Loading...
HomeMy WebLinkAbout11/10/1998, C7 - CITY CONSIDERATION AND RATIFICATION OF PROPOSED CHANGES TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) AND SAN LUIS OBISPO REGIONAL TRANSIT AGENCY (SLORTA) JOINT POWERS AGREEMENTS counat °I - Io -q8 j acEnaa REpont c7 CITY OF SAN LUIS OBISPO FROM: John Dunn, City Ci Administrative Officer SUBJECT: CITY CONSIDERATION AND RATIFICATION OF PROPOSED CHANGES TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG)AND SAN LUIS OBISPO REGIONAL TRANSIT AGENCY (SLORTA)JOINT POWERS AGREEMENTS CAO RECOMMENDATION Adopt resolutions approving proposed modifications to the SLOCOG and SLORTA Joint Powers Agreements with one change,retaining the Administrative Committee of SLOCOG. DISCUSSION Out of the process described below, and with a less-intense concurrent re-examination by SLORTA, several changes to the Joint Powers Agency Agreements for SLOCOG and SLORTA are being recommended to you by SLOCOG and SLORTA Boards, made up of City and County legislative representatives. These changes, collectively, are relatively minor and procedural, and are basically a timely clean-up of older documents. These proposed changes have been discussed by the County Mayors Group, who have endorsed them. They were recently discussed by the County Managers Group, including the County Administrator, which endorsed the changes, except that they believed there would be benefit to SLOCOG and the member jurisdictions if there could be a meaningful consultation with the Managers on an as-needed basis. Therefore, the position of the Managers Group is that the proposed changes should be made, retaining the Administrative Committee. This concept has been discussed within SLOCOG staff and they are in agreement with it. The Managers Group is meeting with Mr. DeCarli on November Gh to discuss the best way to allow consultation in a way that takes advantage of the Managers' perspective and that brings benefit to SLOCOG. Needless to say, there is only the positive desire to help and not to slow down or detract from the paramount responsibilities of the legislative representatives. The substance of the changes are described in the attached report by Mr. DeCarli (SLOCOG) and Mr. Bates (SLORTA). BACKGROUND Approximately a year ago, members of the SLOCOG Board were discussing a number of issues. Some of these issues were "structural" (i.e., whether the organization was set up in the best way) and some were "communications" issues (whether the Board and Staff were fully discussing their concerns with one another in an open way, and whether Board members were fully communicating with their parent legislative bodies). Council Agenda Report—Changes to SLOCOG and SLORTA Agreements Page 2 A special meeting of the SLOCOG Chairperson (then Board Chairman Ruth Brackett) and the Mayors and City Managers were convened on this issue. After a thorough discussion, the general consensus of the group was that several issues had been identified which had to be dealt with in a constructive way, but that the issues were less"structural" and more "communication". The SLOCOG Board then established a "retreat" for its members, alternates and staff. Out of that, several relatively minor changes to the Joint Powers Agency Agreement were suggested, and other operating changes were agreed to in order to improve communications processes generally, but particularly between the SLOCOG Board and staff. FISCAL IMPACT There are no fiscal impacts associated with the proposed changes. ATTACHMENTS 1. Resolution approving changes to SLORTA Agreement 2. Resolution approving changes to SLOCOG Agreement 3. Memo from SLOCOG and SLORTA including legislative drafts of agreements C7 - 2 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY WHEREAS,the San Luis Obispo Regional Transit Authority was created by a Joint Powers Agreement between the Cities and County of San Luis Obispo; and WHEREAS, any amendments require ratification by member agencies; and WHEREAS,the San Luis Obispo Regional Transit Authority Board on September 2, 1998, approved minor clean-up and clarifying amendments for the ratification by member agencies; NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby ratify the San Luis Obispo Regional Transit Authority Joint Powers Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the Mayor to executive said agreement, and forward it to the San Luis Obispo Regional Transit Authority. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution is hereby adopted on this day of , 1998. Mayor ATTEST: City Clerk C 7-3 Resolution No. (1998 Series) Page 2 APPROVED: 9- 46,Wly6v Al� C-7- Y EXHIBIT A SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT WITNESSETH: This Agreement is made and entered into this a day of March, 1990, and amended on . 1998, by and among 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 in the County of San Luis Obispo, California (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') WHEREAS, Section 6500 et seq of the California Government Code (Title 1, Div. 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 Cities and County have previously entered into a joint powers agreement for the formation of the San Luis Obispo Council of Governments for the purpose of providing, among other things,for a regional transportation agency; and WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on May 10, 1989, voted to consolidate the administration of several transportation systems through a regional transit joint powers agreement. NOW THEREFORE, it is agreed as follows: ARTICLE 1 General Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the member agencies for the formation of Joint Powers Agreement with full power and authority to own, operate and administer a county wide public transportation system within the boundaries and over the territory over which the Joint Powers Agency has jurisdiction. Section 2. Name: The official name of the entity shall be San Luis Obispo Regional Transit Authority and hereafter referred to as SLORTA. ARTICLE 11 Organization Section 1. Board Members: The membership of the SLORTA Governing Board, shall be the same as the membership of the San Luis Obispo Council of Governments (hereinafter referred to as SLOCOG). Section 2. Board Meetings - Voting - Quorum: Regular meetings shall be generally held SLORTA]PA G7'S in the first week of July, September, November, January, March and May or as specified in a biannually adopted meeting calendar. Special meetings may be called by the President or upon written request of at least three (3) members of the SLORTA Board. Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint Powers Agreement. Section 3. Officers: The officers of SLOCOG shall, serve as officers of the Transit Authority. Section 4. Manager. The SLORTA Board shall designate a Regional Transit Manager to operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated powers to certify documents of the SLORTA Board as required by the law and to assume such duties and responsibilities as the Board may direct. Section 5. Members: 1. 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. 2. Membership shall be contingent upon the execution of this Joint Powers Agreement. Section 6. Boundaries and Service Levels: The service area boundaries shall be all of the area within the boundaries of San Luis Obispo County as designated by the SLORTA Board. Any additional services beyond the level recommended by the Regional Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, but shall require unanimous approval of affected jurisdictions, with costs for the extra service to be distributed on the basis of formula developed by the SLORTA Board members representing the affected jurisdictions. Section 7. Committees: 1. Committees and subcommittees may be established as SLORTA 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 quarified to serve on a committee. . 3. Standing committees shall include the: a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit Productivity Committee to advise the Board on the efficiency and effectiveness of the transit system. b. An Executive Committee comprised of the President, Vice President and the past President and at least one representatives from the county of San Luis Obispo (d none of the above) shall advise the Transit Manager and SLORTA on: draft agendas, personnel issues, budget and Overall Work Program; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation of the Regional Transit Manager. Items for review shall be selected by SLORTA IPA 2 C7- to the Transit Manager in consultation with the President. All Committee members may include agenda items as they desire. For purposes of conducting business, two members shall constitute a quorum. 4. No committee shall commit SLORTA on any matter or questions of policy. Such matters or questions can only be decided by SLORTA. 5. All committees shall receive clerical assistance from SLORTA staff and, by agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Transit Manager may direct. The chair of each committee shall sign the original copy of the minutes indicating verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLORTA and the Transit Manager. ARTICLE III Financial Provisions Section 1. Budget: The Regional Transit Manager shall prepare an annual budget for Transit Authority adoption prior to commencement of each fiscal year. The approval of the Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers Agreement of SLOCOG. Accounting practices to be applied will conform with those used by San Luis Obispo County, consistent with Transportation Development Ad rules and regulations. A Consolidated Fund balance and cash balance will carry forward from one year to the nexL The budget may additionally cant' funds for future fiscal years where necessary to develop a multi-year Capital Improvement Program and to reflect obligations under state of federal funding agreements,to the extent allowable by California law. No member Agency shall be required to expend any of its general fund monies to support the operations of the Transit Authority. The operation of the transit system shall be funded from revenues derived from operations, member Transportation Development Act fund contributions, grants, and any other appropriate revenue sources. Each member agency shall make an annual contribution to the Transit Authority in accordance with the adopted budget. Any formula may be amended upon approval of all jurisdictions affected by that formula and ratified by the Transit Authority. All population percentages utilized shall be those annually adopted by SLOCOG for allocating Transportation Development Act Funds based annually on estimates prepared by the State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for cities and by the County Planning Department for unincorporated communities. Section 2. Expenditures: The Transit Authority may establish procedures and policies to insure-competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by the Transit Authority or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Transit Authority may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. SWRTA JPA 3 i C -7 -7 Section 3. Treasurer and Auditor. Pursuant to Government Code Section 6505.5, the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit Authority. The Treasurer shall have the powers and dudes set forth in Government Code Section 6505.5. The Auditor/Controller of the County of San.Luis Obispo is designated as the Auditor of this Transit Authority pursuant to Government Code Section 6505.5. Section 4.Annual Audit The Transit Authority shall cause an annual audit to be prepared and filed in accordance with Government Code Section 6505 and Public Utilities Code Section 99245. Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an annual report of the operations to the Transit Authority, SLOCOG,,and State Controller within 90 days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243. Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of ridership, finances, or other information. It shall be the responsibility of the Regional Transit Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the Transit Authority. ARTICLE IV Authority Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the purpose of this Agreement, except the power to tax Its power to expend funds shall be limited only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of the Transit Authority specifically include, but are not limited to, the following: a. To solicit bids and negotiate contracts from private enterprise for services and/or operation. b. To sue or be sued. c. To employ agents, employees and contract for professional services. d. To make and enter contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate necessary equipment, building and improvements. f. To acquire and convey real and personal property. g- To incur debts, liabilities and obligations of financial assistance from State and Federal agencies and to obligate the Transit Authority to operate the improvements, equipment or transportation system in accordance with the terms and conditions of said financial assistance. Section 2. Transit Authority is a Public. Legal Entity: The Transit Authority is a public entity duty formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those of its officers, employees, members of the Board of Directors or the member agencies. SLARTA JPA 4 C7 - g ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Member. A withdrawing members financial obligation under this Section is limited to the withdrawing members pro-rata share of the currently adopted operating budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are reasonable to meet pursuant to Public Utilities Code Section 99401.5. Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made without the consent of all member agencies at the time of the amendment. Section 3. Ratification - Effective irate: This Agreement shall be deemed effective as to those parties executing this agreement upon their execution of the agreement. Section 4. AssignabTi dy: In the event it is deemed in the best public interest to have the Transit Authority operated by another individual or entity, whether public or private, and provided that the assignment complies with State and Federal laws, the agency on affirmative vote of the majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and personal property and cease operations upon such terms and conditions as the Transit Authority determines to be reasonable. Section 5. Termination: This Agreement shall continue in full force and effect until rescinded by a majority of the member agencies. Section 6. Notification to Secretary of_State: Pursuant to Government Code Section 6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed,the Transit Authority shall not incur indebtedness of any Idnd. SIARTA JPA 5 c�- S IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year firs 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 MORTA JPA 6 C7 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. APPROVED AS TO FORM AND LEGAL EFFECT: JAC CRAWFORD Legal Counsel By. Legal Counsel Dated: Adopted by SLORTA 1998 SWRTA JPA 7 G7-/I RESOLUTION NO. (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WHEREAS,the San Luis Obispo Council of Governments was created by a Joint Powers Agreement between the Cities and County of San Luis Obispo; and WHEREAS, any amendments require ratification by member agencies; and WHEREAS,the San Luis Obispo Council of Governments Board on August 5, 1998, approved minor clean-up and clarifying amendments for the ratification by member agencies; NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby ratify the San Luis Obispo Council of Governments Joint Powers Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the Mayor to executive said agreement, and forward it to the San Luis Obispo Council of Governments. On motion of seconded by . and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution is hereby adopted on this day of . 1998. Mayor ATTEST: City Clerk G7- �2 ResolutionNo. (1998 Series) Page.2 APPROVED: C7=/3 :ate U cl c r Gower nets S is O� spo Cou Regiopal Transportation`Planning Agency cm,«exp Metropolitan Planning Organization Mho ear .. Pun R&'' Census`Data Affiliate - PiscaF ` . .. 0 Ra6,a i=�,,; Exec�,�a,�,,,a Service:Authority for.Reeways and Expressways s`a,;,;5 ons Cou,.., JOINT POWERS AGREEMENT OF THE SAN LUIS.OBISPO'COU. OIL OF GOVERNMENTS WITNESSETH:.. THIS:jOINT POWERS';AGREEAAENT'is made and entered into this 17th day of:January, .. 19.T6,`and amended.on November:4�•19.82,.September.19; 1984; July 19, 1990, June::10;. 199. - june Z 1993,Junet, 1994;-and"Augasr 5,:1998 6y:and among.such of the incorporated:aties of.. Arroyo Grande, Atascadero;;El'.Raso de.Rotiles;.'G'`rnver::Beach, ,flOrm-Bay;1?isrno-BeacF1,.arrd San:Luis.'°Obispo;all .eirig.municipal.cbrporatons.of the State of.Cal'ilbmia;and located vvitl in the. -boundaries.,of the County of San:Liuis Obispo, Catifomia; .as may execute this:Agreement, . hereinafter called "CITIES and.the County of San Luis Obispo, a body pofif c.an corporate;and a'subdniiei4ri of ttie State of:Califomia;hereinafteF-called'COUNTY'.as follows:; WHEREAS.:Section 6500;et. eq,;:_of ttie Callfomia Govemment•Eode (fifle l;`Dnision 7 . .. Ctaapter ,;Articte::1) provides:for-agreements�betweem:two. or:.more Pulilic:;ageaaes`to jointly" exercise.any.power common to the contracting parties; subject to certain mandatory provisions VVHEREAS the:City of Sari Luis:Obrspo:by.Mrtue.of its charter,:and thi:oilier:indorporated cities iri:th6.County;. parties hereto, by vijtue of.Sedtons.65600.through`65604; r>olusrve,' of' the.. Gafdomia 0*fit Code:have`the joint a id.mutual power to create an area planrnng:counal; and .. .. . WHEREAS, COUNIY. AND CITIES'.'did, in .1968,:. janty execute an``agreement .establ-ishing,such'a:planning:council and now-Wish to ar iepd and supersede ttie'same;:a.'d WH SedioAA2 32.:Cafdomia`Govemrnent:Code;:4provides,thatsUc�I'a.Plarlrung and:Coordirrard;j b6unal:.sha'1F be, designated.:the::.'- egio iaL;Transportation Planriirig:::A.ge'W` , (RTPA)to'act In matters of transit and transportation planning;and WHEREAS; tt is.desirahle#hat:aaingleagency:be c milted•by;and with ti,e.aorisent of CITIES and f t3NIY tQ advise; plan for,.and 5uggest.solittions tn..common Problems, assist in the preparation of plans id programs by utifmng planning .talents and general .plans of ff1e various".governmental:jurisdidioris in the'County'and.of experts in vano is other,"fields and to coordinate theirfforts;"and . . . ... .... . WHEREAS;:6 *on. sych•an agency and action by it.uport certalnplans.and programs " rs neoessory to o4mplywith requirements,af.federal.aradstate"aegislation in oniecao.partiapate in the allocatir3rl and "disbursement iof;;stateand federal fundswhlch.may bedeslred`by BOUNTY 'artd:•CME in the'implementation'of plans andprograms_whldt .have baen approved:by their respective governing"Bodies:.. NOW;THEREFORE,itt :agreed:as:follows: _ 1950-0 os Sheet;Ste:.262;"San Luis Obispo,CA 93401-x► Tel.(W5)781=42144'izW..*5)78:1=9703 �. eE ' ' " E-mail. slocog@slonet.o "* Internet. http://wwwslonet:org/-ipslocag SLOCOG JOINT POWERS Af 'MENT PAGE NO.2 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. Maximize state and federal funding and facilitate the development, coordination, and implementation of local, and regional transportation programs to improve mobility and air quality. 5. Establish and operate a call box program in the County. 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 Service Authority for Freeways and Expressways (SAFE)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, and adopted board policies and criteria. 3. Conduct a continuous, cooperative, and comprehensive inter-modal transportation planning and project programming process that satisfies federal and state requirements. 4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement of an effective and efficient inter-modal transportation system that satisfies the existing and projected mobility needs of the region. 5. Develop and operate a Countywide call box system in coordination and cooperation with the California Highway Patrol (CHP) and the California Department of Transportation (CALTRANS). 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. 04- SLOCOG JOINT POWERS A 3MENT PAGE NO.3 11. 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 respectively: the San Luis Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council (SLOACC), and back to SLOCOG. 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. An 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. A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation;and 5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County of San Luis Obispo and a majority of cities with a majority of population. 6. A Census Data Affiliate as designated by the U.S. Bureau of the Census. 111. 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 cavy out the purposes hereinabove stated and to implement the approved annual work program, including the power to: contract for goods and services; provide for employment of necessary personnel, experts and consultants; accept gifts, loans, and grants; acquire, hold and convey real and personal property, incur debts, obligations and liabilities; sue and be sued; and 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. SLOCOG JOINT POWERS A %NEW PAGE NO.4 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 SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Delegates to SLOCOG, referred to as "Board Members", 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/her appointee, may sit as an ex officio member of the Board. He or she shall receive all meeting notices and agendas, 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 altemate(s) shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or altemate(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 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 C?� /7 SLOCOG JOINT POWERS Af V,AIENT PAGE NO.5 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 bome 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 bome by the respective entities. All costs incurred by SLOCOG performing functions as the MPO and RTPA 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, and State and Federal planning funds. All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo County, as designated by adopted local resolutions, shall be paid out of the SAFE fund established pursuant to Section 2550,of the Streets and Highway Code as provided for therein. 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 bome 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 or from designated funds as approved by SLOCOG and/or applicable state and federal agencies. 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 COG, MPO, RTPA and SAFE budget requiring kcal contributions, 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. Officers. 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 January meeting. 3. The officers shall serve until their successors are elected. SLOCOG JOINT POWERS A :NIENT PAGE NO.6 4. The duties of the officers shall be as follows: a. President: 1) Shall preside over all meetings of SLOCOG and the Executive Committee 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 contrails and legal documents on behalf of SLOCOG. b. Vice-President: 1) Shall serve as President Pro-tem (delegated to temporarily serve as chair) 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 Vioe-President upon said officer's death, resignation, removal or his/her 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 with 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 policies and procedures adopted by SLOCOG. g. Maintain a record of all financial transactions, correspondence and reports of SLOCOG. G-7 -1Q SLOCOG JOINT POWERS A TAIENT PAGE NO.7 h. Contract and assure completion of an annual fiscal audit of-SLOCOG and a triennial performance audit of SLOCOG. L Perforin 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. 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- ao SLOCOG JOINT POWERS A :MENT PAGE NO.8 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. S. 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, as specified in the calendar adopted at the June and January meetings. 5. The Executive Director of SLOCOG will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or altemates 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 judgment 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. c?-a/ SLOCOG JOINT POWERS A F.MENT PAGE NO.9 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. Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC)to advise the board on transportation issues per adopted Committee bylaws. b. Regional Transit Advisory Committee serving as the Regional Transit Productivity Committee to advise the board on the efficiency and effectiveness of transit systems and fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities Code; and c. 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 the Executive Director and SLOCOG on: draft agendas, personnel issues, budget and Overall Work Program; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation of the Executive Director. Items for review shall be selected by the Executive Director with consultation by the President. All Committee members may include agenda items as they desire. For purposes of conducting business, a quorum shall constitute two members. 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 chair of each committee shall sign the original copy of the minutes indicating verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLOCOG and the Executive Director. c�- as SLOCOG JOINT POWERS A -IMM PAGE No.10 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 depository, 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 cant'out a process for citizen involvement in major decisions in accordance with an adopted Public Involvement Plan for Transportation Planning. Such process shall include: Transportation Advisory Committee(s) for advising SLOCOG on. transportation issues; legal notices,and or press releases for 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 rernaln in full force and effect as respells 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. C?-a3 SLOCOG JOEVT POWERS A' -EBO;NT PAGE NO.11 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 e?-a� SAN LUIS OBISPO COUNCIL OF GOVERNMENTS SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY INTERAGENCY JOINT MEMORANDUM SEPTEMBER 9, 1998 TO: COUNTY ADMINISTRATOR AND ALL CITY ADMISTRATORS FROM: RONALD DE CARLI, EXECUTIVE DIRECTOR,SLOCOG JOHN BATES, INTERIM TRANSIT MANAGER, SLORTA RE: UPDATE AND RATIFICATION OF SLOCOG AND SLORTA JOINT POWERS AGREEMENTS During the past year the San Luis Obispo Council of Governments (SLOCOG) has been considering an update and minor"cleanup" modifications to their Joint Powers Agreement (JPA). As these amendments were being considered the board concurrently requested.the San Luis Obispo Regional Transit Authority (SLORTA)JPA, be similarly updated and modified for consistency with the SLOCOG JPA Please schedule these JPAs before your councils/board for formal ratification. A number of attachments are enclosed for your consideration and use. These include draft staff reports summarizing the suggested modifications, a copy of each JPA with highlighted changes, a dean copy of each modified JPA, and a draft resolution for adoption. The suggested changes are minor in nature, update the current JPA to consider modified responsibilities, and modify the agreements to be more in synch with local jurisdiction's appointment calendars. Suggested changes to both JPAs are summarized below: SLOCOG JPA suggested changes: • Update to delete the Congestion Management Agency and County Integrated Waste Management Planning and add Service Authority for Freeways and Expressways (SAFE-callbox program). • Modification of date for selection of officers from July to January to coincide with local jurisdiction's committee appointment calendar. • Update and clarification of standing committees. • Minor cleanup, clarification, and update language. SLORTA JPA suggested changes: • Correct/Update agency names: SLOCOG and Grover Beach. • Modification of date for selection of officers from July to January to coincide with local jurisdiction's committee appointment calendar. • Modification of meeting calendar from"following SLOCOG Meetings" (even months)to odd months. ATTACHMENT 3 , 7 -0 • Update to add SLORTA Committees (Executive Committee and Regional Transit Advisory Committee). • Minor cleanup, clarification, and update language. The SLOCOG JPA suggested amendments were reviewed and recommended by the SLOCOG Executive Committee, and the Mayors Committee (January, 1998), and were approved for distribution and ratification by the SLOCOG board on August 86'. The SLORTA board requested the SLORTA JPA be updated and modified for consistency, and approved the recommended amendments to their JPA at their September 2nd meeting. Please schedule these JPA updates for your agency's ratification. After ratification please have your Chair/Mayor execute the signature pages, and return them with a copy of your adopting resolution or minute order. Our two boards also encouraged all cities to: • appoint the same individual to both boards, • leave appointments on each board as long as practical, and to • encourage appointees to provide continually feedback to their councils. Longer terms on both boards was encouraged by our boards in recognition of the increasing complexity and responsibilities of the agencies in order to maximize the knowledge, expertise, and effectiveness of each representative. We will be happy to attend your council meeting for clarification if desired. If you have any questions please contact John Bates @ 781-4465 or Ron De Carli @ 781-4219. Thank you for your prompt cooperation. Attachments: draft staff reports, sample resolutions, and the two JPAs. cy -ab SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT WITNESSETH: This Agreement is made and entered into this 9"' day of March, 1990, and amended on . 1998, by and among the incorporated cities of Arroyo Grande, Atascadero,-El Paso de Robes, Grover MIN Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being municipal corporations in Teo County of San Luis Obispo, California (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') WHEREAS, Section 6500 et seq of the California Government Code (Title 1, Div. 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 Cities and County have previously entered into a joint powers agreement for the formation of the San Luis Obispo000HOM Council of Governments for the purpose of providing, among other things,for a regiona transportation agency; an WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on May 10, 1989, voted o conso i ate the administration of several transportation systems through a regional transit joint powers agreement. NOW THEREFORE, it is agreed as follows: ARTICLE I General Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the member agenciesoar the formation of Joint Powers Agreement with full power and authority to own, operate and administer a countywide public transportation system within the boundaries and over the territory over which the Joint Powers Agency has jurisdiction. Section 2. Name: The official name of the entity shall be San Luis Obispo Regional Transit Authority C-910RTATand hereafter referred to as SLORTA tho Trangit A„th�� ARTICLE II Organization Section 1. Board Members: The membership of the SLOB A Goveming Board , shall be the same as the membership of the San Luis Obispo unci o Governments (hereinafter referred to as SLOCO ). SLORTA JPA PAGE 1 c7-ate Secfion 2. Board Meetings - Voting - Quorum: - NIM-01M Regular meetings shall be generally held in the first week Septernber, November, January, March and May or as specified in a biannually adopted meeting calendar. Special meetings may be called y the President or upon written request of at least three M Es mem eters ofthe SLORTA Board. Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint Powers Agreement. Section 3. Officers: The officers of SLOCOG shall serve as officers of the Transit Authority. Section 4. Manager. The SLORTA Board shall designate a Regional Transit Manager to operate It LORTA. The manager shall serve at the pleasure of SLORTA oard, with a eg empowers to certify documents of the 111420'Elm' MR. OTA Board as required by the law and to assume such duties and responsibilities as the o may direct. Section 5. Members: 1A 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. ?A. Membership shall be contingent upon the execution of this Joint Powers Agreement. Section 6. Boundaries and Service Levels: The service area boundaries shall be all of the area within the boundaries of San Luis Obispo County as designated by the SLORTA Board Any additional services beyond the level recommended by the Regional Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, buts all require unanimous approval of affected jurisdictions, with costs or the extra service to be distributed on the basis of formula developed by the SLORTA Board members representing the,affected jurisdictions. Section 7. Committees: 1. Committees and subcommittees may be established as SLORTA may deem appropriate. 2. Membership on °ad-Hoc° policy committees shall be at the discretion of the President. Nothing hereinshall 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. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit Productivity Committee to advise the Board on the efficiency and effectiveness o Fe transd system. SLORTA JPA PAGE 2 c7-a � b. An Executive Committee comprised of the President, Vice President and the past President and at least one representatives from the county of San Luis Obispo none -of the above)jM shall advise the Transit Manager an S ORTA on: draft agendas, personnel issues, budget and Overall Work Program,; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation o e Regional Transit Manager. Items for revWew shall be selected by the Transit Manager in consultation with 11 the President. All Committee members may include agenda items as they desire. For purposes of conducting business, ROM two members shall constitute a quorum. 4. No committee shall commit SLORTA on any matter or questions of policy. Such matters or questions can only be decided by SLORTA. 5. All- committees shall receive clerical assistance from SLORTA staff and, by agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Transit Manager may direct. The chair of each committee shall sign the ongrnal copy of the minutes indicating ve cation of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLORTA and the Transit Manager. ARTICLE III Financial Provisions Section 1. Budget The Regional Transit Manager shall prepare an annual budget for Transit Authority adoption prior to commencement of each fiscal year. The approval of the Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers Agreement of _ SLOCOG. Accounting practices to be applied will conform with those used by San Luis Obispo County, consistent with Transportation Development Act rules and regulations. A Consolidated Fund balance and cash balance will carry forward from one year to the .next. The budget may additionally cant' funds for future fiscal years where necessary to develop a multi-year Capital Improvement Program and to reflect obligations under state of federal55—ding agreements, to the extent allowable by Ca ifomia law. No member Agency shall be required to expend any of its general fund monies to support the operations of the Transit Authority. The operation of the transit system shall be funded from revenues derived from operations, member Transportation Development Act fund contributions, grants, and any other appropriate revenue sources. Each member agency shall make an annual ntnco button to the Transit Authority in accordance with the adoptedud�get. Any formula may be amended upon approval of all jurisdictions affected by that formula and ratified by the Transit Authority. � All population percentages utilized shall be those annually adopted by SLOCOG for allocating Transportation Development Act Funds based annually on estimates prepared by the State Department ot Finance pursuant to Section 2227 of the Revenue and Taxation Code for SLORTA JPA PAGE 3 C 7-as Cities and by the County Planning Department for unincorporated communities. Section 2. Expenditures: The Transit Authority may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by the Transit Authority or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Transit Authority may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. Section 3. Treasurer and Auditor. Pursuant to Government Code Section 6505.5, the Treasurer�he County of San Luis Obispo is hereby designated as Treasurer of the Transit Authority. The Treasurer shall have the powers and duties set forth in Government Code Section 6505.5. The Auditor/Controller of the County of San Luis Obispo is designated as the Auditor of this Transit Authority pursuant to Government Code Section 6505.5. Section 4.Annual Audit The Transit Authority shall cause an annual audit to be prepared and filed in accordance with Government Code Section 6505 and Public Utilities Code Section 99245. Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an annual report of the operations to the Transit Authority, SLOCOG, and State Controller.within 90 days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243. Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of ridership, inances, or other information. It shall be the responsibility of the Regional Transit Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the Transit Authority. ARTICLE N Authority Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of the Transit Authority specifically include, but are not limited to,the following: a. To solicit bids and negotiate contracts from private enterprise for services and/or operation. b. To sue or be sued. c. To employ agents, employees and contract for professional services. d. To make and enter contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate necessary equipment, building and improvements. f. To acquire and convey real and personal property. SLORTA JPA PAGE 4 C7 -30 g- To incur debts, liabilities and obligations of financial assistance from State and Federal agencies and to obligate the Transit Authority to operate the improvements, equipment or transportation system in accordance with the terms and conditions of said financial assistance. Section 2. Transit Authority is a Public, Legal Entity: The Transit Authority is a public entity duly formed and ebsting under the laws df ffie State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those of its officers, employees, members of the Board of Directors or the member agencies. ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Member. A withdrawing member's financial obligation under this Section is limited to the withdrawing member's pro-rata share of the currently adopted operating budget based upon ARTICLE III, Section 1 within the service area'of the obligated commitments affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are reasonable to meet pursuant o PUbUC Utilities Code Section 99401.5. Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made without the consent ofaallmember agencies at the time of the amendment. Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to those parties executing this agreement upon their execution of the agreement. Section 4. Assignability: In the event it is deemed in the best public interest to have the Transit Authority operated y another individual or entity, whether public or private, and provided that the assignment complies with State and Federal laws, the agency on affirmative vote of the majority in accordance with Section 2 of ARTICLE 11, may sell, lease or assign all of its real and personal property and cease operations upon such terms and conditions as the Transit Authority determines to be reasonable. Section 5. Termination: This Agreement shall continue in full force and effect until rescinded by a majo-EW-Uo the member agencies. Section 6. Notification to Secretary of State: Pursuant to Government Code Section 6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed, the Transit Authority shall not incur indebtedness of any kind. SLORTA JPA PAGE 5 C7- 3, IN WffNESS WHEREOF, the parties 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. e CITY OF PASO ROBLES By: Date: Mayor Resolution No. Clerk SLORTA JPA PAGE 6 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. APPROVED AS TO FORM AND LEGAL EFFECT: JAC CRAWFORD Legal Counsel By: Legal Counsel Dated: Adopted by SLORTA . 1998 SLORTA JPA PAGE 7 C'7 - 33 SLOC.'OG JOINT POWERS AGREEMENT PAGE NO.I 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, June 8, 1994, and . 1998 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 Carifomia 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 (RTPA)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: C7 - 3'�- SLOCOG JOINT POWERS AGREEMENT PAGE NO.1 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. Maximize state and federal funding and facilitate the development, coordination, and implementation of local, and regional transportation programs to improve mobility and air quality. 5. Establish and operate a call box Program in the County. 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 _ Service Authority for Freeways and Expressways (SAFE)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. and adopted board policies and criteria. 3. Conduct a continuous, cooperative, and comprehensive 4iitti inter-modal transportation planning and project programming process that satisfies federal and state requirements. 4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement of an effective and efficient ii"inter-modal transportation system that satisfies the existing and projected mobility needs of the region. 5. Develoo and operate a Countywide call box system in coordination and cooperation with the California Highway Patrol (CHP) and the California Department of Transportation (CALTRANS). 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. W 35 SLOCOG JOINT POWERS AGREEMENT PAGE NO.1 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 respectively: the San Luis Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council (SLOACC), and back to SLOCOG. 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. a An 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. !; ,e A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation; and Trr as a Y:. Ir s r 1 �.iF d�^.,, . �`' PA �:x,Q It _;�i �,p� 4. 1�,F'w P-1Lryi s ..r 5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County of San Luis Obispo and a maiority of cities with a majority of population. 6. A Census Data Affiliate as designated by the U.S. Bureau of the Census. 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; is provide for employment of necessary personnel, experts and consultants;4 accept gifts, loans, and grants; to acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue and be sued; and 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. C 7-3(- SLOCOG JOINT POWERS AGREEMENT PAGE NO.2 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 SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to SLOCOG referred to as "Board Members", 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/her appointee, may sit as an ex officio member of the Board. He or she shall receive all meeting notices and agendas, 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 altemate(s) shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or altemate(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 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. C7 - 37 SLOCOG JOINT POWERS AGREEMENT PAGE NO.3 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 bome 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 bome by the respective entities. All costs incurred by SLOCOG performing functions as the MPO, and RTPA and4G.M.Arfor 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. All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo County, as designated by adopted local resolutions shall be paid out of the SAFE fund established pursuant to Section 2550 of the Streets and Highway Code as provided for therein. 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 bome 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 or from designated funds as approved by SLOCOG and/or applicable state and federal agencies. 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 COG. MPO, RTPA and GMM SAFE budget requiring local contributions, 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. Vt. OFFICERS 1. Officers. 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 Jttfie January meeting. 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: C-7 - 39 SLOCOG JOINT POWERS AGREEMENT PAGE NO.4 a. President: 1) Shall preside over all meetings of SLOCOG and the Executive Committee 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. b. Vice-President: 1) Shall serve as ghaik. President Pro-tem (delegated to temporarily serve as chair) 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/her 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 policies and procedures adopted by SLOCOG. g. Maintain a record of all financial transactions, correspondence and reports of SLOCOG. h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial performance audit of SLOCOG. c1- 34 SLOCOG JOINT POWERS AGREEMENT PAGE NO.5 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. 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. L1� � SLOCOG JOINT POWERS AGREEMENT PAGE NO.6 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. Vlll. 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, ry, eefiR lendar adopted irk at the June and February, April and June, as specified in the-a�aE-r� g••ca _ T-i�'•�1 40 January meetings. �. ...�._.W_.. ..... ,.�_.,. . 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 judgment 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 govem 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. C? `►/ SLOCOG JOINT POWERS AGREEMENT PAGE NO.7 X COMMITTEES 1. Committees and subcommittees may be established as SLOCOG may deem appropriate. 2. Membership on "ad-Hoe 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: efell 0endge064RO-adi:RW JO oisq 0'@4 _�7 7 9. e _45 UZI:- ;r1*7 and the Citizen's a. Technical Transportation Advisory Committee .n, 14 Transportation Advisory Committee (C-TAC) 4"''_ ' ,47 iL 711,.�.. ........71! . ........I.......... to advise the board on transportation issues per adopted Committee bylaws. b. Regional Transit Advisory Committee serving as the Regional Transit Productivity Committee to advise the board on the efficiency and effectiveness of transit systems and fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities Code; and j6j} c. 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 the Executive Director and SLOCOG on: draft agendas, personnel issues- budget and Overall Work Program; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation of the Executive Director. tems for review shall be selected by the P*e'sidepA Executive Director with consultation by the President. All Committee members May include agenda items as they desire. For purposes of conductino businessa quorum shall constitute two members. 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 chair of each committee shall sign the original copy of the minutes indicating hip verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLOCOG and the Executive Director. SLOCOG JOINT POWERS AGREEMENT PAGE NO.8 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 depository, 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 in accordance with an adopted Public Involvement Plan for Transportation Planning. Such process shall include: a.: Ciba-s Transportation Advisory Committees for advising SLOCOG on all-transportation issues; legal notices, and or press releases for aN 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. (1:7- (4 -3 SLOCOG JOINT POWERS AGREEMENT PAGE NO.9 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 CPTY OF MORRO BAY By. Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By. Date: Mayor Resolution No. Clerk C7-4$- SLOCOG JOINT POWERS AGREEMENT PAGE NO.10 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: JAC CRAWFORD SLOCOG Legal Counsel By: Legal Counsel Dated: Adopted by SLOCOG . 1998 jGowCLwr r_1WdiMERALL WORKPROGRAM 19MJ3910100-AmM A&m103oa=W-BWN.Cmrtaee BUPA AUGUST 98.d0e