The URL can be used to link to this page

Home My WebLink AboutC00515 Amendment 4- SunLine Joint Powers Transportation AgencyCONTRACT NO. C00515 CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT X! � REQUEST: APPROVAL OF FOURTH AMENDMENT TO THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT (CONTRACT NO. C00515). SUBMITTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR DATE: SunLine Transit Agency Attention: Lauren Skiver, 32505 Harry Oliver Trail CEO/General Manager Thousand Palms, CA 92276 August 25, 2016 CONTENTS: • Staff Report • SunLine CEO/General Manager Lauren Skiver's Letter of July 15, 2016 • Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement Recommendation By Minute Motion, approve Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorize Mayor to execute same. Committee/Commission Recommendation As confirmed by both the CEO/General Manager and the City of Palm Desert's appointed representative, Mayor Spiegel, SunLine Transit Agency Board of Directors authorized preparation of a Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and directed staff to circulate the proposed amendment to each of its member agencies for consideration and approval. Strateaic Plan Obiective In keeping with the vision of a communitywith safe, convenient, and efficient transportation options for residents and visitors, approval of the SunLine Joint Powers Agreement Fourth Amendment provides fororderand 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 Staff Report - Approval of Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement August 25, 2016 Page No. 2 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, but that Third Amendment is still in the process of being approved by the member agencies. 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 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. SunLine has requested that the agreement be revised to specifically authorize 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. Fiscal Analvsis There is no direct fiscal impact to the City by approving the SunLine Joint Powers Transportation Agency Agreement Fourth Amendment. Submitted by: Reviewed: //j5;7 Rac elle D. Klassen, MM City Clerk Janet M ore, Director of Finance Approved: —Re�ti J in McCarthy, Interim Manager obertW. argre ves, City Attorney rd k ahments (as noted) H:IWPdataIWPDOCSIStaNReportslsunline-jpa-4th amendmt-Aug25-2016.wpd SURI/Re IBAN91f A6fNCY A Public Agency July 15, 2016 City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Justin McCarthy, Interim City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Robert A. Spiegel, Mayor MEMBERS Desert Hot Springs Palm Springs Cathedral City Rancho Mirage Palm Desert Indian Wells La Quinta Indio Coachella Riverside County Re: Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement Dear Gentleman: N 0 C" w U-x� cr > F) .a r" At its May 25, 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 of the amendment is to add a provision to the Agreement that authorizes the Board to approve stipends for attendance at Board and subcommittee meetings consistent with the legal limitations applicable to general law cities. This revision to the Agreement memorializes existing practices and provides a clear statement in the Agreement as to the legal restrictions on Board compensation. 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. Sincere , 7LaeniverelraManager SunLine Transit Agency Cc: SunLine Agency Board Member Robert Spiegel Robert Hargreaves, City Attorney 32-505 Harry Oliver Trail. Thousand Palms California 92276 Phone 760 343-3456 Fax 760-343-3845 www sunline org 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." RIV #4852-5006-6482 v1 -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. Dated: CITY OF DESERT HOT SPRINGS M Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RIV 44852-5006-6482 vl -2- Dated: ATTEST: CITY OF PALM SPRINGS Name: Title: , City Clerk APPROVED AS TO FORM Dated: , City Attorney CITY OF PALM DESERT In Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RIV 04852-5006-6482 vl -3- Dated: ATTEST: , City Clerk APPROVED AS TO FORM Dated: , City Attorney CITY OF INDIO A -- Name: Title: CITY OF COACHELLA LM Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RN #4852-5006-6482 v l -4- Dated: ATTEST: CITY OF LA QUINTA Name: Title: , City Clerk APPROVED AS TO FORM Dated: , City Attorney CITY OF INDIAN WELLS in Name: Title: ATTEST: ., City Clerk APPROVED AS TO FORM , City Attorney RIV #4852-5006-6482 vl -5- Dated: ATTEST: , City Clerk APPROVED AS TO FORM Dated: , City Attorney CITY OF RANCHO MIRAGE M Name: Title: CITY OF CATHEDRAL CITY A -- Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney RIV #4852-5006-6482 vl -6- COUNTY OF RIVERSIDE Dated: m ATTEST: APPROVED AS TO FORM RIV #4852-5006-6482 vl -7-