R 2271
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RESOLUTION NO. 2271
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE APPROVING
AN AMENDMENT TO THE SOUTH COUNTY AREA TRANSIT
JOINT POWERS AGREEMENT
WHEREAS, the cities of Arroyo Grande, Grover city, pismo Beach
and San Luis Obispo, and the county of San Luis Obispo entered into
a Joint Powel."S Agreement, a copy of which is attached and
incorporated by this reference; and
WHEREAS, the parties in Amendment No. I, dated February 19,
1988, did authorize that the agreement be amended to add the City
of San Luis Obispo as a member and to add an inter-city transit
route from the Five cities area to San Luis Obispo and vice versa;
and
WHEREAS, Amendment No. 1 is scheduled to automatically expire
on December 31, 1988, unless ratified by all member agencies.
NOW, THEREFORE, BE IT RESOLVED that these parties do amend
Amendment No. 1 to automaticallY expire on June 30, 1989, unless
ratified by all member agencies.
On motion of Council Member Millis, seconded by Council
Member Moots, and on the following roll call vote, to wit:
AYES: Council Members Millis, Moots, Porter, Johnson and Mayor
Mankins
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22nd day of
November, 1988.
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MAYOR
ATTEST: ~a.~
CI CLERK
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 2271 is a true, full
and correct copy of said Resolution passed and adopted at a regular
meeting of said Council on the 22nd day of November, 1988,
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 23rd day of November, 1988.
, RESOLUTION NO. 2271
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JOINT POWERS AGREEMENT
SOUTH COUNTY AREA TRANSIT
This Agreements by and between the cities of Arroyo Grande.
Grover City, Pismo Beach. and the County of San Luis Obispo.
representing the Oceano areas is hereby entered into pursuant to
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Section 6500 et seq. of the Government Code of the State of
California.
., ARTICLE I
9lNERAL PROVISIONS
SECTION 1: PURPOSES.
The purpose of this'Agreement is to ex~rcise the common
powers of the member agencies by the formation of a Joint Powers
Agency \>11 th full power and authority to own, operate and administer
a public transportation system within the territory over which
the Joint Powers Agency has jurisdiction. (See map attached
hereto as Exhibit A).
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. :: ~.; -: . The legal name of the Joint Powers Agency shall be "South
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". 0" . County Area Transit."
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','," SECTION 3: POHERS.
The Agency shall have all powers necessary to carry out the
purposes of this Agreement. except the power ~ tax. The power
to expend funds shall be limited only by the availability of
funds as set forth in Section 1 of Article III. Financial Provisions
of this Agreement. The powers of the Agency specifically include,
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but are not limited tos the following:'
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a. To operate a public transit system to serve the three
incorporated cities in South San Luis Obispo County and the
Oceano area of San Luis Obispo County, as is shown on the map
attached hereto as Exhibit .4..
b. To sue and be sued.
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c. To employ agents, employees and to contract for professional
or other services. .
d. To make and enter into contracts including labor and
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employment contracts.
e. To acquire, convey, construct, manage, maintain and
operate buildings and improvements. .
f. To acquire and convey, real and personal property.
g. To incur debts, liabilities and obligations.
h. To apply for and execute contract~ of financial assistance
from state and federal agencies and ,to obligate the agency t9 .
operate the improvements, equipment, or transportation system in
", accordance with the terms and conditions of said financial assistance.
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<~/, :' i . To purchase. necessary insurance.
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_. SECTION 4: AGENCY IS A PUBLIC LEGAL E~TITY.
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"- The Joint Powers Agenc~, South County Area Transit, is a
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public entity duly formed and existing under the laws of the
State of California. It is a separat~ and distinct legal entity
. from its member agencies. The debts, duties and obligations
created pursuant to this Agreement, or those created pursuant to
previous Agreement, shall be solely the obligation of the South
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County Area Transit and not those of its member agencies or of
officers, employees, members of the Board of Directors or members
of the member agencies.
ARTICLE II
ORGANIZATION
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SECTION 1: BOARD OF DIRECTORS.
The powers of the agency are vested in its Board of Directors.'
The Board of Directors shall be composed of one representative
from each member agency. Each member of the Board of Directors
shall have one vote. Each.member agency shall appoint one regular
member and one alternate member to the Boar9 of Directors, and
shall notify the agency in writing of their appointments or of
any change of representative. The representative shall serve
solely at the pleasure of the appointing member agency. Representa-
tives shall be either elected officials or officers or employees
of the member agency.
SECTION 2: MEETINGS-VOTING QUORUM.
. The Board shall establish a time, place and date for a
regular monthly meeting. Regular meetings may be adjourned from
time to time. Special meetings may be called by the Chairman or
upon written request of any two members of the Board. Members
shall be given at least 48 hours written notice of special meetings,
provided however, the representative of any member may waive said
notice.
A majority of the members shall constitute a quorum for the
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transaction of business.
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Unless specifically limited by this Agreement, the vote of
a majority of the members present at any regular, adjourned or
special meeting shall be sufficient to act upon any matter.
. SECTION 3: OFFICERS.
The Board shall elect a Chairman and Vice-Chairman, and the
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Vice-Chairman shall act in the absence of the Chairman. The
Board,shall also elect such other officers as deemed necessary.
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All officers shall serve'for a term of one year from the
date of their election or until their successors are elected. The
Chairman or Vice-Chairman is authorized to execute all documents
in the name of tne Agency. .
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SECTION 4: 'ADrUNISTRATION.
The Board may in its discretion, appoint' an Administrator of
the transit system, to serve at the pleasure of the Board, and to
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have the power to certify agency documents as required by l~~ and
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to assume such duties and responsibilities as the Board may
direct.
SECTION 5: NEW 'MEf4BERS.
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The Board may accept new members to the Agency' on such terms
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and conditions as the Board may prescribe.
SECTION 6: CHANGE OF BOUNDARIES.
The boundaries of this Agency are subject to change; as set
. forth h~reinafter.
If any portion of the unincorporated area of
the County is annexed to a member city, that annexed portion
shall automatically be included within the boundaries'of this
Agency, and the said member city shall assume any obligations of
the County as to that area. If a new city should be formed in
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any portion of the unincorporated area of the County presently
included within the territory of this Agency, and if such a new
city should become a party to this Agreement, then the affected
area shall be the responsibility of the new city and the County
shall not be 'responsible for any obligations on account of the
area so included within the new ~ity as of the effective date of
the incorporation of the new city. The boundaries of this Agency
shall be adjusted to reflect annexations or new incorporations as
set forth hereinabove.
ARTICLE III
FINANCIAL PROVISIONS
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SECTION 1: BUDGET - LIMITATION OF FINANCIAL COMMITMENT.
The Board shall establish the fiscal year for the Agency,and'
shall. prior to the commencement of each fiscal year, adopt an
annual budget. The budget may additionally carry funds for
. future fiscal years where necessary to reflect obligations under
state or federal funding agreements, to the extent allowable by
. . California law.
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The Board shall not obligate the Agency to expenditures
. ' without express approval of the legislative bodies of the member
agencies. No member Agency shall be required to expend any of
its general fund monies to support the operations of the Agency,
unless said expenditure is first approved by the legislative body
of the member agency. The operation of the transit system shall
be locally funded from SO 325 monies or from grant monies, and
. from revenues derived from operations. Each member shall make an
annual contribution to the ,agency based upon the percentage of
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population related to the area served within that agency. The
population percentages shall be based annually on figures prepared
from SB 90 estimates of the State Department of Finance.
SECTION 2: EXPENDITURES.
The Board may establish procedures and policies to insure
competitive prices for the purcha~es of goods and services.
Formal bidding shall not be required unless directed specifically
by the B~a~d or unless re~uir~d,by state or federal law. Particularly
1n the purchase of equipment, including buses, the Board may
consider the design, maintenance and operating costs, and other
similar factors in determining the most suitable equipment and
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need not purchase equipment having the lowest initial cost.
SECTION 3: TREASURER.
Pursuant to Government Code Section 6505.5, the Treasurer of
the City of, Arroyo Grande is he~eby appointed as First Treas~rer
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of the Agency. The Treasurer shall have the powers and duties -
set forth in Gove~nment Code Section 6505.5. 'The Office of
.' , Treasurer shall be rotated annually unless otherwise directed by
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the Board.
SECTION 4: ANNUAL AUDIT.
The Board of Directors shall cause an annual audit to be
prepared and filed in accordance with Government Code Section
6505. .5
SECTION 5: OFFICIAL BONDS.'
The Administrator and such other employees or agents as the
. Board may direct shall file an official bond in an amount to be
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determined by the Board. The cost ~f said bond(s) shall be born
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by the agency.
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ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 1: WITHDRAWAL Of MEMBERS.
Any member of this Agency may withdraw at any time after
written notice to the Agency Board.
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If the Agency has contractu~l obligations to continue opera-
tion of a public transit system at the time of withdrawal of any
member, the remaining members may impose such conditions upon the
withdrawing member as may be reasonable, including future financial
support to meet the contractual obligations of the Agency at the
time of withdrawal. However, the obligations of a withdrawing
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member under thi~ section is limited the special transportation
funds to which the withdrawing member wou1d be entitled, such as
SB 325 funds, and this section shall not impose any obliqation on
the general funds of the withdrawing member. .
SECTION 2: AMENDMENT Of AGREEMENT.
This Agreement may be amended at any time with the unamimous
..;.,". . approval of ~he legislative bodies of the member agencies. No
amendment to this Agreement shall be effective with~ut such
unanimous approval.
SECTION 3: RATIfICATION-EFFECTIVE DATE.
This Agreement shall become effective upon ratification by
. all member agencies. This Agr~ement shall be dated and shall be
effective upon the last date ratified by a member agency.
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SECTION 4: ASSIGN ABILITY.
In the event it is deemed in the best public interest to
have the public transportation system operated by another individual
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or entity, w~ether public or private, and provided that the
operation complies with state and federal law, the ~gency on the
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affirmative vote of all of its members, may sell, lease I or
assign all of its real and personal property and may cease operations
upon such'terms and conditions as the Board determines to be
reasonable.
SECTION 5: TERMINATION.
This Agreement shall continue in full force and effect until
cancelled by a'majority of the member agencies. .
SECTION 6: NOTIFICATION TO SECRETARY OF STATE.
Pursuant to Government Code Section 6503.5, the Agency shall
cause a notice of the execution of this Agreement to be prepared
and filed with the Office of the Secretary of State of California,
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within thirty (30) days after the effective date of this Agr~ement.
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filed with~he Office of the Secretary of State within thirty
(30) days after the effecti~e date of any amendment to this
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Agreement. Until such filings are completed, the Agency shall
not issue any bonds or incur indebtedness of any kind.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be ~ffective on th~ day of .
1978. which is the last date of signing by a member.
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CITY OF/ARROYO GRANDE
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By: 'I~
Date signed:
CITY OF GROVER CITY ...
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By: r:::fu{ C ~
Date si ed: '2..-/ //7 e
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CITY OF PISMO BEACH
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By. ~//i,,~ t'" ,- j .. ~L/' 'Y
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Date signed: d-Y-7?
COUNTY OF SAN LUIS OBISPO
By: ~-_.~ .~. ~~c:-~
Chairman of the Board of
Supervisors
Authorized by Board action on
. .~ i · 1978.
Date Si9nedrr:J/ /..f.7,f
ORDIN^NCE CODE PROV1SION APPROVED AS TO
FORM At-!D CODifiCATION
JAMES B. liNDHOLM, JR., COUNTY COUNSEL CATEGORICAL EXEMPTION I
CuUIH CF SAN UIS (( IS ,~~
BY
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, RESOLUTION NO. 2271
AMENDMENT ND. 1 TO JOINT POWERS AGREEMENT
SOUTH COUNTY AREA TRANSIT
The CITY OF ARROYO GRANDE. the CITY OF GROVER CITY. the CITY OF
PISMO BEACH. the CITY OF SAN LUIS OBISPO. and the COUNTY OF SAN LUIS
OBISPO agree that:
WHEREAS. on February 1. 1978. the City of Arroyo Grande. the City
of Grover City. the City of Pismo Beach. and the County of San Luis
Obispo entered into a joint powers agreement. a copy of which is
attached and incorporated by this reference; and
WHEREAS. the parties hereto now desire that the agreement be
amended to add the City of San Luis Obispo as a member and to add an
inter-city transit route from the Five Cities Area to San Luis Obispo
and vice versa; and
NOW these parties do amend the joint powers agreement Article 1.
Section 1 as follows: (See map attached as Exhibit B).
NOW these parties do amend the joint powers agreement Article 1.
Section 2 as follows: "and the name of the inter-city transit route
shall be "SLOSCAT".
NOW these parties do amend the joint powers agreement Article 1.
Section 3a as follows: and an inter-city transit route as shown in the
map attached hereto as Exhibit B.
NOW these parties do amend the joint powers agreement Article 1.
Section 4 as follows: liThe Joint Powers Agency, South County Area
Transit and SLOSCAT" with the remaining language continuing the same.
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NOW these parties do amend the joint powers agreement Article III,
Section 1 as follows: "A separate budget shall be developed for the
operation of SLOSCAT. Every member shall make an annual contribution to
the agency based on the population related to the area served within
that agency as follows. Sixty percent of the funding shall be from
population of the cities of Arroyo Grande, Grover City, Pismo Beach, San
Luis Obispo and the County of San Luis Obispo for the Oceano area.
Forty percent of the funding shall be from population of the cities of
Arroyo Grande, Grover City, Pismo Beach, and the County of San Luis
Obispo for the Oceano area as annually determined by the County Planning
Department. T-his funding formula shall be reviewed annually or at the
discretion of the Board.
Governmental agencies at the discretion of each legislative body
shall determine the source of their share of the funding.
NOW, THEREFORE BE IT RESOLVED, that the City of San Luis Obispo
shall only be a voting delegate on issues relating to SLOSCAT. ... .
The City of San Luis Obispo shall only be obligated financially to
their proportionate share of SLOSCAT. SLOSCAT funds shall be segregated
and be maintained separate from the funds by SCAT.
This addendum shall automatically expire on December 31, 1988,
unless ratified by all member agencies.
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. RESOLUTION NO. 2271
CiTY OF ~RR_OYO GRANDE ,
~ "'"B . ~.........v...-. Attest:
oward Manklns, Mayor
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Attest:
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Attest:
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CITY OF SAN LUIS OBISPO
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-R'On unl n, Mayor
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Attest:
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Date ?~ t;Z/~
APPROVED AS TO FORM AND LEGAL EFFECT
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