HomeMy WebLinkAboutR-6854 Ratifying the San Luis Obispo Area Coordinating Council Joint Powers Agreement - San Luis Obispo Council of Governments (SLOCOG)RESOLUTION NO. 6854 (1990 SERIES)
A RESOLUTIN OF THE COUNTY OF THE CITY OF SAN LUIS OBISPO
RATIFYING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL
JOINT POWERS AGREEMENT AND ITS AMENDMENTS
BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain agreement and its amendments attached
hereto marked Exhibit A and incorporated herein by reference,
between the City of San Lius Obispo and member cities and the
County is hereby ratified and the Mayor is authorized to execute
the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
San Luis Obispo Area Coordinating Council, 1050 Osos Street,
San Luis Obispo, CA 93408.
On motion of Councilman Roalman seconded by _
Councilwoman Pinard and on the following roll call vote:
#C,
AYES: Councilmembers Roalman, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing resolution was adopted this 21st day of August
1990. ,
r'ffa--yor Ron Dunin
ATT T:
Pam Voges, Cityo Clerk
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R6854
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v A- 116 -90 -CC
FY 90 -91
JOINT POWERS AGREEMENT
SAN LUIS OBISPO AREA COORDINATING COUNCIL
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, and September 19, 1984, by
and among such of the incorporated cities of Arroyo Grande, Atascadero, E1
Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo,
all being municipal corporations of the State of California and located
within the boundaries of the County of San Luis Obispo, California, as may
execute.this Agreement, hereinafter called "CITIES," and the County of San
Luis Obispo, a body politic and corporate and a subdivision of the State
of California, hereinafter called "COUNTY," as follows:
WHEREAS, Section 6500, et seg., of the California Government Code
(Title 1, Division 7, Chapter 5, Article 1) provides for agreements
between two or more public agencies to jointly exercise any power common
to the contracting parties, subject to certain mandatory provisions con-
tained therein; and
WHEREAS, the City of San Luis Obispo by virtue of its charter, and the
other incorporated cities in the County, parties hereto, by virtue of Sec-
tions 65600 through 65604, inclusive, of the California Government Code
have the joint and mutual power to create an area planning commission,
herein designated "San Luis Obispo Area Coordinating Council."
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council and now wish to amend and supersede
the same; and
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A_11 G. nn nn
F.
1990 -1991 JOINT POWERS AGREEMENT PAGE 2
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WHEREAS, Section 29532, California Government Code, provides that such
a Planning and Coordinating Council shall be designated the Regional
Transportation Planning Agency to act in matters of transit and transpor-
tation planning; and
WHEREAS, it is desirable that a single agency be created by and with
the consent of CITIES and COUNTY to advise, plan for, and suggest solu-
tions to common problems; assist in the preparation of plans and programs
by utilizing planning talents and general plans of the various govern-
mental jurisdictions in the County and of experts in various other fields
and to coordinate their efforts; and
WHEREAS, creation of such an agency and action by it upon certain
plans and programs is necessary to comply with requirements of federal
and state legislation in order to participate in the allocation and
disbursement of state and. federal funds which may be desired by COUNTY
and CITIES in the implementation of plans and programs which have been
approved by their respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
The San Luis Obispo Area Coordinating Council is organized for the
M
permanent establishment of a forum for planning, discussion and study of
area -wide problems of mutual interest and concern to COUNTY and to CITIES;
for the development of studies and adoption of regional plans; to serve as
a regional agency for certain federal and state programs; and for other
actions commensurate with the desires of the member governments.
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II . NArKE
The official name of the organization hereby created shall be the "San
Luis Obispo Area Coordinating Council."
III. POWERS
The San Luis Obispo Area Coordinating Council hereinafter called "Area
Council," is hereby created as a voluntary agency pursuant to applicable
provisions of the California Government Code with the power to carry out
the purposes hereinabove stated and to implement the annual work program
approved by COUNTY and CITIES, including the power to contract for goods
and services; to provide for employment of necessary personnel, experts and
consultants; to accept gifts, loans, grants; and to administer the affairs
of the Area Council hereby created in accordance with this Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby
declared by COUNTY and CITIES that the debts, liabilities and obligations
of the Area Council shall not be the debts, liabilities and obligations of
any of the parties to this Agreement,.except as otherwise provided herein.
IV. MEMBERSHIP
1. Membership in the Area Council shall be voluntary, but only the
County of San Luis Obispo and all cities incorporated in the County of San
Luis Obispo presently or in the future, are declared eligible for member-
ship in the Area Council.
2. Representatives of the COUNTY and CITIES shall be appointed to
serve on the Area Council in accordance with procedures established by
each of the governing bodies of the member agencies. Representatives to
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PAGE 4
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the Area Council shall consist of the five members of the Board of Super-
visors of the County of San Luis Obispo from time to time in office and of
one additional member from the governing body of each incorporated city
within the boundaries of the County of San Luis Obispo which is a party to
this Agreement, with each incorporated area being limited to one represen-
tative. Representatives shall serve so long as they hold office with their
member agency or until they shall resign or be removed by a majority vote
of their respective governing bodies. Vacancies among representatives
shall be filled in the same manner as the first appointment.
3. Member agencies may elect to have an alternate member(s) in addi-
tion to any official member, but said alternate shall be able to vote only
in the absence of the official representative.
4. Designation of the official representative or alternate(s), or
changes thereto, shall be transmitted in writing to the Executive Director
of the Area Council by the appointing city or the county.
5. In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be incorporated within the
boundaries of the County of San Luis Obispo and which may desire to par-
ticipate in the activities of the Area Council may do so by executing this
Agreement without prior approval or ratification of the named parties to
this Agreement and shall thereafter be governed by all the terms and provi-
sions of this Agreement as of the date of execution.
6. Membership shall be contingent upon the execution of this Joint
Powers Agreement and subsequent annual ratification.
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V. OPERATION
1. The powers of the Area Council are advisory to the member agencies
which execute this Agreement except for those actions mandated by state or
federal law for the processing of applications submitted by any of the mem-
ber agencies for federal and state grants or funds which require action by
the Area Council. Nothing herein shall be construed to limit in any manner
the power of any of the parties to initiate and complete a local project
within their respective jurisdictions with their own funds. It is under-
stood, however, that the recommendations of the Area Council may have the
effect of precluding any favorable action by an agency of the state or fed-
eral government in support of such a project if other than local financing
is sought, as determined by the respective state or federal agency under
law, regulations and policies applicable to them.
2. Except as otherwise provided herein, there shall be no costs
incurred by Area Council pursuant hereto, other than expenses of its
members, which are to be borne by their respective entities, and the cost
of services by the officers and personnel of the respective entities to
said Area Council, upon approval of such services by the governing bodies
hereof, shall likewise be borne by the respective entities.
All costs incurred by Area Council performing functions as the regional
transportation agency for San Luis Obispo County as designated by the State
shall be paid out of the transportation fund established pursuant to
Section 29530, et seq., Government Code as provided for therein.
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3. Costs of Area Council for each fiscal year which are necessary for
the ordinary operation of the Area Council, including but not limited to
office space, furniture, supplies and postage; and excepting those func-
tions performed as the regional transportation agency, shall be borne by
COUNTY in an amount approved by the Board of Supervisors in the annual
county budget. Extraordinary costs as recommended by the Area Council
shall be borne by contributions from the member entities as approved by
their' governing bodies.
Costs of all activities undertaken by Area Council as the Regional
Transportation Planning Agency shall be forth in the budget as part of
the annual work program of Area Council and shall be funded from the trans-
portation fund pursuant to applicable state statutes.
4. The annual work program and budget, when adopted shall be the
basis for operation of Area Council for the fiscal year. Any deviation
from the work program affecting the budget shall be returned to the member
agencies for approval.
S. For purposes of conducting business, there shall be present a
quorum consisting of a majority of representatives, including two COUNTY
representatives. No action shall be effective without the affirmative
votes of a majority of those.present. However, eight (8) affirmative votes
shall be required for taking any action in the event any agency demands
such a vote. The representatives to the Area Council shall adopt such pro-
cedures as are consistent with this Agreement and necessary to conduct the
business of Area Council in an orderly manner.
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VI. OFFICERS
1. The officers of the Area Council shall consist of a President and
Vice - President elected for a term of one year by a majority vote of member
agency representatives to the Area Council.
2. Both the President and Vice - President of Area Council shall be
elected at the May meeting (annual meeting).
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President
1) Shall preside over all meetings of the Area Council as
Chairman.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities
of said Area Council.
4) Shall be an ex- officio member of all committees.
5) Shall execute all .contracts and legal documents on
behalf of the Area Council.
b. Vice - President
1) Shall serve as Chairman pro - tempor in the absence of
the President.
2) Shall give whatever aid necessary to the President in
administering of the Area Council.
3) Shall be an ex- officio member of all committees.
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5. In the event of a vacancy occurring in the office of either the
President or Vice - President upon said officer's death, resignation, removal
or his ceasing to be an official representative of a member city of the
County of San Luis Obispo, such vacancy will be filled by majority vote of
the Area Council, the officer elected to serve for the balance of the
unexpired term.
VII. STAFF
1. The Area Council shall appoint an Executive Director to serve at
its pleasure, who will perform the following duties and such others as may
be assigned by Area Council.
a. Prepare and submit the annual work program and budget to the
Area Council for its approval and to the parties hereto for
ratification.
b. Shall keep an accurate account and file of all meetings.
C. Shall disburse all funds in accordance with the policies of
the County - Treasurer and the County Auditor /Controller and
the budget and work program adopted by the Area Council.
d. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the Area Council on
all committees.
f. Shall insure that Area Council renders a written year end
report reflecting activities of the preceding fiscal year,
said year end report to be distributed to each of the
participating member bodies.
1990 -1991 JOINT POWERS AGREEMENT PAGE 9
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g. Shall be responsible for directing those employees authorized
by the Area Council in the budget. Employees are to be
appointed by the Area Council on the recommendation of the
Executive Director and to serve at the pleasure of the Area
Council.
2. The Executive Director of the Area Council shall have charge of,
handle and have access to, any property of the Area Council.
3. The Executive Director, Treasurer, and Auditor - Controller shall
be bonded or self- insured through the county in -lieu of bonds (in
accordance with Government Code Section 24156) in the sum of $1000.
VIII. MEETINGS
1. Regular meetings of the Area Council shall be held at least six
(6) times a year or at more frequent intervals as approved by the Area
Council.
2. Special meetings may be called by the President or upon written
request of at least three (3) representatives of the Area Council.
Actual notice of special meetings must be given at least three (3)
business days in advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally field in the first week of
January, March, May, July, September and November, or as specified in the
annual meeting calendar adopted in May. The May meeting shall be
designated the "annual meeting."
1990 -1991 JOINT POWERS AGREEMENT PAGE 10
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S. The Executive Director of the Area Council will direct the
publication of notices of all meetings pursuant to state law.
6. Only official representatives or alternates shall represent a
member of the Area Council or vote on any motion before the Area Council.
7. The meeting agenda shall be prepared by the Executive Director to
the Area Council. Agenda material shall be submitted to the Executive
Director at least twenty -one (21) calendar days prior to the next regular
meeting and distributed to members at least fourteen (14) calendar days
prior to the next regular meeting to allow member agencies to advise their
representatives on tentative vote subject to independent judgement of dele-
gate based on public testimony. Unless authorized by majority vote of the
representatives at a regular meeting, only agenda items shall be considered
by the Area Council.
8. The Area Council, at the discretion of the President, may
memorialize any of its actions by resolution.
9. Robert's Rules of Order or such other rules as the Area Council
may adopt will govern all proceedings not specifically provided for herein:
law.
10. Executive sessions shall be held in accordance with applicable
11. The Area Council shall hold public hearings for the adoption of
Regional Plans.
12. Minutes of all Area Council meetings shall be kept by the Execu-
tive Director to the Area Council and shall be submitted to member
agencies.
o c
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IX. COMMITTEES
1. Committees and subcommittees may be established as the Area
Council may deem appropriate.
2. Membership on "ad -Hoc" policy committees shall be at the discre -
tion of the President. Nothing herein shall be construed to limit member-
ship on these aforesaid committees to officials of the member agencies.
The President may appoint any individual deemed qualified to serve on a
committee.
3. Standing committees shall include the Administration. Committee,
comprised of all managers and administrators of member jurisdictions; the
Legal Committee, comprised of all city and designated county attorneys;
the Planning Committee, comprised of all agency planning officials
appointed by their respective agencies; the Public Works Committee, com-
hi
prised of all agency engineering officials appointed by their respective
agencies; the Technical Transportation Advisory Committee (TTAC) and the
Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum
of Understanding between the California Department of Transportation and
the Area Council; and the. Transit Productivity Committee as required by
Section 99224 and Section 99238 of the Public Utilities Code. The Area
Council may organize such other technical advisory committees as it deems
necessary to carry out Area Council functions.
4. No committee shall commit the Area Council on any matter or ques-
tions of policy. Such matters or questions can only be decided by the Area
Council.
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5. All committees shall receive clerical assistance from the Area
Council staff for' the purpose of maintaining minutes of meetings and other
such duties as the Executive Director may direct. The chairman of each
committee shall sign the original copy of the minutes indicating his verif-
ication of contents. Copies of minutes of all meetings shall be sent to
members of the Area Council and the Executive Director.
X. FINANCE
1. The Area Council shall have no power to expend funds on any proj-
ect for which funds have not been budgeted, nor on any item in excess of
the budgeted amount without specific approval of two - thirds of the
governing bodies of the member agencies including COUNTY.
2. The Treasurer of the County of San Luis Obispo is designated the
depositary, and he shall have custody of all money of the Area Council
from whatever source received. It is further understood that the Auditor/
Controller of the County of San Luis Obispo is, as such, auditor of the
Area Council.
RI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to
assign representatives to serve as official members of the Area Council or
any committee or subcommittee thereof who shall act for and on behalf of
their city or county in any or all matters which shall come before the Area
Council, subject to any necessary approval of their acts by the governing
bodies of CITIES and COUNTY.
C,
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2. Any party to this Agreement may withdraw from the San Luis Obispo
Area Coordinating Council and terminate its participation in this agreement
by resolution of its governing body. The withdrawal of the member shall
have no effect on the continuance of this Agreement among the remaining
members and the Agreement shall remain in full force and effect as respects
the remaining members.
3. A member withdrawing shall not be liable for the payment of
further contributions falling due beyond the date of withdrawal and shall
have no right to reimbursement of any monies previously paid to Area
Council, provided, however, that Area Council may authorize a reimbursement
if in its judgment such reimbursement is fair and equitable and can be done
without jeopardy to the operation of the Area Council. If any party hereto
fails to pay its contribution, as determined by Area Council, said entity
shall be deemed to have voluntarily withdrawn from the Area Council.
4. Area Council may be dissolved at any time and this Agreement
rescinded by a joint agreement executed by COUNTY and CITIES which are
parties hereto. Said rescision Agreement shall provide for the orderly
payment of all outstanding debts and obligations and for the return of any
surplus funds of Area Council in proportion to the contributions made.
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or
mayor and clerks of the governing bodies of the County of San Luis Obispo
and at least four (4) 'cities, pursuant to resolutions of such governing
bodies authorizing such execution and shall remain in full force and effect
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1990 -1991 JOINT POWERS AGREEMENT
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until dissolved pursuant to the provisions herein. This Agreement may be
executed in eight (8) counterparts which together shall constitute a single
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
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1990 -1991 JOINT POWERS AGREEMENT
0663 -1 /111
CITY OF ARROYO GRANDE
By:
Mayor
Clerk
CITY OF ATASCADERO
By:
yor
Clerk
CITY OF GROVER CITY
By:
Mayor
Clerk
CITY OF MORRO BAY
By: _
Mayor
Clerk
CITY OF PASO ROBLES
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PAGE 15
07 -17 -90
Date:
Resolution No.
Date:
Minute Order
Date:
Resolution No.
Date:
Resolution No.
By: Date:
Mayor
Clerk
CITY OF PISMO BEACH
By:
Mayor
Clerk
CITY OF SAN LUIS OBISPO
By: ,
Z yor
u,,, -
Clerk
Minute Order
Date
Minute Order
Date:
Resolution No. d s
e
G
JOINT POWERS AGREEMENT
PAGE 16
COUNTY OF SAN LUIS OBISPO
By:
Chairman
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy Coin, ty sel
Dated: (Q ` r., (96
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7 -20 -89
R -1 -19
Date:
Minute Order
El
JOINT POWERS AGREEMENT
PAGE 4
2. Representatives of the COUNTY and CITIES snall be appointed to
serve on the Area Council in accordance with procedures established by
each of the governing bodies of the member agencies. Representatives to
the Area Council shall consist of the five members of the Board of
Supervisors of the County of San Luis Obispo from time to time in office
and of one additional member from the governing body of each incorporated
city within the boundaries of the County of San Luis Obispo which is a
_party to this Agreement, with each incorporated area being limited. to one
representative. Representatives shall serve so long as they hold office
with their member agency or until they .shall resign or be removed by a
majority vote of their respective governing bodies. Vacancies among
representatives shall be filled in the same manner as the first
appointment. APPROVE
(c Amended
3. Member agencies may elect to have —ea-, alternate member in
addition to any official member, but 'said alternate shall be able to vote
only in the absence of the official representative.
4. Designation of the official representative or alternat e (S) or
changes thereto, shall be transmitted in writing to the Executive
Director of the Area Council by the appointing city or the county.
5.. In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be incorporated within the
boundaries of the County of San Luis Obispo and which may desire to
participate in the activities of the Area Council may do so by executing
this Agreement without prior approval or ratification of the named
B -1 -7
E
3.
1)
JOINT POWERS AGREEMENT
PAGE 11
11. The Area Council shall hold public hearings for the adoption of
Regional Plans.
12. Minutes of all Area Council meetings shall be .kept by the
Executive Director to the Area Council and shall be submitted to member
agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as the Area
Council may deem appropriate. APPROVED
" ad -Noc. Fel;cy as Amended
2. Membership onncommittees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on
these aforesaid committees to officials of the member agencies. The
President aay appoint any individual deemed qualified to serve on a
committee./ Standing committees shall include the Administration
Committee, comprised of all managers and administrators of member
jurisdictions; the Legal Committee, comprised of all city and designated
county attorneys; the Planning Committee, comprised of all agencAPPRO V
AWDNO7ED as_Amendee
planning officials - nemiaeted- by their respective agencies; the Public
Works Committee, comprised of all agency engineering officials A�omz e,
by their respective agencies; the Technical Transportation Advisory
Committee (TTAC) and the Citizen's .Transportation Advisory Committee
(CTAC) as per the Memorandum of Understanding between the California
Department of Transportation and the Area Council; and the Transit
Productivity Committee as required by Section 99224 and Section 99238 of
the Public Utilities Code. The Area Council may organize such other
technical advisory committees as it deems necessary to carry out Area
Council functions.
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