HomeMy WebLinkAboutCC RES 76-3856
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RESOLUTION NO. 76-38
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA SUPPORTING CHANGES IN THE OCTD'S LEGISLATION
TO DEVISE WORKABLE GUIDELINES FOR MEETING THE PUBLIC
TRANSIT REQUIREMENTS OF THE PEOPLE OF ORANGE COUNTY
AND SUPPORT THE PASSAGE OF ASSEMBLY BILL NO. 2752
WHEREAS, the galifor'nia State Legislature and the citizens of Orange
County .have given the O'range County Transit District (OCTD) the responsibi-
lity for providing needed public trans.it services'throughout the .County;
and ' .
.WI-IEREAS, there is ever increasing demand to 8dd new routes and reduce
headways on existing OCTD fixed' routes aimed toward completing the system
and providing higher levels of service to the peopl~ of Orange County; anc~
WHEREAS, there is' ever increasing 'demand for community-level serv[ce
in Orange County to provide localities throughout the County with service
responsive'to specific community characteristics; and
WHEREAS, the OCT. D is greatly limited in instituting these higher levels
of service because of obstacles inherent.in its' enabling legislation; and.
Ii WHEREAS, the restrictions in the .OCTD enabling act are extens'ive enough ·
1411' tO prohibit the OCTD from expanding int'o programs that provide higher leve'ls I of service because OCTD cannot implement, serv.ice Where it might compete'
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with an existing system; and'
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" WHEREAS,. the competition need not be significant and there need' be no
· finding of actual competition, .only'that the potential exists; and
WHEREAS, OCTD must purchase the System with which it' may compete' before
service is implemented; and
WHEREAS,. because the purchase price requirements for exi'st[ng systems
are not based on fair market value but are based on gross revenues, the
purchase for'mula p!aces an un fair financial burden on the OCTD and the
peop!e of 13range County; and
WHEREAS, recent Dial-A-Ride litigation involving the £it'y of Orange'
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Dial-A-Ri'de system illustrates that the impacted t~axicab company projected
an annual net profit loss of approximately $200 following the implementation
of Dial-A-Ride; and .
WHEREAS, the cu.rrent purchase formula in the OCTD enabling legislatio, n
dictates that. before the Transit District can continue to operate the
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City of Orange Dial-A-Ride it must acquire the impacted taxicab compan,y'
at a cost of $1.3 million; and "
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WHEREAS, the OCTD must either pukchase the ex-isting system for' $!.3
million or cease operation of a Dial-A-Ride Service that in its infant
stages has been carryin'g up to 18,000 Passengers a month; and
WHEREAS, the restrictions found i'n OCTD's enabling act are peculiar'
to the Transit District in .Orange 'County; and -.
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WHEREAS, 'nine other transit agencies in the State'of Cali'fornia have
no such .restrictions or cost'ly ,buy-out procedures; and
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WHEREAS, it is not the intent of the OCTD to adversely affect
private enterprise; and ..
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WHEREAS, all current and proposed community-level systems would be
operated by p.rivate enterprise utilizing their own employees and operating.
strategies under contract, t.o OCTD; and
WHEREAS, OCTD board policy has been es tablished to always involve.
private enterprise whenever possible; and
WHEREAS,.repealing the competition and purchase provisions in t.he OCT'D
enabling act would make the District's legislation consistent with existing
statutes applicable to municipalities and.th'e majority of transit districts
throughout the State; and ~
WHEREAS, Assembly Bill No. 2752 has been introduced before the 1975-76
California State Legislature; and
WHEREAS, th is Bil!, if adopted, would delete the requirement that the
District purchase an existing transit service or system prior to establishing
any transit service or system which may compete with the existing transit
service or.system; and
WHEREAS, the Bill, if adopted, establishes a three step procedure for
determining just compensation for'private transportation systems in the
event there is competition from the Orange County Transit District; and
NOW, .THEREFORE, BE IT RESOLVED that the City of Tustin. does support
changes in the.OCTD's legislation to devise workable guidelines for meeting
the public transit requirements of the people of. Orange County.
BE IT THEREFORE FURTHER RESOLVED that the City of Tustin does support
the passage of Assembly Bill No. 2752.
BE IT FURTHER RESOLVED that copies of l~his Resolution be forwarded to
State Senators Dennis' Carpenter, James' E. Wiietmore, and Alfred E. Alquist,
£hairman of the Public Utilities Transit and Energy Committee, Assem61ymen
Robert E. Badham, John V. Briggs, Robert H. Burke, Paul B. Carpenter,
Bruce Nestande and Richard Robinson, Walt Ingalls, Chairman Assembly
Transportation Committee, and the Orange County Transit District.
PASSED AND ADOPTED at a regular meeting of the City of Tustin, CalifOrnia
held on the 3rd of May, 1976. ' ~
ATTEST: ' '
C Tt~ CLERK
...................... i'tAVO R .
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RUT[{ C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby ~
'certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. 76-38 was duly and regularly
introduced, read, passed ~nd .... [id'0pted at a regular meeting
of the City Council held on the 3rdday of May
19 76, by tile following vote- '
AYES:
NOES ·
ABSENT -
COUNCILMEN -
COUNCILMEN-
COUN CIL~'~[EN -
EDGAR, SALTARELLI, ¥%~ELSH, SCHUSTER
NONE
SHARP
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