HomeMy WebLinkAbout1974-03-06; City Council; Resolution 33761
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RESOLUTION NO. 3376
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF OCEANSIDE FOR BUS SERVICE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and the City of Oceanside for bus service dated the 12th
day of March , 1974, a copy of which is attached hereto
and incorporated herein by reference is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad. adjourned
PASSED, APPROVED AND ADOPTED atBn/regular meeting of the
City Council of the City of Carlsbad, California, held on the
12th day of March , 1974, by the following vote, to wit:
AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES : None.
ABSENT : None.
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ATTEST :
(SEAL)
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TXIS AGREEXEHT is made and entered'into this day of
, 1974, by and between the CITY OF OCEANSIDE,
hereinafter called "Operator", and CITY OF
afLer called "Ckty" ,
CARLSBAD, herein-
. WITNESSETH:
WHEREAS, a regional and interconnected bus transportation
system is needed to serve the northerly portion of San-Diego
Corznty in the State of Cal-ifomia; arrd
I.J"?&4S, such a system,has been pk"d and the feasibility
thereof .+ has been reported upon by VTN Engineers, Architects,
Planners, in its report of November 1973, entitled, "North San
Diego Cotlnty Transit- Study - Transit Development Plan and frogram
and
IJHEXEAS , Operator currently operates a p~b2ic bus transpor-
tation system in a lhited portion of North San Diego County and
is able and willing to expand sane to provide a regional and
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interconnected system as recomended in said report; and
WHEWS, City desires to implement such reconmendations
within and serving City to the extent it is able to do so,- and
in aid thereof desires to contrace with'Operato2 pursuant to
$99288 of the Public Utilities Code of the State of California
for Operator to provide public bus transportation services within
the territory of City ("intracity system") and between City and
other points in North San Diego County (intercommunity system) ;
and
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. WHEREAS, Operator shall obtain a grant *from the Urban Mass
Transit Administration of the United States (UPITA) in order to
acquire thc additiona'l buses necessary to provide such services
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and will utilize its apportioilment of the Local Transportation
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-- j: unci (LTF) uionics cxeaised pursuant to the Milis -Alqtlis t--Deddeh .
Act (the "/ict"), C:;taptcr 4 of T)c.i-t 11 of Division 10 of tie
Public Etilit-ies Code, comer,clng with $99200, to the exzents sucl
grant is no2 sufficient: to acquire such buses; and
WliERUS, both Operator and City view this contracted rela-
tioi~ship as an intergm seep in the evcr,tual estab1lsh;nent of a
transit district ixi.thln Earth San Diego Courity as envisaged in
the above study by VTN Engkeers, Architects and Planners;
NOX, TWEREFOI:E, the parties hereto agree as follows:
Section 1,
Operator hereby agrees to provide public bus transportstion
PUBLIC BUS TRAXSPORTATION SYSTEN
services within the territory of City and to points outside of
CLty for the benefit of citiz-ens of aEd visitors to City, upon
routes, during the tines and UPOR the schedules set forth on
Exhibit "A", attached hereto and incorporated herein as if .set
forth in full.
marked and identified "North County Transportation System".
Operator shall provide, at its own expense, all personnel and
their s.7ages , salaries and employee benefits
all necessary buses for regular use for the intracity system),
property facil'ities , bus stop signs , operations and mainteEance,
insurance, administration, xcounting, marketing, requirgd
"viromenta1 studies, and zny other itens wh-ich may be necessary
ir appropriate to provide such public bus transportation services
and City shall only be liable therefor as is expressly set fordl
in Section #6 below.
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Such services shall be provided by means of buses
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equipment (including
Section 2. FARES AND TMNSERS
Operator agrees to set sucfi fares as the city Council OE
City may by resolution establish for passengers embarking within
territory of City.
fox- any passenger, regardless of po-int of enbarkatZon, transfers
w.:liich may be used for transferring Lrrm one bus route to another
Operator agrees to provide free of charge,
e
travel- avay fro22 his paint of embarkation.
be va1.id and usable for a period of not more than three hours
Said transfers shall
from the cime of issuance,
o.*.....
*.or.*..
*.*....
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Sgctibn 3. ADVERTISXEG.
Operator shall have conplete control
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over the sale of a11
advertising on any of the buses operated anywhere in the North
County Transportation Systai, provided however, that City sha-3.1
have the right to make use of any advertising space not under
contrzct oa any buses regularly utilized in the intracity system,
free for any advertising deerned reasonable by the City Manager in
promo~i~~g- con;nunity interests.
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Section 4. BUS STOPS-.
Specific blis stops 02 all routes in the vicinity of route
:rossings and in heavily travelled commercial areas shall be
3stablished by agreement of Operator's Transportation Manager and
Zity's Director of Public Works, Operator shall fumish azld City
;hall install appropriate bus stop signs marking such locations
Lnd City shall mark curbing appropriately for purposes of identi-
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!ying such stops. At all other portions of the system, buses
.hall stop at safe and convenient places for persons desiring
.o ' embark or disembark.
3)
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by the total nxmber of hours t.?hich exh indi-vidual bus is operated
wlthin tile territory of City pursuant to thh Agreement for both
tlre intracity and intercomunity systems Stlch costs per hour 13 '
34 I E5 jj maulccting and depreciation incurred in the operation of the Rorth
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1 County Transportation System as set forth in Exhibit. 1r3rr, 'attached
hereto and incorporated herein as if set forth in full.
payment per hour is initially established at the mount set forth
in ExhiSit 'rB''. and shall continue at such rate until modified 2s
hereinafter in this agreement provided.
Such ..
(b) All fare box revenues col.lected within terr-itory of
City shall be paid to and retained by Operetor and credited
against the total amount to be paid to Operator pursuant to
subsection (a).
(c) The difference between the arnount Operator is to receive
pursuant to subsection (a) and the amounts credited against such
amount pursuant to subsection (b) shall be paid from City's
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to include the claim of City within its cla5m to its apportion-
Inent fron sucfl fund, provided,. hcv7ever, that such claim must be
approvcci by the City Pianager of Clty prior to filimi.
permitted to be clairncd shall be determined on the basis of
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. cstirnatcs .o'f costs and revenues, such as is 'set forth on Exhibit B
€or tile initial year 02 operation. €:owever, after the close of
each ennual perioc! of operation, and after termination of this
agreeroent, the actual amount received by Operator and revezues
credited agz2nst same shall be determined and adjustments j-n the
arnount oic claims to City's. appor t i onmertt to the' LTF monies shall .
be r;l.ade in order that the ultimate amount actually received and
retained by Operator for each op-rating period frox all revenues
described in subsection (b) and pursuant to this subsection, shall
not exceed the amount properly receivable by Operator'in accord-
ance with subsection (a).
(d) In the event that.the City allocation of LTF monies
pursuant to the Act is not sufficient to pay the.amoun-t required
pursuant to subsection IC), City hereby agrees that it-will
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modify the aniotlnt of-services to be rendered hereunder by
Operator, or agree to pay the required amount for continuance of
the level of services desired from sources other than those
described in subsections (b) and (c). ..
(e) A11 cdpital funds necessary for acquisition of buses
necessary to render the services provided for hereunder shall be
provided by grant from UXTA, plus Operator's apportionment of
of
ZTF monies. c
Section 7. . REPORTS
Operator shall make available to City for inspection copies
11 applications to and all reports audits, budgets,
financial statements and other documents submitted to the trans-
portation planning agency designated pursuant to the Act (CPO).
Operator shall also furnish City ~7ith quarterly and annual written
reports of costs and revenues of each and every individual local
and intercommunity route throughout the entire North County
'franspor tn ti on System. .. -..
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AMitions, ciz.lztions or ciodifications oE routes I hours of-
operakion, scheiluies and r:umbers and types of buses may be
and placed into effect upon approval thereof by thz City Mclr?z.gers
01 r both Operator and City if any such additions, d.zletions or
modi.ficstions have not been disapproved of by the City Council
of City within fifteec (15) days after written notice thereof
has been mailed or personally delivered to each member of said
Council.
able changes in said matters as requested by City Manager of
Operator's City Manager shall agree to make all season-
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City.
Additior,s,deletions or modifications of transfer rights;
payment per hour and financing arrangements may be made and
placed into effect upon approval thereof by the City Managers
of both Operator and City if any such additions, deletions or modi
fications have not been disapproved of by either of the City
zouncils of either party hereto within fifteen (15) days after
qritten notice thereof has been rnailed or personally delivered to
3ach menber of each respective City Council.
jeietions or modifications of the Earth County Transportation
;ystem'and this Agreement, and those disapproved of by either City
Council may be made anc? placed into effect only upan amendment to
this Agreement approved by each respective City Council.
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All other additions,
Section 9. EP.!VIRONI%ENTAL CONSIDERATION
Operator is hereby designated as the Lead Agency as that
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term is defined in the "Guidelines for Implementation of the
lalifornia Environmental Quality Act of 1970, as amended
)scerr,ber 17, 1973'' (Chapter 3 of Division 6 of Title 14 of tllc
lalifornia Administrative Code, commencing with § 15000).
is Lead Agency, shall take a11 steps, makc all studies and p2r-
Operator
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form all requirements necessary: to comply fully with the Environ- 1 I i mental Quality Act of 1970 (Division 13 of the Public iiesour-es
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Code) as menScd szd as mc7-y ha-eaiker be 'm.endcd,
2c";o~s studies, repor%s evaluations and ocher docul-aerrts
produced in connection with OF2?XtOr's &ties pursuant to thrs
Cop:les or' all
section shall be fknished to City,
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Scci5on 10 IX!IEPET!DEiJT CONTLL4CTOR
Operator shall perfom ies obligations pursuane to this
t2il;reemen-t as an independent contrackor, and not GS an agent or
eiilphyee. Of City:
City, its agents, officers and employees shall n0.t be liable
for any clzims, liabilities, penalties, fines, or for zny darnagc ..
to goods, properties or effects of any person whatsoever, nor fc
personal iz1jurries to or death of them, or any of them, caused by
0% resulting from or claimed to have been caused by or resulting
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fieom any act or omission of Operator, or its agents, officers or .. .
employees; and Operator agrees to indemnify and save free and
hamless City and its agents, officers and employees against any
of the foregoing liabilities and claims therefor, and any cost
and experlse that is incurred by City on ~cccount of any claim
therefor.
Section 12 I~TSUBANCE
Operator shall carry and maintain in full force and effect
:hroughout the term of this Agreement, a public liability insur-
ince policy with a limit of coverage of not less than Five Millio
~ollars ($5,000,000) naming City as co-insured, and a copy of
,uch policy or binder shall be filed with the City Clerk of City
efore coatiencement of rendition of services hereunder, Operator
].so agrees ZO secure and maintain during the tem of this Agree-
ent, Workmen's Compensation insurance cover'ing all employees of
perator employed in the rendition of services hereunder, and
ha11 furnish City with certificates evidencing that - such fnsur-
ice is in effect.
(7)'
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tihe homx 2nd times xsorlced by any such laborer, v:orkman or
mechanic.
Section 14, PERFO?JfANCE EXCUSED
CTty agrees'that Operat-or shall not be obligated tu ren.der
the publlc bus transportation services provided for hereuilder -
unless and until necessary grznts frorn UNTA and allocations of
LTF monies have been made available for purchasing buses and 0th
items necessary or appropriate for the rendition' of such service
and such equipment h2s been delivered to Operator, provided,
however, that Cperator agrees to cliligenC3.y pursue the approval
of such grants and allocations and the securlng of such equipnen
Clty agrees that renditj-on o€ the public bus transportation
services by Operator pursuant to this Agreement shall be excused
&ile and so long Operator shall be prevented froia rendition
:hereof due to inability to procure fuel, tires or other necessa~
mpplies.
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Section 15 TE3.f khQ TEPJ~fIM'TIOb~ OF AGREEXEX'T
This Agreement shall become effective upon execution by both
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ai'ties hereto, but Operator shall not comence rendition of the
onkenplated public bus transportation services until it has in
t-s possession and operating, sufficient buses available for
ervi.ce in the intracity system and sufficient allocation of LTF
mies to .finance at least one year's operation.. The term of
lis Agreemen2 shall extend to the last day of the txelfth (12)
ilendar month next foIlOb7ing cominencement' of renditiorz of such
xvi-ccs, and annually thereafter, unless terminated by citAcr
Lrty by k:r-ittei? notice given to the othcr party, not . less than
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ncky (90) days prior to the date of desired ternination,
crm
City Max+, 70e~ City Manzger City of Oceanside
322 North Nevada 1200 Elm Avenue . . Uecanside, Ca, 92054
Cj-ty of Carlsbad
Carlsbad, California 92008
Agreement to be executed
mentioned.
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APPROVED AS. TO F0?31:
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APPROVED AS TO FORN:
VINCENT Y. EIONDO, JR,
City Attorney
the parties hereto have cawed this
the day and year first hereinabove
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CITY OF CARLSBAD
By . ,
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Operator will provide intracity service on the roirtes shown
on kttach;neats thro-qh #6 of Exhibit "A" on the schedules
shown on a such attechments. The hours of operation shall be:
Weekdays . . . . e . . . . 7 am to 8 pm
Saturdays. . . . . . ,, e e e . 8 2m to 6 pm
Sundays . . 0. e 0 e. 0 0 0 e .9amtofpIll
The scjsrice shall not be provihad OE. the following holidays:
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Memorial Day
July 4th
. .. Labor Day
Thanksgiving Day
Christmas Day
Operator shall also provide hourly intercoirtmcnity service
through Carlsbad 7 days per week from 7 an to 8 pm. c
EXH I BIT "A' '
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. Thz C::..rlsbad route is proposed to be TXZ once an hsw. The schedule should be cowdi nated uith the coastaJ interconunity route irhich also
, cperztes orice an, hour so one trip -is made approxixately every 30 minutes. -rfmns%rs to the other two 1'5i;cs, Greyhound 2nd the Coastal Route, r.ti17 be possible at Stc?te Street and Ella Avenue.
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Line 22. Line 22 is desr'gned to serve the'shopping areas and dowiltown Only one Otis is needed because almg Elm Street and the Camino Real Plaza, ft can corcplcte a round trip in 30 minutes.
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Line 23. tine 23 requixs approximately 1 hour to csmplete a round trip, Only one bus is recomr2ndeci because of the high cost and relatively Iu;! ridership. A second bLis may be added at a. later dale. to reduce the time bet~een buses (Ipdway) to 30 rririuks.
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Line 4. Based on the request of the City of Carlsbad, tine 4 recom- rriended for the City of Oceansids wi71 be extended to serw Rancho Carlsbad. via El Caniifio Real. therefore should be carefully nionitccred. No additional equipxznt is needed .
over the one sma7f bus specified. ,One hou,r service is .recoxrend&.
Projected ridership is quite low for this extension and .
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* . Attachment ffl
' to EXHIBIT ."Af1 .. .. . .' ..
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22 23 4.
7100 6400 9800
640 ' 656
1980 1200
20'00 .
2700 TO ta 1
System '380d 480
Totz1 Annual Total Aiinua? I Total Annual @pcr?iti'n'g Cost Fare Revenue Cost-Reven ues (in $70OO's) -. -7scsl Year (in $70~0'~)
1974-75
i975-76 104
-. .. 'Total for Car'fsbaci and Oceaiiside. Carlsbad's po~tion = 90
.t
'Carlsbsd's part is l/S of 2 buses = 1/4 bus
Xkrlsbad's part is 1/3 of 1 bus = 1/3 bus
Total for Carlsbad asid Oceanside, Carfsbad portion = 50
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a.
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m he gross cost per hour of $3,82 as used Tn the case formula i-s
broken do:m as fo'ilows:
(a> SupemisLon salaries (11) Garage expense
(c) Repairs to revenue equipmeac (parts) ((1) Repairs to revenlre equipnene (labor) (e) Service revenue equipinent
(€> Tires and cubes
TRAMSPOP\TL4TION EXPENSES . . . . . . .. e. . . e . ... . e ,$ --
(a) Supervision salaries , . (d) D-r-ivers wages
(cj Fuel and oil for revenue equipment (d) Advertising and other transportation expenses
TNSUMNCE EXP,ENSES 'i. b. 8. . . & . . . . . . .$
(a) Liability and property damage insurance (h) Fire, theft and comprehensive
(c) Social Security, Worlcmen' s Compensation, Retirement ..
AE~ITNTSTKATIVE .EXPEKSES O.... . . . . . . . ,. . . *. . .$ -
(a) Wages for Departmental office personnel
(b) Office supplies and services
(T;'OTE: This figure does no^ i.iiclude 'city-wide ada~iniserative
overhead i*e., personnel 2nd finance department proportionate
costs attributable to transportation department e) . +
(a> Includes depreciation OR buildings,. buses, (only that: part financed by LTF or local funds), fare boxes, shop and office equipment,
TAXES AND LICENSES , . . . . . . . e .'. . . e . . . . e . . ... , .$
(a> Fuel taxes
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EXHIBIT
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Ese2maced hours of operation for such year for systm
dcsc-ribcd on Exhibit 'iAr':
'Lnt.racf.ty s~s~t-m.~~O...DQI...C. 10,664 hours per year
iizcercomunity system.,..,..... 2,345 hours per year
TO.L-E;% hours per year.. . . . . m-
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.EsCfmated Cost Smary:
13,009 hours x $9.82 per hour ,,,....,....,,~ 127,748
Zess esthated fare box revenues..,..,..,,, (23,090)
. Esthiated balance to be claimed by Operator from City LTF allocation,..,,.,,S104,748
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EXHIBIT "B" Page 2 of 2,