HomeMy WebLinkAboutAgenda Report - April 5, 1995 (95)CIW OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Joint Powers Authority Establishing San Joaquin County Regional Rail Commission,
and Nomination of City of Lodi Representative to the Commission.
MEETING DATE: April 5, 1995
PREPARED BY: City Manager
RECOMMENDED ACTION: That the City Council approve the Joint Powers Agreement
Establishing San Joaquin County Regional Rail Commission,
and Nominate a City of Lodi representative to the Commission.
BACKGROUND INFORMATION: The San Joaquin Council of Governments (COG), at its regular
meeting of February 28, 1995, approved the attached (Exhibit A)
Joint Powers Agreement (JPA) to establish the Regional Rail
Commission. A rail commission appointed by COG has been in operation for some months now.
However, as the approach of the start-up of the demonstration service over the Altamont Pass draws
near, it is critical that an agency such as this JPA be formed which has both planning and operational
authority. The proposed commission will consist of five members appointed by the COG Board of
Directors upon the consideration of the recommendation of COG's Executive Committee from nominees
submitted by the cities and the County of San Joaquin. The commission will have the authority to operate
rail service within the County.
A representative of the County's Public Works Department will be in attendance at Wednesday night's
meeting to answer any questions Councilmembers may have.
FUNDING: None at this time
Respectfully submitted,
ORMS,
Thomas A. Peterson
City Manager
TAP:br
Attachment
APPROVED:
THOMAS A. PETERSON
City Manager
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JOINT POWERS AGREEMENT
ESTABLISHING THE SAN JOAQUIN COUNTY
REGIONAL RAIL COMMISSION
THIS AGREEMENT is entered into as of the of
19—, by and among the Parties hereto.
W I T N E S S E T H:
WHEREAS, the Act authorizes two (2) or more public agencies
to jointly exercise any power common to them; and
WHEREAS, the County of San Joaquin and the incorporated
cities therein possess in common the powers to plan for, own,
maintain, operate, lease, contract for, and operate railroad
service and facilities for the purpose of transporting passengers
within and outside their respective boundaries; and
WHEREAS, the County of San Joaquin and the incorporated
cities therein, by virtue of California Public Utilities Code
sections 99234.9 and 99400, possess in common the authority to
file claims with the regional transportation planning agency, the
COG, for rail passenger service operation expenditures and
capital improvement expenditures, including construction and
maintenance of intermodal transportation facilities; and
WHEREAS, the County of San Joaquin and the incorporated
cities therein, by virtue of California Public Utilities Code
section 99260.5, possess in common the authority to file with
COG, claims for payment to a railroad corporation subject to the
jurisdiction of the Public Utilities Commission and engage in the
transportation of persons for operating losses incurred in the
transportation of persons within the County of San Joaquin and
the incorporated cities therein and to or from the same; and
WHEREAS, the people residing within the incorporated and
unincorporated areas of San Joaquin County have an interest in
rail transportation within the County, to destinations outside
the County, and to facilitate the movement of people through the
County; and
WHEREAS, the continued growth and extensive development
within the incorporated and unincorporated areas of San Joaquin
County evidences a need to create an independent regional agency
capable of dealing with rail transportation issues and problems.
NOW, THEREFORE, it is mutually agreed as follows:
1. DEFINITIONS
As used herein, the following words have the following
meanings:
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1.A. "Act" means chapter 5 (commencing at section
6500) of division 7 of title 1 of the California Government Code.
1.B. "Auditor -Controller" means the Auditor -Controller
of the County and of the Commission.
1.C. "Board of Supervisors" means the Board of
Supervisors of the County.
1.D. "City Councils" means the respective City
Councils of the Cities who are Parties.
1.E. "COG" means the San Joaquin County Council of
Governments.
1.F. "COG Board" means the governing Board of COG.
1.G. "Commission" means the San Joaquin Regional Rail
Commission, a California joint powers agency, created by this
Agreement.
1.H. "County" means the County of San Joaquin.
1.I. "Elected officials" means any member of the
governing body of a Party to this Agreement.
1.J. "Party" means any public agency which pursuant to
governing body authority has executed this Agreement.
1.K. "Parties" means all of the public agencies who
pursuant to governing body authority have executed this
Agreement.
I.L. "Passenger Rail Service" means long distance,
intercity rail service, and commuter rail service to the extent
such service is authorized by state and federal law.
1.M. "Rail Board" means the Board established pursuant
to section 4 of this Agreement as the governing body of the
Commission.
1.N. "Treasurer" means the Treasurer of the County and
of the Commission.
2. STATEMENT OF PURPOSE
The Parties have joined together to establish the Commission
for the following reasons:
2.A. The population demographics, air quality
designations, and travel demand patterns of County have
established links between the Central Valley, Sacramento, and the
Metropolitan San Francisco Bay Area.
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2.B. Some highways and major arterials within and
between these jurisdictions are currently operating under
unacceptable conditions and will continue to operate unacceptably
in the future, even with all highway and transit planned
improvements. Concurrently, recent air quality and energy
conservation legislation discourage the use of single occupant
automobiles and encourage the use of mass transit and other
alternative modes of travel.
2.C. The preservation and improvement of the rail
infrastructure for passenger and freight rail service will accrue
regional economic and environmental benefits.
2.D. The City Councils, the Board of Supervisors, and
the COG Board have jointly examined the many issues associated
with rail service and have expressed common goals and objectives.
Advanced planning studies have evolved into projects and are now
focused on timely project management, interjurisdictional
coordination, and the implementation of Passenger Rail Service.
2.E. Coordinated political and administrative efforts
are necessary to resolve issues, advance funding requests, and to
keep projects and programs on schedule.
3. ESTABLISHMENT OF THE COMMISSIO
3.A. Upon the effective date of this Agreement, the
Parties hereto hereby establish the Commission, as a public
entity separate and distinct from its member entities, as the
agent to exercise the common powers provided for in this
Agreement and to administer or otherwise execute this Agreement.
3.B. The Commission, shall function as the regional
representative for rail transportation for the purpose of acting
upon any appropriate proposals which may be presented to it for
consideration and for transmission of proposed recommendations to
federal, state, regional, and local agencies.
4. RAIL BOARD
4.A. The Commission shall be governed by the Rail
Board which shall be comprised of five voting Commissioners, all
of which shall be elected officials of a city council or board of
supervisors within San Joaquin County.
4.B. Ex -officio members may be appointed by the Rail
Board.
4-C. Appointments of the voting members, except the
voting members as may be added pursuant to section 16 of this
Agreement, shall be recommended by the Executive Committee of the
COG Board from a pool of candidates consisting of one nominee
from each Party, and appointed by the COG Board, and shall serve
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at the discretion of the COG Board.
4.D. The voting members, except the voting members as
may be added pursuant to section 16 of this Agreement, shall
reside within the County and shall serve for a period of four (4)
years, except that the initial voting members shall, by lot,
choose two of their membership to serve two (2) years, and one
(1) to serve three (3) years. In the event a voting member shall
cease to be an elected official as required by Section 4.A., his
or her term on the Rail Commission shall immediately terminate,
and a new voting member shall be appointed in accordance with
Section 4.C.
4.E. A quorum for conducting all matters of business
shall be a majority of the voting members. The affirmative vote
of at least a majority of the quorum present shall be required
for the approval of any matter (unless- a greater number is
required by any resolution, ordinance. or statute) .
4.F. The Rail Board shall adopt rules of procedure and
shall establish a time and place for regular Rail Board meetings.
All meetings shall be conducted in accordance with the Ralph M.
Brown Act, California Government Code, section 54950 et sea.
4.G. The Rail Board may establish committees and
subcommittees from time to time as needed.
4.H. The By-laws of the Commission shall be those
annexed to this Agreement marked exhibit "A".
5. POWERS AND FUNCTIONS
5.A. The Commission shall have the common power of the
Parties hereto to plan, to establish, and to operate passenger
rail service within the County and to other counties, purchase
rolling stock including cars and locomotives, acquire railroad
sites and stations in conjunction with San Joaquin County or the
city or cities benefitted or affected thereby, operate rail
stations, and to carry out all other activities necessary to
provide passenger rail service for the benefit of the people of
the County, both in and out of the County boundaries, and in the
exercise of that power, the Commission is authorized in its own
name to:
5.A.1. Employ an executive director as the chief
administrative officer of the Commission;
5.A.2. Employ agencies and employees and contract
for professional services;
5.A.3. Make and enter into contracts;
5.A.4. Acquire, hold and convey real and personal
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property;
5.A.5. Incur debts, obligations and liabilities;
5.A.6. Accept contributions, grants or loans from
any public or private agency or individual, or the United States,
the State of California or any department, instrumentality, or
agency thereof, for the purpose of financing its activities;
5.A.7. Invest money that is not needed for
immediate necessities, as the Rail Board determines advisable, in
the same manner and upon the same conditions as other local
entities in accordance with section 53601 of the California
Government Code;
5.A.8. Have appointed members and ex -officio
members of the Rail Board serve without compensation from the
Commission, except that members of the Rail Board may be
reimbursed for all reasonable expenses and costs relating to
attendance at Commission meetings or other Commission business;
5.A.9. Do all other acts reasonable and necessary
to carry out the purposes of the members of the Commission;
S.A.10. Sue and be sued, in its own name only,
but not in the name or stead of any Party; and
5.A.11. ' To exercise any and all other powers as
may be provided for in California Government Code section 6547.
5.B. The powers to be exercised by the Commission are
subject to such restrictions upon the manner of exercising such
powers as are imposed upon the County in the exercise of similar
powers. The Commission shall be held strictly accountable for
all funds received, held and disbursed by it.
6. EXECUTIVE DIRECTOR
The Rail Board may select an Executive Director. If an
Executive Director is chosen, he or she shall serve at the
pleasure of and upon the terms prescribed by the Rail Board, and
his or her powers and duties shall include the following:
6.A. Serving as Secretary to the Commission;
6.B. Keeping accurate and sufficient records of all
proceedings of the Commission;
6.C. Receiving and transmitting all Commission
correspondence;
6.D. Keeping a record and ascertaining the
qualifications of each duly authorized representative;
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6.E. Maintaining files for all reports;
6.F. Directing and coordinating the.work of the
Regional Rail Commission;
6.G. Preparing and administering the Commission's
annual budget and work Program;
6.H. Maintaining a record of all financial
transactions;
6 . I. Making an annual report covering the business of
the Commission during the preceding year;
6.J. Transmitting to his/her successor all books and
records of the Commission in his/her possession;
. 6. K. Employing, supervising, and terminating employees
subject to policies and procedures adopted by the Commission; and
6.L. other duties as are usually incidental to the
office of Executive Director.
7. FINANCING
7.A. The Commission's fiscal year shall be July 1
through June 30.
7.B. Annually, the Commission shall prepare a budget
for the ensuing fiscal year to commence on July 1. When adopted
by the Rail Board, the budget shall serve as the approved budget
for the fiscal year in carrying out the tasks within the approved
work program for the year. Any use of amendments of the budget
shall be at the sole discretion of the commission.
7.C. A Party in the exercise of the reasonable
discretion of its governing body, may provide support for the
Commission, its staff, and its professional consultants,
including providing quarters, janitorial services and
maintenance, supplies, printing and duplication, postage,
telephone services, transportation services, and the professional
and technical assistance as may be necessary to enable the
Commission to perform its responsibilities. All assistance shall
be provided on an at -cost basis.
7.D. The Commission shall apply for available state
federal, regional, and local support funds, and shall make new
and additional applications from time to time as appropriate. If
deemed necessary, the Rail Board may also establish and collect
filing and processing fees in connection with matters to be
considered by it.
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8. TREASURER
8.A. The Treasurer of the County shall be the
Treasurer of the Commission.
8.B. The Treasurer shall:
8.B.1. Receive and receipt all money of the
Commission and place it in the treasury of the County to the
credit of the Commission.
8.B.2. Be responsible upon the Treasurer's
official bond for the safekeeping and disbursement of all
Commission money held by the Treasurer.
8.B.3. Pay any sums due from the Commission, from
the Commission's funds held by the Treasurer or any portion
thereof, upon warrants of the Auditor -Controller designated
herein.
8.B.4. Verify and report in writing as soon as
possible after the first day of July, October, January, and April
of each year to the Commission the amounts of monies the
Treasurer holds for the Commission, the amount of receipts since
the Treasurer's last report, and any interest accrued to those
funds.
8.B.5. The Commission shall reimburse the County
for the cost of services provided by the Treasurer to the
Commission upon an at -cost basis.
9. AUDITOR -CONTROLLER
9.A. The Auditor -Controller of the County shall be the
Controller for the Commission.
9.B. The Auditor -Controller shall draw warrants to pay
demands against the Commission when the demands have been
approved by the Rail Board and/or the Rail Board Executive
Director. The Controller shall be responsible on the
Controller's official bond for the Controller's approval of
disbursements of the Commission money.
9.C. The Controller shall keep and maintain records
and books of account on the basis of generally accepted
accounting practices. The books of account shall include records
of assets, liabilities, and contributions made by each Party to
this Agreement.
9.D. The Controller shall make available all the
financial records of the Commission to a certified public
accountant or public accountant contracted by the Commission to
make an annual audit of the accounts and records of the
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Commission. The mini -mum requirements of the audit shall be those
prescribed by the State Controller for special districts under
section 26909 of the California Government Code and shall conform
to generally accepted auditing standards.
9.E. The Commission shall reimburse the County for the
cost of services provided by the Controller to the Commission
upon an at -cost basis.
10. BOND REQUIREMENTS
The Executive Director and such other persons employed by
the Commission as may be designated by the Rail Board, shall file
with the Rail Board an official fidelity bond in a penal sum
determined by the Rail Board as security for the safekeeping of
the Commission's property entrusted to the employee. However, if
the Executive Director or other such persons designated are
already bonded by another agency, no additional bonding shall be
required by this section. Premiums for any bonds required under
this section shall be paid by the Commission.
11. PARTIES' LIABILITY
The debts, liabilities and obligations -of the Commission
shall not be debts, liabilities or obligations of the Parties
either singly or collectively.
12. ASSIGNABILITY
With the approval of, and upon the terms agreed upon by, the
governing body of each Party to this Agreement, all or any of the
rights and property subject to this Agreement may be assigned to
further the purpose of this Agreement. Provided, however, no
right or property of the Commission shall be assigned without
compliance with all conditions imposed by any state or federal
entity from whom Commission has received financial assistance.
13. WITHDRAWAL OF A PARTY
A Party to this Agreement may, at any time, withdraw from
the Commission, following 90 days' notice to the Commission and
all other members of the Commission, by resolution of intent to
withdraw adopted by the governing board of the withdrawing Party.
Unless the withdrawing Party and the Rail Board specifically
mutually agree to the contrary, a withdrawing Party shall have no
right to, or interest in, any of the assets of the Commission.
14. TERMINATION AND DISSOLUTION
14.A. This Agreement shall continue in force without
specific term, except as otherwise provided herein.
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14.B. If, at any time, the county of San Joaquin and
the incorporated cities therein, which are members of the
Commission represent less than the County and a majority of the
cities representing a majority of the population of the
incorporated areas residing within the area of the County, based
upon the latest California Department of Finance estimate of
population, the Commission shall be deemed disestablished and
this Agreement shall cease to be operative except for the purpose
of payment of any obligations theretofore incurred.
14.C. If this Agreement is terminated, all real and
personal property owned by the Commission shall be distributed to
the federal, state or local funding agency or Party to this
Agreement that supplied the property or whose funding provided
for the acquisition of the property unless other distribution is
provided by law. Should the origin of any real or personal
property be undeterminable, that property shall be disbursed to
the Parties to this Agreement in proportion to the population of
each jurisdiction as delineated in the latest California
Department of Finance estimate of population.
14.D. In the event of termination if there are not
sufficient unencumbered funds which are a part of the assets of
the Commission available to pay for the costs of dissolution, the
costs of dissolution above available funds shall be borne by the
Parties to this Agreement in proportion to the population of each
jurisdiction as delineated in the latest California Department of
Finance estimate of population.
14.E. This Agreement shall not terminate until all
property has been distributed in accordance with this section.
15. RETURN OF SURPLUS FUNDS
Upon termination of this Agreement, any surplus money on
hand shall be returned to the federal, state or local agency or
the Party to this Agreement that provided the funds. Should the
origin of any funds be undeterminable, the funds shall be
disbursed to the Parties to this Agreement in proportion to the
population of each jurisdiction as delineated in the latest
California Department of Finance estimate of population.
16. ADDITIONAL MEMBERS
16.A. In addition to those powers specified in this
Agreement, the Commission upon a majority vote of the Rail Board,
shall have the power to amend the Agreement and By-laws to add
one or more public agencies, with the exception of newly
incorporated cities within San Joaquin County, authorized by
California Government Code section 6500 et secr., to enter into a
joint exercise of powers agreement as a voting or non-voting
Member to the Agreement, including the power to change this
Agreement and the By-laws to adjust the composition of the Rail
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Board's membership, provided that the Rail Board may not alter
the composition of the Rail Board so that the representatives
from the San Joaquin County area have less than a majority of the
votes on the Rail Board.
16.B. Any newly incorporated city in San Joaquin
County may elect to be a Party to this Agreement upon a majority
vote of the city council. The Rail Board's approval shall not be
required, but. the newly incorporated city shall execute a copy of
this Agreement and be bound by its terms.
16.C. Each newly added member public agency shall:
16.C.1. Be a public agency;
16.C.2. Be a public agency whose powers include
the ability to utilize, regulate, construct and facilitate the
use of rail transportation;
16.C.3. Have full rights and responsibilities as
a member of the Commission;
16.C.4. Pay fees,
Rail Board, to be charged for the
in financing the Commission.
17. SUCCESSORS
if any, as prescribed by the
public agency's participation
This Agreement shall be binding upon and shall inure to the
benefit of any successors to or assigns of the Parties.
18. RECORDS
The Treasurer and the Auditor -Controller shall have charge
of, handle and have access to all accounts, funds and money of
the Commission and all records of the Commission relating
thereto; and the Secretary shall have charge of, handle and have
access to all other records of the Commission.
19. SEVERABILITY
Should any part, term, portion, or provision of this
Agreement be finally decided to be in conflict with any law of
the United States or the State of California, or otherwise be
unenforceable or ineffectual, the validity of the remaining
parts, terms, portions, or provisions shall be deemed severable
and shall not be affected thereby, provided such remaining
portions or provisions can be construed in substance to
constitute the Agreement which the Parties intended to enter into
in the first instance.
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20. COUNTERPART
This Agreement may be executed in any number of
counterparts, each of which when executed will be deemed to be an
original and all of which, taken together, will be deemed to be
one and the same instrument.
21. EFFECTIVE DATE OF AGREEMENT
This Agreement shall become effective when the County and a
majority of the cities representing a majority of the population
of the incorporated areas in the County, based upon the latest
population estimates of the California Department of Finance,
sign this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed by their respective officers as of:
ATTEST:
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
By:
Deputy Clerk
Date:
ATTEST.,
City Clerk of the City of Escalon
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Lathrop
By:
City Clerk
Date:
COUNTY OF SAN JOAQUIN, a
political subdivision of
the State of California
By
Chairman
Board of Supervisors,
"County"
CITY OF ESCALON, a
municipal corporation of
the State of California
By:
I Mayor
City of Escalon
CITY OF LATHROP, a
municipal corporation of
the State of California
By:
Mayor
City of Lathrop
*** SIGNATURES CONTINUED ON NEXT PAGE ***
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ATTEST:
City Clerk of the City of Manteca
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Lodi
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Ripon
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Stockton
By:
City Clerk
Date:
CITY OF MANTECA, a
municipal corporation of
the State of California
By:
. Mayor
City of Manteca
CITY OF LODI, a
municipal corporation of
the State of California
By:
Mayor
City of Lodi
CITY OF RIPON, a
municipal corporation of
the State of California
BY:
' . Mayor
City of Ripon
CITY OF STOCKTON, a
municipal corporation of
the State of California
By:
Mayor
City of Stockton
SIGNATURES CONTINUED ON NEXT PAGE
12
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ATTEST:
City Clerk of the City of Tracy
By:
City Clerk
Date:
APPROVED AS TO FORM:
By:
Assistant County Counsel
By:
City Attorney for the
City of Lathrop
By:
City Attorney for the
City of Manteca
By:
City Attorney for the
City of Stockton
13
CITY OF TRACY, a
municipal corporation of
the State of California
By:
Mayor
City of Tracy
By:
City Attorney for the
City of Escalon
By:
City Attorney for the
City of Lodi
By:
City Attorney for the
City of Ripon
By:
City Attorney for the
City of Tracy
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RESOLUTION NO. 95-44
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE CREATION OF A JOINT POWERS AGENCY
FOR THE SAN JOAQUIN COUNTY REGIONAL RAIL COMMISSION
AND DESIGNATING THE CITY'S REPRESENTATIVE THERETO
WHEREAS, the San Joaquin County Council of Governments has heretofore approved in
concept the formation of the San Joaquin County Regional Rail Commission Joint Powers
Agency, comprised of the County of San Joaquin, and the cities of Escalon, Lathrop, Manteca,
Lodi, Ripon, Stockton and Tracy; and
WHEREAS, the parties to this agreement are authorized, pursuant to California
Government Code §6500 et. seq. to enter into such agreements for the creation of joint powers
agencies; and
WHEREAS, the purpose of this Joint Powers Agency is to facilitate, by appropriate
means, passenger rail service in and around San Joaquin County and the surrounding areas; and
WHEREAS, the County of San Joaquin and the incorporated cities enumerated above are
authodzed, pursuant to California Public Utilities Code §§99234.9, 99260.5 and 99400 to
undertake the activities described in the attached Joint Powers Agreement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lodi that:
1 . The City adopts, endorses and approves entering into the proposed Joint Powers
Agreement, attached hereto and incorporated by reference, and authorizes the Mayor of Lodi to
execute on behalf of the City all necessary documents;
2. Nominates and designates Phillip Pennino as the City's representative to serve
on the Rail Commission consistent with the terms of Paragraph 4 of the Joint Powers Agreement.
Dated: April 5, 1995
I hereby certify that Resolution No. 95-44 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held April 5, 1995 by the following vote:
AYES: Council Members - Davenport, Pennino, Sieglock, Warner and
Mann (Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
95-44
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A ing ty &Clerk
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