HomeMy WebLinkAbout07/19/1994, C-2 - CONSIDERATION OF RATIFYING THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) JOINT POWERS AGREEMENT. �IIN�I�NIIVIIIIIII�I jII�IIIr MEETING DATE:
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1nNu�l Csan ulIs oBispo JULY 19, 1994
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COUNCIL AGENDA REPORT ITEM NUMBER:/J
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FROM: Michael D. McCluskey, Director of Public Works
Prepared by: Harry Watson, Transit Manager
SUBJECT: Consideration of ratifying the San Luis Obispo Council of
Governments (SLOCOG) Joint Powers Agreement.
CAO RECOMMENDATION: Adopt SLOCOG resolution ratifying the Joint Powers
Agreement and its amendments between the City and member
cities and the County, and allowing the Mayor to sign the JPA
on behalf of the City.
DISCUSSION:
Background
The SLOCOG was created through a Joint Powers Agreement (JPA) with its member
agencies to act in matters of transit and transportation planning. The attached agreement
specifies the purpose, powers, membership, staff and financing.
By the Agreement, the City must annually consider any changes to the agreement and ratify
the agreement. This year's JPA contains two modifications, they are:
1. Deletion of the annual ratification requirement if there are no modifications
made to the JPA.
i
2. Clarification of minor issues and word choices as recommended the County
Auditor and presented to the SLOCOG Board on September 8, 1993.
All modifications to the Agreement are minor in nature and the need to ratify annually
seems unnecessary if no changes are proposed to the Agreement. The current proposed
changes are shown in Attachment No. 1.
FISCAL IMPACT:
None
ATTACHMENTS:
Resolution
Attachment No. 1
Exhibit "A"
COGratty
RESOLUTION NO. (1994 SERIES)
A RESOLUTION OF THE CITY OF SAN LIIIS OBISPO
RATIFYING THE SAN LIIIS OBISPO COUNCIL OF GOVERNMENTS
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 it 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 Council of Governments, 1150 Osos Street #
202, San Luis Obispo, CA 93401.
On MOTION OF . seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1994 .
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
Res.olution. No: ('1994 Set-ie:
;)
Page 2
APPROVED• - -
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EXHIBIT A
San Luis Obispo Council of Governments
�� 4vXGrandeRegional Transportation PlanningAgency r
Grover Beach
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Metropolitan Planning Organization pMorroRobles
Congestion Management Agency San Lw Ob po
., San
Obispo County
FY 94-95
JOINT POWERS AGREEMENT
OF THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH:
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990,
June 10, 1992, June 2, 1993, and June 8, 1994 by and among such of the incorporated
cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, 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 council; and
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
i
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 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 n
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SLACOG JOINT POWERS AGREEMENT cAwp51\msos\1994-95.jpa
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 member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency, address issues of mutual concern to the county and the
cities in the San Luis Obispo region, and satisfy federal and state planning and
programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and
adopt regional plans and programs; serve as the regional agency for federal and state
programs and funding opportunities; and address other areawide issues based on the
desires of the member jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing
an efficient and effective multi-modal transportation system that provides for the mobility
needs of people, goods, and services while protecting the environment.
4. To maximize state and federal funding and facilitate the development, coordination,
and implementation of local, and regional transportation programs to improve mobility and
air quality.
These purposes are to be achieved through the following methods:
1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG),
the Metropolitan Planning Organization (MPO), the Regional Transportation Planning
Agency (RTPA), and the Congestion Management Agency (CMA), for San Luis Obispo
County.
2. Allocate applicable federal, state, and local transportation funds to member
jurisdictions consistent with appropriate federal and state statutes, policies, and
regulations.
Conduct a continuous, cooperative, and comprehensive multi-modal transportation
planning and project programming process that satisfies federal and state requirements.
3. Conduct a continuous, cooperative, and comprehensive multi-modal transportation
planning and project programming process that satisfies federal and state requirements.
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SLOCOG JOINT POWERS AGREEMENT c:1wp51\resos\1994-95.jpa
4. Facilitate and monitor the assessment, coordination, funding, utilization, and
improvement of an effective and efficient multi-modal transportation system that satisfies
the existing and projected mobility needs of the region.
5. Develop the County Integrated Waste Management Plan in cooperation with the
County, Cities, and other affected entities, until such time that duties are transferred to a
solid waste authority.
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-
economic and demographic data for integration into local and regional studies and plans.
7. Discuss and study area-wide problems of mutual interest and concern to the cities
and county and facilitate the development of policies and action recommendations for the
solution of such problems.
II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the
establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a
separate and distinct public entity, as the agent to exercise the common powers provided
for in this Agreement, and to administer or otherwise execute this Agreement.
When originally established, SLOCOG was known as the San Luis Obispo County
and Cities Area Planning and Coordinating Council, subsequently renamed SLOCOG, and
renamed as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor
entity to the original COG established in 1968, insofar as its predecessor entity has been
designated, and insofar as legally authorized shall function as:
1. The Area Wide Planning Organization (APO), as designated by the U. S.
Department of Housing and County Development (HUD);
2. A Council of Governments (COG), as designated by the Governor of the State
of California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the
Secretary of Business and Transportation Agency of the State of California;
4. The Metropolitan Planning Organization (MPO) as designated by the U. S.
Department of Transportation; and
5. The Congestion Management Agency (CMA) as designated by the County of
San Luis Obispo and the cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover
Beach, Morro Bay, Pismo Beach and San Luis Obispo.
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SLOCOG JOINT POWERS AGREEMENT cAwp51\resos\1994-95Jpa
III. POWERS
The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is
hereby created as a voluntary agency pursuant to applicable provisions of the California
Government Code with the power to cant' out the purposes hereinabove stated and to
implement the approved annual work program, including: the power to contract for goods
and services; to provide for employment of necessary personnel, experts and consultants;
to accept gifts, loans, grants; to acquire, hold and convey real and personal property; incur
debts, obligations and liabilities; sue and be sued; and to administer the affairs of
SLOCOG 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 SLOCOG 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 SLOCOG 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 SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on the
SLOCOG in accordance with procedures established by each of the governing bodies of
the member agencies. Representatives to SLOCOG 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 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.
The Director of the California Department of Transportation, District 5, or his
appointee, may sit as an ex officio member of the Board. He or she shall receive all
meeting notices, shall have the right to participate in Board discussions, and have the right
to request matters on the agenda, but shall not be counted towards a quorum of the Board
and shall have no vote.
3. Member city agencies may elect to have an alternate member(s) from their city
council in addition to any official member, but said alternate shall be able to vote only in
the absence of the official representative.
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4. Designation of the official representative or alternate(s), or changes thereto,
shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city.
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 SLOCOG 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.
V. OPERATION
1. The powers of SLOCOG 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 SLOCOG. 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, however,
that the recommendations of SLOCOG may have the effect of precluding any favorable
action by an agency of the state or federal 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
SLOCOG 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 SLOCOG, upon approval of such services by the governing
bodies hereof, shall likewise be borne by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO, RTPA and CMA
for San Luis Obispo County as designated by the State shall be paid out of the
transportation fund established pursuant to Section 29530, et seg., Government Code as
provided for therein, and State and Federal planning funds.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary
operation of SLOCOG, including but not limited to salaries, office space, furniture, and
services and supplies shall be set forth in the budget as part of the annual work program
of SLOCOG and shall be funded from designated funds as approved by SLOCOG and
applicable state and federal agencies. Extraordinary costs as recommended by SLOCOG
shall be borne by contributions from the member entities as approved by their governing
bodies.
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Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
Planning Organization shall be set forth in the budget as part of the annual work program
and shall be funded from contributions from member entities as approved by their
governing boards.
4. The annual work program and budget, when adopted, shall be the basis for
operation of SLOCOG for the fiscal year. Any deviation from the work program affecting
the budget shall be approved by SLOCOG. Any extraordinary costs which have not been
funded as part of the MPO, RTPA and CMA 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 one (1) COUNTY representative. 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 SLOCOG shall adopt such
procedures as are consistent with this Agreement and necessary to conduct the business
of SLOCOG in an orderly manner.
VI. OFFICERS
1. The officers of SLOCOG shall consist of a President and Vice-President elected
for a term of one year by a majority vote of member agency representatives to SLOCOG.
2. Both the President and Vice-President of SLOCOG shall be elected at the June
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 SLOCOG as Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said
SLOCOG.
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of
SLOCOG.
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b. Vice-President:
1) Shall serve as Chairman pro-tempor in the absence of the President.
2) Shall give whatever aid is necessary to the President in administering
SLOCOG.
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
MI be filled by majority vote of the SLOCOG, the officer elected to serve for the balance
of the unexpired term.
VII. PERSONNEL AND SERVICES
1. Executive Director. The Executive Director shall be selected by, and shall
serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The
powers and the duties of the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be
responsible to SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and
budget to SLOCOG and be responsible for its implementation after
adoption by SLOCOG.
C. Attend meetings of SLOCOG Board and act as Secretary to the
SLOCOG Board.
d. 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 SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and
prepare 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.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG
employees subject to these policies and procedures adopted by
SLOCOG.
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g. Maintain a record of all financial transactions, correspondence and
reports of SLOCOG.
h. Contract and assure completion of an annual audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out
the policies and direction of SLOCOG Board.
j. Maintain custody and control of all property of SLOCOG, other than
monies and securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as
legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services
rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the
Treasurer of the SLOCOG.
Treasurer shall:
a). Receive and receipt all money of SLOCOG and place it in the treasury of San
Luis Obispo County to the credit of SLOCOG.
b). Be responsible for the safekeeping and disbursement of all SLOCOG money
held by him/her.
c). Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or
any portion thereof, upon warrants of the SLOCOG controller designated herein.
d). Verify and report in writing as soon as possible after the first day of July,
October, January, and April of each year to SLOCOG the amounts of monies
he/she holds for SLOCOG, the amount of receipts since his/her last report, and
any interest accrued to those funds.
e). Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor-Controller of the County of San Luis Obispo shall
serve as the Controller at the pleasure of the SLOCOG Board and shall be reimbursed for
services rendered.
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The Controller shall:
a). Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He/She shall
be responsible on his/her official bond for his/her approval of disbursement of
SLOCOG money.
b). Keep and maintain records and books of account under the custody of the
Controller on the basis of generally accepted accounting practices.
c). Make available all such financial records of SLOCOG to a certified public
accountant or public accountant contracted by SLOCOG to make an annual
audit of the accounts and records of SLOCOG. The minimum requirements of
the audit shall be those prescribed by the State Controller for special districts
under Section 26909 of the Government Code and shall conform to generally
accepted auditing standards.
SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered.
5. Bond Requirements
a). The Executive Director and such other employees of SLOCOG as may be
designated by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council as security for the safekeeping of SLOCOG property entrusted
to such employees. Premiums for such bonds shall be paid by SLOCOG.
b. The County 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 SLOCOG shall be held at least six (6) times a year or at
more frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at
least three (3) representatives of SLOCOG. 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 August, October,
December, February, April and June, or as specified in the annual meeting calendar
adopted in June. The June meeting shall be designated the "annual meeting."
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5. The Executive Director of SLOCOG will direct the publication of notices of all
meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG
or vote on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG.
Agenda material shall be submitted to the Executive Director at least fourteen (14)
calendar days prior to the next regular meeting and distributed to members at least twelve
(12) 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 four-fifths vote of the representatives at a
regular meeting, only agenda items shall be considered by SLOCOG pursuant to
provisions of the Brown Act.
8. SLOCOG, 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 SLOCOG may adopt will govern
all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to
SLOCOG and shall be submitted to member agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as SLOCOG 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:
a). Administration Committee, comprised of all managers and administrators of
member jurisdictions;
b). Legal Committee, comprised of SLOCOG's legal counsel and the attorneys of
the member agencies;
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c). the Planning Committee, comprised of all agency planning officials appointed
by their respective agencies;
d). the Public Works Committee, comprised of all agency engineering officials
appointed by their respective agencies;
e). 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
SLOCOG;
f). Transit Productivity Committee as required by Section 99224 and Section
99238 of the Public Utilities Code; and
g). An Executive Committee comprised of the President, Vice President and the
past President and at least one representative from the county of San Luis Obispo
(if none of the above) said committee is to advise SLOCOG on: the budget and
Overall Work Program; controversial, sensitive and major policy issues; and
criteria for competitive funding allocations. Items for review shall be selected by
the President with consultation by the Executive Director.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such
matters or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG 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 SLOCOG and the Executive Director.
X. FINANCE
1. SLOCOG 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.
2. The Treasurer of the County of San Luis Obispo is designated the depositary,
and shall have custody of all money of SLOCOG from whatever source received.
SLOCOG shall contract with an independent certified professional accountant to conduct
annual fiscal audits as required by the California Public Utilities Code Section 99245 and
the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions. Such
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process shall include: a Citizen's Transportation Advisory Committee for advising
SLOCOG on all transportation issues; legal notices, and or press releases for all adoption
of all plans and for the allocation of and prioritization of funding; and widespread
distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of SLOCOG 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 SLOCOG, 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 SLOCOG 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 SLOCOG, provided, however, that SLOCOG may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and can be done
without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its
contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily
withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations
and for the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. 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 dissolved pursuant to the provisions herein. This
Agreement may be executed in eight (8) counterparts which together shall constitute a
single agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No._
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No. _
Clerk
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SLOCOG JOINT POWERS AGREEMENT cAwp511rcsos11994-95.Jpa
CITY OF PISMO BEACH
By: Date
Mayor
Resolution No. _
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No. _
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
RAY BIERING
SLOCOG Legal Counsel
BqaL
l Coun I
Dated:
Adopted by SLOCOG June 8, 1994
Page 14 a_�7
ATTACHMENT N0. 1
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
MEETING DATE .3une $# 1$ 4
$ItBJECf .Ioinit Fiiniers A�rrreirierti,FY;S4J95
SUMMARY
This report presents the draft SLOCOG Joint Powers Agreement (JPA), with highlight
and strikeout to show changes from the 93/94 ratified JPA.
RECOMMENDATION
STAFF 1 . Approve modifications.
2. Direct staff to forward JPA to jurisdictions for ratification.
DISCUSSION
Currently, ratification of the SLOCOG JPA is required to be carried out annually.
Modifications are made each year in response to new responsibilities or Council
direction. Last year, the majority of changes pertained to administrative services,
reflecting the independent status of the agency. Other changes included clarification
of roles for the Executive' Director, codification of citizen involvement required by
ISTEA, and the inclusion of the purpose statement of the April 1993 adopted Mission
Statement. This year's modifications are highlighted on the attached draft and
include the following:
• Deletion of the annual ratification requirement. In the event there are no
modifications made to the JPA, annual ratification by member agencies will
not be required. Staff will present the JPA and other pertinent materials to
each new delegate appointeded to SLOCOG as part of their orientation to
the Council.
• Clarification of minor issues and word choices as recommended by the
County Auditor and presented to SLOCOG on September 8, 1993.
At Council direction, staff will finalize the JPA and distribute copies to each member
jurisdiction for their review and ratification. Once all signatures have been received,
the document serves as the bylaws for the organization and the legal foundation for
existence as an entity.
A - 5 - 1 ��-��
FY 94-95
JOINT POWERS AGREEMENT
OF THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH:
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, July 19,
1990, June 10, 1992, June 2, 1993, and June 8, 1994 by and among such of the
incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach,
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 council; and
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 be designated the Regional Transportation
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
SLOCOG JOINT POWERS AGREEWENT c:\wp51\resos\1994-95Jpa
programs which have been approved by their respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1 . As a Regional Agency, address issues of mutual concern to the county and the
cities in the San Luis Obispo region, and satisfy federal and state planning and
programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare
and adopt regional plans and programs; serve as the regional agency for federal and
state programs and funding opportunities; and address other areawide issues based
on the desires of the member jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in
developing an efficient and effective multi-modal transportation system that provides
for the mobility needs of people, goods,- and services while protecting the
environment.
4. To maximize state and federal funding and facilitate the development,
coordination, and implementation of local, and regional transportation programs to
improve mobility and air quality.
These purposes are to be achieved through the following methods:
1 . Administer the Joint Powers Agency (JPA) as the Council of Governments
(COG), the Metropolitan Planning Organization (MPO), the Regional Transportation
Planning Agency (RTPA), and the Congestion Management Agency (CMA), for San
Luis Obispo County.
2. Allocate applicable federal, state, and local transportation funds to member
jurisdictions consistent with appropriate federal and state statutes, policies, and
regulations.
Conduct a continuous, cooperative, and comprehensive multi-modal transportation
planning and project programming process that satisfies federal and state
requirements.
3. Conduct a continuous, cooperative, and comprehensive multi-modal
transportation planning and project programming process that satisfies federal and
state requirements.
4. Facilitate and monitor the assessment, coordination, funding, utilization, and
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SLOCOG JOINT POWERS AGREMENT a\wp51\mos\1994-95Jpa
improvement of an effective and efficient multi-modal transportation system that
satisfies the existing and projected mobility needs of the region.
5. Develop the County Integrated Waste Management Plan in cooperation with the
County, Cities, and other affected entities, until such time that duties are transferred
to a solid waste authority.
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-
economic and demographic data for integration into local and regional studies and
plans.
7. Discuss and study area-wide problems of mutual interest and concern to the
cities and county and facilitate the development of policies and action
recommendations for the solution of such problems.
II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the
establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG,
a separate and distinct public entity, as the agent to exercise the common powers
provided for in this Agreement, and to administer or otherwise execute this
Agreement.
When originally established, SLOCOG was known as the San Luis Obispo
County and Cities Area Planning and Coordinating Council, subsequently renamed
SLOCOG, and renamed as the San Luis Obispo Area Coordinating Council. SLOCOG,
as successor entity to the original COG established in 1968, insofar as its predecessor
entity has been designated, and insofar as legally authorized shall function as:
1 . The Area Wide Planning Organization (APO), as designated by the U. S.
Department of Housing and County Development (HUD);
2. A Council of Governments (COG), as designated by the Governor of the
State of California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the
Secretary of Business and Transportation Agency of the State of California;
4. The Metropolitan Planning Organization (MPO) as designated by the U. S.
Department of Transportation; and
5. The Congestion Management Agency (CMA) as designated by the County
of San Luis Obispo and the cities of Arroyo Grande, Atascadero, EI Paso de Robles,
Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo.
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1994-95Jpa
III. POWERS
The San Luis Obispo Council of Governments hereinafter called "SLOCOG," 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 approved annual work program, including: the power to
contract for goods and services; to provide for employment of necessary personnel,
experts and consultants; to accept gifts, loans, grants; to acquire, hold and convey
real and personal property; incur debts, obligations and liabilities; sue and be sued;
and to administer the affairs of SLOCOG 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 SLOCOG 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 SLOCOG 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 SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on
the SLOCOG in accordance with procedures established by each of the governing
bodies of the member agencies. Representatives to SLOCOG 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 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.
The Director of the California Department of Transportation, District 5, or his
appointee, may sit as an ex officio member of the Board while sitting as the
He or she shall receive all meeting notices, shall
have the right to participate in Board discussions, and have the right to request
matters on the agenda, but shall not be counted towards a quorum of the Board and
shall have no vote.
3. Member city agencies may elect to have an alternate member(s) from their
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SLOCOG J0INT POWERS AGREEMENT c:\wp51\resos\1994-95Jpa
city council 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 SLOCOG by the appointing
city.
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
SLOCOG 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 aA19U8l Fatifieetieig.
V. OPERATION
1 . The powers of SLOCOG 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 SLOCOG. 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, however, that the recommendations of SLOCOG may have the effect
of precluding any favorable action by an agency of the state or federal 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
SLOCOG 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 SLOCOG, upon approval of such services by the
governing bodies hereof, shall likewise be borne by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO, RTPA and
CMA for San Luis Obispo County as designated by the State shall be paid out of the
transportation fund established pursuant to Section 29530, et sea., Government Code
as provided for therein, and State and Federal planning funds.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary
operation of SLOCOG, including but not limited to salaries, office space, furniture, and
services and supplies shall be set forth in the budget as part of the annual work
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C
SLOCOG JOINT POWERS AGREENUNT c:\wp51\resos\1994-95Jpa
program of SLOCOG and shall be funded from designated funds as approved by
SLOCOG and applicable state and federal agencies. Extraordinary costs as
recommended by SLOCOG shall be borne by contributions from the member entities
as approved by their governing bodies.
Costs of all other extraordinary activities undertaken by SLOCOG as the
Areawide Planning Organization shall be set forth in the budget as part of the annual
work program and shall be funded from contributions from member entities as
approved by their governing boards.
4. The annual work program and budget, when adopted, shall be the basis for
operation of SLOCOG for the fiscal year. Any deviation from the work program
affecting the budget shall be approved by SLOCOG. Any extraordinary costs which
have not been funded as part of the MPO, RTPA and CMA 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 one (1 ) COUNTY representative.
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 SLOCOG shall
adopt such procedures as are consistent with this Agreement and necessary to
conduct the business of SLOCOG in an orderly manner.
VI. OFFICERS
1 . The officers of SLOCOG shall consist of a President and Vice-President
elected for a term of one year by a majority vote of member agency representatives
to SLOCOG.
2. Both the President and Vice-President of SLOCOG shall be elected at the
June meeting.
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President:
11 Shall preside over all meetings of SLOCOG as Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said
SLOCOG.
4) Shall be an ex-officio member of all committees.
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'
��
SLOCOG JOINT POWWtS AGREMANT c:\wp51\resos\199.4-95:jpa
5). ShalU execute all contracts and legal. documents on behalf of
SLOCOG..
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SLOCOG JOINT POWERS AGREU"M c:\wp51\resos\1994-95Jpa
_ b. Vice-President:
1) Shall serve as Chairman pro-tempor in the absence of the
President.
2) Shall give whatever aid is necessary to the President in
administering SLOCOG.
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 epon 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 SLOCOG, the officer elected to serve for
the balance of the unexpired term.
VII. PERSONNEL AND SERVICES
1 . Executive Director. The Executive Director shall be selected by, and shall
serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The
powers and the duties of the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be
responsible to SLOCOG for the administration of all SLOCOG
affairs.
b. Supervise and direct the preparation of the annual work program
and budget to SLOCOG and be responsible for its implementation
after adoption by SLOCOG.
C. Attend meetings of SLOCOG Board and act as Secretary to the
SLOCOG Board.
d. 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 SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and
prepare 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.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG
employees subject to these policies and procedures adopted by
SLOCOG.
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1994-95.jpa
g. Maintain a record of all financial transactions, correspondence and
reports of SLOCOG.
h. Contract and assure completion of an annual audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out
the policies and direction of SLOCOG Board.
j. Maintain custody and control of all property of SLOCOG, other
than monies and securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as
legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services
rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the
Treasurer of the SLOCOG.
Treasurer shall:
a). Receive and receipt all money of SLOCOG and place it in the
treasury of San Luis Obispo County to the credit of SLOCOG.
b). Be responsible for the safekeeping and disbursement of all
SLOCOG money held by him/her.
c). Pay any sums due from SLOCOG, from SLOCOG'S funds held by
him/her or any portion thereof, upon warrants of the SLOCOG
controller designated herein.
d). Verify and report in writing as soon as possible after the first day
of July, October, January, and April of each year to SLOCOG the
amounts of monies he/she holds for SLOCOG, the amount of
receipts since his/her last report, and any interest accrued to
those funds.
e). Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor-Controller of the County of San Luis Obispo shall
be $
the con r 11 r "'0
5Stoe 8t ahe pleasureof #ef the SLOCOG Board..anrl shall.b:�:
te�rnbursed for secY�ces.ren )ered.
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\mos\1994-95.jpa
The Controller shall:
a). Draw warrants to pay demands against SLOCOG when the
demands have been approved by the COG Board and/or the COG
Executive Director. He/She shall be responsible on his/her official
bond for his/her approval of disbursement of SLOCOG money.
b). Keep and maintain records and books of account '6.0. E1.e
custody p . th .,Cght o [er o the basso generally accepted
accounting practices.
c). Make available all such financial records of SLOCOG to a certified
public accountant or public accountant contracted by SLOCOG to
make an annual audit of the accounts and records of SLOCOG.
The minimum requirements of the audit shall be those prescribed
by the State Controller for special districts under Section 26909
of the Government Code and shall conform to generally accepted
auditing standards.
SLOCOG shall reimburse the Auditor/Controller for the cost of services
rendered.
5. Bond Requirements
a). The Executive Director and such other employees of SLOCOG as
may be designated by the COG Board, shall file with SLOCOG an official fidelity bond
in a sum determined by the Council as security for the safekeeping of SLOCOG
property entrusted to such employees. Premiums for such bonds shall be paid by
SLOCOG.
b. The County 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 SLOCOG shall be held at least six (6) times a year or
at more frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of
at least three (3) representatives of SLOCOG. 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.
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014f
SLOCOG JOINT POWERS AGREUMENT c:\wp51\rem\1994-95Jpa
4. Regular meetings shall be generally held in the first week of August,
October, December, February, April and June, or as specified in the annual meeting
calendar adopted in June. The June meeting shall be designated the "annual
meeting."
5. The Executive Director of SLOCOG will direct the publication of notices of
all meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member of
SLOCOG or vote on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG.
Agenda material shall be submitted to the Executive Director at least fourteen (14)
calendar days prior to the next regular meeting and distributed to members at least
twelve (12) 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 four-fifths vote of the
representatives at a regular meeting, only agenda items shall be considered by
SLOCOG pursuant to provisions of the Brown Act.
8. SLOCOG, 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 SLOCOG may adopt will
govern all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11 . SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director
to SLOCOG and shall be submitted to member agencies.
IX. COMMITTEES
1 . Committees and subcommittees may be established as SLOCOG 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:
a). Administration Committee, comprised of all managers and administrators
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1994-95Jpa
of member jurisdictions;
b). Legal Committee, comprised of SLOCOG's legal counsel and the attorneys
of the member agencies;
c). the Planning Committee, comprised of all agency planning officials
appointed by their respective agencies;
d). the Public Works Committee, comprised of all agency engineering officials
appointed by their respective agencies;
e). 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
SLOCOG;
f). Transit Productivity Committee as required by Section 99224 and Section
99238 of the Public Utilities Code; and
@). Se"d Waste Task FeFee (SWT-F), end the Gelid Waste Teehnieal AdyiseF
GeFAFR . . as rv. the ...v...V.V..V V... V. AffVV...V..l VVVVV VVIV VV.
/ / '
and the inewpeFeted eities
the
my, i •'i ac ch t;Fne that duties F cncd tv-a-svnl•c
-vcar�,
eiuthefity-
9.Y47 An Executive Committee comprised of the President, Vice President and
the past President and at least one representative from the county of San Luis
Obispo (if none of the above) said committee is to advise SLOCOG on: the
budget and Overall Work Program; controversial, sensitive and major policy
issues; and criteria for competitive funding allocations. Items for review shall
be selected by the President with consultation by the Executive Director.
4. No committee shall commit SLOCOG on any matter or questions of policy.
Such matters or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG 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 SLOCOG and the Executive Director.
X. FINANCE
1 . SLOCOG 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.
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SLOCOG JOINT POWERS AGREEMENT c:1wp51\resos\199495Jpa
2. The Treasurer of the County of San Luis Obispo is designated the
depositary, and shall have custody of all money of SLOCOG from whatever source
received.
ef
.
............................................................
SLOCOG shall contract
vsntti artdependentcert►#ted profess�onaJ'accouritant t0 conduct anrit 'at fGscal a� . its
as Cegtt[red by tl�e C:alifarnta Public Utcf�taes Code Section 99x45 and tie l~ederat
S�ngl� ,�gditrAc� of,1;984,
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions.
Such process shall include:a Citizen's Transportation Advisory Committee for advising
SLOCOG on all transportation issues; legal notices, and or press releases for all
adoption of all plans and for the allocation of and prioritization of funding; and
widespread distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION
1 . The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of SLOCOG 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 SLOCOG, 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 SLOCOG 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 SLOCOG, provided, however, that
SLOCOG may authorize a reimbursement if in its judgment such reimbursement is fair
and equitable and can be done without jeopardy to the operation of SLOCOG. If any
party hereto fails to pay its contribution, as determined by SLOCOG, said entity shall
be deemed to have voluntarily withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a
joint agreement executed by COUNTY and CITIES which are parties hereto. Said
rescission Agreement shall provide for the orderly payment of all outstanding debts
and obligations and for the return of any surplus funds of SLOCOG in proportion to
the contributions made.
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SLOCOG JOINT POWERS AGREEWENT c:\wp51\resos\1994-95.jpa
XIII. 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 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.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No. _
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
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SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1994-95.jpa
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Resolution No.
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
B1:` R1It' `QA�111€S-EL1fB6M;-QIP
ea y-begat..Counsel
By:
5 4'COdix I Counsel
Dated:
A - 5 - 16
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125 SERRANO HEIGHTS SAN LUIS OBISPO, CA 93401 • (805) 543-6235