HomeMy WebLinkAbout_ 4.2(d)--Amend RABA Joint Powers AgreementC IT Y OF
REMDINO�"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: March 19, 2024
FROM: Steve Bade, Assistant City
ITEM NO. 4.2(d)
Manager, John. Andoh,
Transit Manager
***APPROVED
BY***
n
tee I S, er 2=2312024
r' ,pp n,, C -i ars e
shade@cityofredding.org, jandoh@cityofredding.org
btippin@cityofredding.org
SUBJECT: 4.2(d) --Amend RABA Joint Powers Agreement
Recommendation
Approve the First Amendment to the Amended and Restated Joint Exercise of Powers
Agreement for the Operation of the Redding Area Bus Authority (RABA) which would modify
the defined service area subject to RABA Board approval.
Fiscal Impact
There is no fiscal impact to the City of Redding, as the Redding Area Bus Authority (RABA) is
funded by fares, and state and federal grants.
Alternative Action
The City Council may decline to approve the changes to the Joint Exercise of Powers Agreement
(JPA). The RABA service area would remain unchanged and current JPA language regarding
transit services outside of the service areas would remain. Without the change in the JPA service
area, current rural transit administration inefficiencies would remain, and some state and federal
transit funding could go unused.
Background/Analysis
Pursuant to the JPA between the County of Shasta and the Cities of Anderson, Redding, and
Shasta Lake, RABA provides transit services to the RABA service area. RABA staff is
proposing to modify the JPA to change the defined service area to encompass the entire County
of Shasta. Currently, the defined transit service area is roughly equivalent to the urban area
encompassing the three cities and the unincorporated area around and between them. The
proposed change would bring new transit opportunities to unincorporated areas and would pave
the way for RABA to become the county's designated rural transit provider.
Report to Redding City Council March 12, 2024
Re: 4.2(d) --Amend RABA Joint Powers Agreement Page
At this time, the Shasta County Department of Public Works is the designated rural transit
provider and contracts separately with. RABA for rural transit services outside of the defined
transit service area. As proposed and if approved, RABA would be the designated rural transit
provider thereby allowing the region to better utilize state and federal transit funding that is
earmarked solely for rural transit.
In addition, RABA is proposing to amend the JPA to clarify that the RABA Board may authorize
transit operations outside of the JPA service area, provided such action offered is a benefit to the
residents of Shasta County. This clarification was prompted by RABA's new opportunity as part
of the Amtrak Thruway program to provide service to Red Bluff and Chico which provides bus
and rail connectivity.
Pursuant to the JPA, the RABA service area boundary may be modified from time -to -time by the
RABA Board, but only upon obtaining the formal consent of each party's governing board or
council where there is a proposed change within its jurisdiction. Considering this action affects
the whole service area, RABA staff needs support from each jurisdiction's board or council to
move forward.
Environmental Review
This action is not a project as defined under the California Environmental Quality Act, and no
further action is required.
Council Priority/City Manager Goals
• Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
Attachments
^RABA First Amendment to JPA
^RABA 1997 JPA - Track Changes
FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE
OF POWERS AGREEMENT FOR THE OPERATION
OF THE REDDING AREA BUS AUTHORITY
The Amended and Restated Joint Exercise of Powers Agreement dated December 16, 1997,
between the County of Shasta, City of Anderson, and City of Redding (collectively, the
"Participating Agencies") is hereby amended.
WHEREAS, since November 1976, the County of Shasta, City of Anderson and City of
Redding (the "Parties") have been members of a Joint Powers Agreement, known as the Redding
Area Bus Authority (RABA), for the purpose of providing transit and transportation services
within their respective jurisdictions; and
WHEREAS, the Joint Powers Agreement has been amended from time to time with the
most recent being the Amended and Restated Joint Exercise of Powers Agreement (the
"Agreement") dated December 16, 1997; and
WHEREAS, Section D.2. of the Agreement defines the service area of RABA as certain
urbanized portions of Shasta County, including all areas within the cities of Redding, Anderson,
and Shasta Lake, and certain adjacent areas in the unincorporated area of the County of Shasta, as
depicted on an attached Exhibit A; and
WHEREAS, Section B.2. of the Agreement provides that BABA may provide transit
services outside of the RABA service are as may be determined by separate service agreements
with individual participating agencies; and
WHEREAS, by this Amendment, the Parties intend to broaden the scope of the service
area to include all incorporated and unincorporated areas of the County of Shasta; and
WHEREAS, by this Amendment, the Parties also intend to authorize service outside of
the defined service area in cases where there is a benefit to the residents of the County of Shasta.
NOW, THEREFORE, the Participating Agencies incorporate and adopt the recitals set
forth herein and agree to amend the Amended and Restated Joint Exercise of Powers Agreement
dated December 16, 1997, as follows:
I. The RECITALS are amended to read in their entirety as follows:
WHEREAS, the parties desire to coordinate their efforts to provide public
transportation services for the benefit of the residents of the County of Shasta through a
single public agency to the extent feasible; and
WHEREAS, to affect such coordination the parties wish to establish an authority
to operate a public transit system serving the Cities of Redding, Anderson and Shasta Lake,
and unincorporated Shasta County (collectively to be referred to as the "RABA Service
Area"), pursuant to the Joint Exercise of Powers Act (commencing with Section 6500 of
the Government Code); and
WHEREAS, by the formation of a new joint powers authority ("JPA") the cities of
Anderson and Shasta Lake can formally join the City of Redding and the County of Shasta
in governing the delivery of local public transportation services.
Il. Section B. is amended to read as follows:
B. Powers and Duties. RABA shall have the following powers and duties, each to be
exercised by approval of the RABA Board:
III. Section B.2. is amended to read in its entirety as follows:
2. Provide transit services outside the RABA Service Area as may be determined by
separate service agreements with individual participating agencies provided that
there is benefit to the residents of the County of Shasta.
IV. Section D.1. is amended to read in its entirety as follows:
1. The RABA Service Area is the incorporated and unincorporated areas within the
County of Shasta.
V. Section K. is added in its entirety to read as follows:'
K. Counterparts/Electronic, Facsimile, and PDF Signatures
VI. Exhibit A is hereby removed from the Amended and Restated Joint Exercise of Powers
Agreement dated December 16, 1997, and shall have no further force or effect.
VII. All other terms and conditions of the Amended and Restated Joint Exercise of Powers
Agreement dated December 16, 1997, shall remain in full force and effect.
VIII. The date of this Amendment shall be the date that it is signed by the last of the Participating
Agencies.
IN WITNESS WHEREOF, the Participating Agencies have executed this Amendment on the
days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: 2024
By: , Mayor
APPROVED AS TO FORM:
Christian Curtis
City Attorney
SHARLENE TIPTON, City Clerk
DATED: .2024
COUNTY OF SHASTA
By: , Chair
ATTEST: APPROVED AS TO FORM:
Joseph Larmour
County Counsel
Clerk of the Board
DATED: 2024
ATTEST:
City Clerk
By:
APPROVED AS TO FORM:
Colin Bogener
City Attorney
Mayor
DATED: 2024
ATTEST:
City Clerk
CITY OF SHASTA LAKE
By:
APPROVED AS TO FORM:
John Kenny
City Attorney
Mayor
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
OPERATION OF THE REDDING AREA BUS AUTHORITY
THIS AGREEMENT is entered into by and between the COUNTY OF SHASTA ("County"),
the CITY OF REDDING ("Redding"), the CITY OF ANDERSON ("Anderson") and the CITY OF
SHASTA LAKE ("Shasta Lake"), sometimes herein referred to collectively as the "participating
agencies" or "parties".
RECITALS
WHEREAS, the parties desire to coordinate their efforts to provide public transportation
services for the benefit of the residents of the County of Shasta in-gha4a-Geuflty�-through a single
public agency to the extent feasible; and
WHEREAS, to effect such coordination the parties wish to establish an authority to operate
a public transit system serving the Cities of Redding, Anderson and Shasta Lake, and eertainidj-ac-g
i+rbanizi*g-area s -i -n -unincorporated afeas-4-Shasta County (collectively to be referred to as the
'RABA Service Area"), pursuant to the Joint Exercise of Powers Act (commencing with Section 6500
of the Government Code); and
WHEREAS, by the formation of a new joint powers authority ("JPA") the cities of Anderson
and Shasta Lake can formally join the City of Redding and Shasta County in governing the delivery
of local public transportation services.
follows:
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN the parties hereto as
A. Joint Powers Authority Creation. There is hereby created a separate public entity to
be known as the Redding Area Bus Authority (herein "RABA"). _
B. Powers and Duties. RABA shall have the following powers and duties, each to be
exercised by approval of the RABA Board:
1. To adopt and implement fixed bus routes and demand -response services, and
hours of operation for each, in those areas identified in Section D of this agreement as the "RABA
Service Area".
2. Provide transit services outside the RABA Service Area as may be determined
by separate service agreements with individual participating agencies.__as—ffh --mm nme-d--by
be appropriate.
3. To adopt and implement transit fares.
4. To prepare and submit applications for state and federal grant funds as may
5. To adopt an annual budget, and any revisions thereto.
6. To administer an annually proposed and adopted budget to finance RABA
operations, and to finance the acquisition of buses and other real or personal property necessary for
system operation and maintenance.
7. To obtain and maintain in force insurance against loss in the operation of the
system , such insurance to name each party hereto as an additional insured.
8. To incur debts; liabilities or obligations. To the extent permitted under state
law, and pursuant to provisions of Government Code Section 6508.1, the debts, liabilities and
2
obligations of RABA shall be its own and shall not constitute the debts, liabilities and obligations
of any of the member jurisdictions.
9. To acquire, construct, manage, maintain, or operate any building, works, or
improvement and to acquire rolling stock and other capital facilities. .;J.;
10. To acquire, hold, and dispose of real or personal property.
11. To sue and be sued in its own name.
12. To exercise the power of eminent domain.
13. To exercise all other powers and duties authorized by Government Code
§6500 et seq., except as otherwise limited herein.
C. Governing Board Composition.
1. The RABA Board shall be composed of eight (8) members, each of whom
shall be elected members of the Board of Supervisors or City Councils of the participating cities.
2. Membership on the RABA Board shall be apportioned between the County
and the cities as follows: the City of Redding shall have five (5) members, and the County and Cities
of Shasta Lake and Anderson shall each have one (1) member. In each case appointments to the RABA
Board shall be made by the Board of Supervisors or city council of which the appointee is a member.
3. RABA Board appointees shall serve at the pleasure of their respective
appointing authorities.
D. RABA Service Area.
1. The RABA Service Area
ffic ind unincorporated areas wifl-flri ',LOur-Lty Sl-gstt s--mkwe
3
2. The RABA Service Area boundary may be modified from time to time by the
RABA Board, but only upon obtaining the formal consent of each party's governing board or council
where there is a proposed change within its jurisdiction.
E. Staff and Legal Counsel.
Authority.
1. The City of Redding shall provide staff assistance and legal counsel to the
2. The City of Redding Treasurer shall be the RABA Treasurer, and the City of
Redding Finance Officer: shall be the RABA Controller. RABA shall provide for an independent
audit of all its books and accounts at least annually.
3. The reasonable cost of the above mentioned City of Redding services shall
be deemed a cost of operation, and the City shall be reimbursed from RABA operating funds.
4. The Redding City Clerk shall be designated as the RABA agent authorized
to accept service of process.
5. Notwithstanding any provisions of this agreement to the contrary, RABA's
staff, legal counsel, treasurer and controller, and the official to be designated as its agent for service
of process may be initially designated or subsequently changed by a simple majority vote of the
F. System Operation and -Improvements.
1. Any public transportation system operated under this agreement shall be
operated in the nature of RABA and not the parties hereto.
2. RABA shall adopt all rules and regulations necessary for the operation of the
system. RABA shall have authority to implement all traffic control measures necessary for operation
of the system, including, but not limited to, the location and placement of stops, benches, shelters
and curb cuts after obtaining appropriate encroachment permit(s) from affected Jurisdiction. Costs
for these items will be considered a part of the system capital costs as determined appropriate by the
RABA Governing Board.
3. Operating details and level of service decisions shall require the affirmative
vote of a majority of the RABA Board members from each affected participating agency.
G. JPA Financing.
1. Pursuant to applicable Transportation Development Act ("TDA") statutes
(commencing with Public Utilities Code Section 99200), each party is and shall continue to be a
claimant jurisdiction which is entitled to receive TDA funds upon submittal of a proper claim to and
approval thereof by the Shasta County Regional Transportation Planning Agency ("RTPA"). However,
to effect the objectives of this agreement, and as a matter of administrative convenience, each
participating agency hereby authorizes RABA to serve as its agent for the purpose of claiming and
receiving allocations for that portion of its TDA apportionment attributable to the RABA service area.
2. In exercising its powers RABA shall proceed in a way that results in system
operation based on the RTPA funding formula then in effect. Interest accrued on idle RABA funds
shall remain in its entirety with RABA or if the RABA Board determines there is an excess of funds,
the distribution of the funds shall be in proportion to the financial contribution of each one of the
parties to this agreement.
3. The parties intend that the claimed TDA funds will be used by RABA to
generate federal and state matching grant funds for the public transportation system contemplated
5
herein as may be available such that no local funds will be required, unless an individual participant
agency wishes to further enhance transit services within its jurisdiction by utilizing other available
fund.
H. Termination and Withdrawal.
1. This agreement may be terminated by the agreement of all parties.
2. Upon termination of the JPA, if all assets and obligations shall be sold and the
proceeds distributed to the parties on the basis of population (i.e., that portion of the entire service
area population• residing within each participating jurisdiction) at the time of termination, except that
the Cities of Shasta Lake and Anderson shall be entitled to a portion of the proceeds only upon having
been a JPA member for at least five years. Where the asset can be determined to have been purchased
by an individual agency, the distribution of the asset shall be to said agency.
3. Any party may withdraw as a participating agency in the JPA upon twelve
months advance written notice of such intent.
4. Following the withdrawal ofa party from the JPA, the remaining parties shall
pay to the withdrawing party the fair market value of its local share RABA interest (i.e., that portion
of the withdrawing party's interest not funded or purchased with special funding sources including
state and federal funds) based on the population formula set forth in paragraph G.2. Provided,
however, that the fair market value of any portion of the system within the withdrawing party's service
area that is continued in operation at the sole election of the remaining parties shall not be included in
the local share distribution to the withdrawing party. Such a payment may, at the option of the
remaining parties, be paid in no more than ten (10) equal annual installments with accrued interest at
the then existing legal rate.
0
Effect on Prior Agreements.
1. This agreement shall amend and supersede any prior agreements between the
City of Redding and the County concerning the provision of public transportation services through
creation of a j oint powers authority, including that dated June 4, 1985, as amended on February 19,
1991, except as otherwise provided herein.
2. The assets, liabilities, rights, duties and obligations of RABA, as previously
formed, governed and administered by prior agreement between the County and Redding, shall be
fully transferred to and accepted by the joint powers authority herein established.
K. Effective Date.
This agreement shall be effective on December 16, 1997, and shall continue
in full force and effect until terminated as provided herein.
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IN WITNESS WHEREOF, the parties hereto have authorized their representatives to
execute this document this 9th day of December 9 1997.
R-E-DDING-AMLA 9-11"UT H -M -IT,, -Y -
SHASTA LAKE
SERV4C,"REAM/411
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