2017 Sunline Transit Agency - JPA Amendment 4 REVISED - stipendtaQuiKra
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Gil Villalpando, Management Specialist
DATE: February 7, 2017
RE: Revised Fourth Amendment to SunLine Joint Powers Transportation
Agency Agreement
Attached for your signature is the revised Fourth Amendment to SunLine Joint Powers
Transportation Agency Agreement approved by City Council at the January 17, 2017 meeting.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
NA Contract payments will be charged to account number:
NA Amount of Agreement, Amendment, Change Order, etc.:
NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultants) is attached with
no reportable interests in LQ or reportable interests
NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on 01/07/2017
NA City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $9,900 and authorized by contract approved by Council.
NA Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
NA Insurance certificates as required by the agreement (approved by Risk Manager on date)
NA Performance bonds as required by the agreement (originals)
NA City of La Quinta Business License number
NA Purchase Order number
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.
D. 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.
Dated: t/ /I(Z )1-7
CITY OF DESERT HOT SPRINGS
LIM
Name/Cha les L. Maynard
Title: i anager
6b2
ATTEST:
4erI Soriano, ity Clerk
APPROVED AS TO FORM
- X
Jennif . Mizrahi, City Attorney
Dated:
ATTEST:
, City Clerk
APPROVED AS TO FORM
City Attorney
Dated:
CITY OF PALM SPRINGS
0
Nam
Title:
CITY OF PALM DESERT
Name:
Title:
-3-
, City Clerk
APPROVED AS TO FORM
Dated:
ATTEST:
City Attorney
,.City Clerk
T -
APPROVED AS TO FORM
City Attorney
Dated:
ATTEST:
CITY OF PALM SPRINGS
APPROVED BY CITY COUNCIL
I11�11 Ain
�F
CITY OF PALM DESERT
m
Name:
Title:
-3-
City Clerk
APPROVED AS TO FORM
Dated:
ATTEST:
, City Attorney
, City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF PALM SPRINGS
M
Nam
Title:
CITY OF PALM DESERT
Dated: JANUARY 26, 2017
B .
eitlmeOR
ATTEST:
-3-
RACH LE
D.
KLASSEN , C�-i
y Clerk
CITY
OF
PALM DESERT
APPROVED AS TO FORM
Dated:
ATTEST:
Attorney
, City Clerk
APPROVED AS TO FORM
City Attorney
Dated:
ATTEST:
CITY OF INDIO
M
Title:
CITY OF COACHELLA
By:
Name:
Title:
151
CITY OF INDIO
Dated: l - 30--17 ,
By:� D a, -
Dan Martinez
City Manager
ATTEST:
�- t
tfo
CYNTHIA HER NDEZ
City Clerk
APPROVED AS TO FORM
ROXANNE DIAZ
City Attorney
-3-
, City Clerk
APPROVED AS TO FORM
Dated:
ATTEST:
City Attorney
City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF INDIO
By:
Name:
Title:
CITY OF COACHELLA
Dated: l I -)-0L-7 By G=��
ATTEST:
Name: Steven A. Hernandez
Title: Mavor
is
Angela M. peda, City Clerk
APPROVED AS TO FORM
Mn
Carlos Camp ity Attorney
ATTEST:
, City Clerk
APPROVED AS TO FORM
City Attorney
Dated:
ATTEST:
CITY OF LA QUINTA
M
Name:
Title:
CITY OF INDIAN WELLS
an
Name:
Title:
&I
, City Clerk
APPROVED AS TO FORM
City Attorney
"I'WL'k I} ORff1�
ATTEST:
15M_� NW4-
Susan Maysels, City Clork
APPROVED AS TO FORM
William H. Ihrke, City Attorney
Dated:
ATTEST:
CITY OF LA QUINTA
CITY OF INDIAN WELLS
Los
Name:
Title:
-5-
, City Clerk
APPROVED AS TO FORM
Dated:
ATTEST:
City Attorney
, City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF LA QUINTA
0
Name:
Title:
CITY OF INDIAN WELLS
Dated: February 16, 2017 /
Name: Richard Balocco
Title: Mayor
ATTEST:
1541
nna Gran ys , City Clerk
APPROVED AS TO FORM
P. 6-6�
Stephen P. Dei ts0 City Attorney
Dated:
ATTEST:
, City Clerk
APPROVED AS TO FORM
City Attorney
Dated:
ATTEST:
CITY OF RANCHO MIRAGE
M
Nam
Title:
CITY OF CATHEDRAL CITY
M
Name:
Title:
real
, City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF RANCHO MIRAGE
Dated: p
By: Ild
ame: i -e ,A
Title: Memo✓'
ATTEST:
>-/� �kMv ,---
Kvkstie ?-& \,.os , City Clerk Lp,�E;noJ�
APPROVED AS TO FORM
CITY OF CATHEDRAL CITY
Dated:
0
ATTEST:
Name:
Title:
, City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF RANCHO MIRAGE
Dated:
Nam
Title:
ATTEST:
, City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF CATHEDRAL CITY
Dated:
ATTEST:
City CI rk
APPROVED AS TO
, City Attorney
Dated:
ATTEST:
APPROVED AS TO FORM
COUNTY OF RIVERSIDE
0
-7-
ity Clerk
APPROVED AS TO FORM
, City Attorney
Dated:
ATTEST:
APPROVED AS TO FORM
COUNTY OF RIVERSIDE
�<,Ji �.II ��iY,�l
.
v
r ( G
Rri-dilne Bell Valdez, De ut ounty Counsel
EACH DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL ON FILE AND OF
RECORC� I,N M FFICE
Dated: I I, Gil 21 , 2,01 q
KECIA HARPERHEM
Clerk to the Board of Supervisors
i County of Riverside, California
By/LL'�L�,UbAPAJ�2z , Depuh.
-7-
SHRI/fig
TBRNSIT AGfNCY
MEMBERS: Desert Not Springs Palm Springs Cathedral City Rancho Mirage
Palm Desert Indian Wells La Quinta Indio Coachella Riverside County
A Public Agency
December 20, 2016
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Frank J. Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Linda Evans, Mayor
Re: Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement
Dear City Officials:
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
32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-1986 www.sunline.org
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 Iaw
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 Larry Oliver
Trail, Thousand Palms, California, 92276.
Thank you for your assistance in this matter.
Fw7
Manager
SunLine Transit Agency
Cc: SunLine Agency Board Member Robert Radi
William H. Irhke, City Attorney
CONSENT CALENDAR ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING: January 17, 2017
STAFF REPORT
AGENDA TITLE: APPROVE REVISED FOURTH AMENDMENT TO SUNLINE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT
RECOMMENDATION
Approve the revised Fourth Amendment to SunLine Joint Powers Transportation
Agency Agreement setting compensation limits; and authorize the City Manager to
execute the amendment.
EXECUTIVE SUMMARY
• On September 20, 2016 Council approved a previous version of the Fourth
Amendment, but concerns over language regarding general law cities caused
one agency to reject the amendment.
• A revised Fourth Amendment (Attachment 1) was developed, which authorizes
SunLine Transit Agency Board Members to receive compensation for their
attendance at meetings consistent with the limitations applicable to general
law cities.
• A provision was added, 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."
FISCAL IMPACT
There is no fiscal impact for the City of La Quinta. The stipend will be paid by SunLine
Transit Agency to Board Members.
BACKGROUND/ANALYSIS
In May 1977, the County of Riverside and the incorporated cities in the Coachella
Valley entered into the SunLine Joint Powers Transportation Agency Agreement to
collectively provide a public transportation system in the Coachella Valley. The first
and second amendments dealt with taxicab regulations and were approved in the
early 1990's. The third amendment was promulgated in 2013 to eliminate weighted
voting and is still in the process of being approved by member agencies.
General Law cities are subject to limitations in Government Code Section 36516
regarding compensation. SunLine has requested that the Agreement be revised to
specifically authorize the Board members to receive stipends for their attendance at
Board and committee meetings consistent with limitations applicable to general law
cities.
29
ALTERNATIVES
Do not approve the revised Fourth Amendment.
Prepared by: Gilbert Villalpando, Management Specialist
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Revised Fourth Amendment to SunLine Joint Powers Transportation
Agency Agreement
30