Contract No. C00515 - Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement At its regular meeting of August 25, 2016, the Palm Desert City Council, by Minute Motion, approved Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorized the Mayor to execute same. Enclosed are two original Agreements as executed by the City. Once fully executed, please forward us an executed copy for our records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:rlm Enclosures (as noted) cc/enc: Finance Department C,r,i•rrD prl[r(i(e rMr FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT This Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement ("Fourth Amendment") is 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 becomes parties to the Agreement. This Fourth Amendment is made and entered into on the date last executed by the Parties hereto. RECITALS A. SunLine Transit Agency is a joint powers agency established by the SunLine Joint Powers Transportation Agency Agreement (the "Agreement") on or about May 20, 1977. B. The first amendment to the Agreement was approved on or about June 11, 1991, and a second amendment to the Agreement was approved on or about March 31, 1992. A third amendment to the Agreement was prepared in 2013 but SunLine is still in the process of obtaining all of the required signatures for that third amendment. C. The Parties desire to enter into this Fourth Amendment to revise the Agreement to include specific authority for the Board of Directors to receive compensation for attendance at Board and committee meetings consistent with State law. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. Section 3 (Board of Directors), paragraph E (Meetings) is amended to add a new subparagraph 3, to read as follows: "3) Compensation The Board may, by resolution, provide Board members a stipend for attendance at Board meetings and subcommittee meetings, provided that the maximum stipend a Board member may receive shall be one hundred fifty dollars ($150) per month consistent with the limitations on compensation for service on a commission, committee, board, authority, or similar body applicable to general law cities in Government Code section 36516(c), or such other amount as may be applicable to general law cities or joint powers agencies in the future." R1V#4 52.5006-6432 v 1 -1- 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement, as amended, remains in full force and effect and binding upon the parties. 2.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 2.3 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. 2.4 Counterparts. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. CITY OF DESERT HOT SPRINGS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RN k4352-5006-6432 vl -2- CITY OF PALM SPRINGS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM DESERT r Dated: BY: o/ 2 Si)*� Name: ROBERT A. SPIE Title: MAYOR ATTEST: 40416 RA LE D. .KLAssEM Ci y Clerk Th APPROVED AS T. FORM ROBERT W. BARGREA' S City Mtorne RN#4 52-5006-6432 vl -3- CITY OF INDIO Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF COACHELLA Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RN 4'4852-5006-6482 vl -4- CITY OF LA QUINTA Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIAN WELLS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RN k4852-5OO6-6482 vl -5- CITY OF RANCHO MIRAGE Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF CATHEDRAL CITY Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RIV#4S52-5006-6482 vl -6- COUNTY OF RIVERSIDE Dated: By: ATTEST: APPROVED AS TO FORM RN#4352-5006 6482 vl -7-