HomeMy WebLinkAbout08/20/1991, C-8 - CONSIDERATION OF RATIFYING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT. IIIII���`I`I�IIIIIIIII II MEETING DATE:
III IDjI��U� city of san tins oBispo -moo-�;
Gii% COUNCIL AGENDA REPORT ITEM NUMBER: -�
FROM:
Ken Hampian, Assistant City AdministrativeOf. ficerYC"
Prepared by: Harry Watson, Transit Manager
SUBJECT:
Consideration of ratifying the San Luis Obispo Area
Coordinating Council Joint Powers Agreement.
CAO RECOMMENDATION:
Adopt resolution ratifying the Joint Powers Agreement and its
amendments between the City and member cities and the County,
and authorizing the Mayor to sign the JPA on behalf of the
City.
BACKGROUND:
The SLO Area Coordinating Council (SLOACC) was created through
a Joint Powers Agreement (JPA) with its member agencies to act
in matters of transit and transportation planning. The
attached agreement (Exhibit A) specifies the purpose, powers,
membership, staff and financing. Section IV of this agreement
requires annual ratification by its member agencies.
Staff considers this ratification and amendments a formality
which simply keeps the City in compliance with the JPA
provisions.
ALTERNATIVES:
1. Approve the annual ratification of the SLO Area
Coordinating Council Joint Powers Agreement.
2 . Do not approve the annual ratification of the SLO Area
Coordinating Council Joint Powers Agreement.
CONCURRENCES:
Historically, the County of San Luis Obispo and the Cities of
Arroyo Grande, Atascadero, Grover City, Morro Bay, Paso Robles
and Pismo have been members of the JPA. Presently, the County
and each of the cities are considering the annual
ratification.
ATTACHMENTS:
Resolution
Exhibit A
\hwjpa
-�-
RESOLUTION NO. (1991 SERIES)
A RESOLUTION 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 Luis 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, County Government
Center, San Luis Obispo, CA 93408.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of
1991.
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
CSP-2
RESOLUTION NO. (1991 SERIES)
Page 2
APPROVED:
/City Administrative Officer \
Pi !� Atrney
\HWJPA
�'�-3
San Luis Obispo Area Coordinating Council Arroyo Gasca
rr yoGoa nde
Atero
Grover City
Morro Bay
�� and Regional Transportation Planning Agency Paso Robles
Pismo Beach
San Luis Obispo
- San Luis Obispo County
July 19, 1991
TO: AREA COORDINATING COUNCIL JURISDICTIONS
FROM: RONALD DE CARLI, EXECUTIVE DIRECTOR
SUBJECT: FY 91-92 JOINT POWERS AGREEMENT (JPA)
Enclosed is the Joint Powers Agreement for FY 91-92 for your ratification,
which was approved by the San Luis Obispo Area Coordinating Council, at the
meeting of July 17, 1991, with a motion made by Delegate Laurent, seconded by
Delegate Ovitt, and on the following roll call vote:
AYES: Delegates Laurent, Ovitt, Blakely, Borgeson, Brackett, Comstock,
Delany, Moots and Acting President Morrow
NOES: None.
ABSENT: Delegates Iversen, Rappa and Sheetz.
ABSTAIN: None.
After ratification, please complete the signature page in the appropriate
location and return to our office. Thank you for your cooperation. Please
call me at 549-5714 if you have any questions.
PR/cl/1073-1( 2)
07-19-91
RECEIVE ®
JUL 2 3 1991
6"*"CLERK
siW.curs ostsPO,CA o !
County Government Center, San Luis Obispo, CA 93408 (805) 549-5612
(000� ��)
SAN LUIS OBISPO AREA COORDINATING COUNCIL
• STAFF REPORT
MEETING DATE:
July 10, 1991
SUBJECT:
ANNUAL RATIFICATION OF JOINT POWERS AGREEMENT
SUMMARY
The San Luis Obispo Area Coordinating Council was created through a Joint Powers Agreement
with its member agencies. The agreement specifies the purpose, powers, membership, staffing
and financing of the Area Council. It is required by Section IV that all member agencies annually
ratify this Agreement No amendments to your Council's Joint Powers Agreement have been
suggested for consideration during this year's annual ratification process.
RECOMMENDATION
Authorize distribution for member ratification
DISCUSSION
During the past ratification cycle, your Council concurred with a recommendation from the City
of Atascadero to modify Section IV, subsection 3 and 4 to provide cities the authority to appoint
more than one alternate member to the Area Council. Additionally, your Council updated several
provisions pertaining to committees which gave the authority to the President to appoint
membership to Area Council Committees. The amendment clarified the President's authority to
appoint"adhoc policy committees"and recognized each jurisdiction's authority to"appoint",rather
than nominate, their citizen and technical staff to appropriate Area Council committees.
Two proposed modifications, however, were not approved. The first would have eliminated the
"supervote" provision. Deliberations confirmed that this provision continues to be an important
tool in assuring consensus among members. The second request would have eliminated the
need to annually ratify the J.P.A. The Area Council agreed that this provision should be retained,
as it affords the opportunity for new elected officials and staff become familiar with provisions of
the agreement and Council.
A-8-1
FY 91-92
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,
eRobles, 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 sea. , 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 contained 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 Sections
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
WHEREAS, Section 29532, California Government Code, provides that such a
Planning and Coordinating Council shall he designated the Regional Transporta-
tion Planning Agency to act in matters of transit and transportation 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 solutions to
common problems; assist in the preparation of plans and programs by utilizing
planning talents and general plans of the various governmental 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:
1991-1992 JOINT POWERS AGREEMENT PAGE 2
0663-1/111 07-17-91
I. PURPOSE
The San Luis Obispo Area Coordinating Council is organized for the
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.
II. NAME
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 Califqrnia 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 membership
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 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 arca 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.
1991-1992 JOINT POWERS AGREEMENT PAGE 3
- 0663-1/111 07-17-91
3. Member agencies may elect to have an alternate member(s) 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 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 participate
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 provisions 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.
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 member
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 understood, how-
ever, that the recommendations of the Area Council may have the effect of
precluding any favorable action by an agency of the state or federal govern-
ment 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.
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
1991-1992 JOINT POWERS AGREEMENT PAGE 4
0663-1/111 07-17-91
office space, furniture, supplies and postage; and excepting those functions
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 set forth in the budget as part of the
annual work program of Area Council and shall be funded from the transportation
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.
5. For purposes of conducting business, there shall be present a quorum
consisting .of a majority of representatives, including two COUNTY representa-
tives. 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 procedures as are
consistent with this Agreement and necessary to conduct the business of Area
Council in an orderly manner.
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.
1991-1992 JOINT POWERS AGREEMENT PAGE 5
0663-1/111 07-17-91
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.
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.
1991-1992 JOINT POWERS AGREEMENT PAGE 6
0663-1/111 07-17-91
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 held 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. '
5. 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 delegate based on public
testimony. Unless authorized by maiority 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.
1991-1992 JOINT POWERS AGREEMENT PAGE 7
0663-1/111 07-17-91
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.
10. Executive sessions shall be held in accordance with applicable law.
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.
2. Membership on 'ad-Hoc' policy committees 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 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, comprised 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 questions
of policy. Such matters or questions can only be decided by the Area
Council .
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 verification of
contents. Copies of minutes of all meetings shall be sent to members of the
Area Council and the Executive Director.
X. FINANCE
d if-/d�_
1991-1992 JOINT POWERS AGREEMENT PAGE 8
0663-1/111 07-17-91
.1 . The Area Council shall have no power to expend funds on any project
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 .
XI. 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.
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 outstand-
ing 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 until
1991-1992 JOINT POWERS AGREEMENT PAGE 9
0663-1/111 07-17-91
dissolved pursuant to the provisions herein. This Agreement may be executed
in eight ( S) 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.
RD/cl/0663-1/111
7-17-91
1991-1992 JOINT POWERS AGREEMENT PAGE 10
0663-1/111 07-17-91
CITY OF ARROYO GRANDE
By: Date•
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Minute Order
Clerk
CITY OF GROVER CITY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Minute Order
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Minute Order
Clerk
CITY OF SAN LUIS OBISPO
By: Date-
Mayor
Resolution No.
Clerk
e-f-is'
1991-1992 JOINT POWERS AGREEMENT PAGE 11
0663-1/111 07-17-91
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
C wl Q
By
Deputy County Pouns
Dated: Icl
RD/ms/hf/cl/0663-1/111
7-02-91