HomeMy WebLinkAbout09/05/1989, C-9 - CONSIDERATION OF RATIFYING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT. liiil��tllll(�IIIIIIIIII�II�III �/ MF,4DATE
c� o San WIS OBISp0 9-5-89
9-
smogs COUNCIL AGENDA REPORT ITEM M
FROM: Nancy Rnofle#,'Transit Manager
SUBJECT: Consideration of ratifying the San Luis Obispo Area Coordinating
Council Joint Powers Agreement.
CAO RECOMMENDATION:
Adopt resolution ratifying the Joint Powers Agreement between the City and
member Cities and the County.
Background
The SLO Area Coordinating Council (SLOACC) was created through a Joint Powers
Agreement (JPA) with its member agencies to act in matters of transit and
transportation planning. The attached agreement (Exhibit "A") specifies the
purpose, powers, membership, staff and financing. Section IV of this agreement
requires annual ratification by its member agencies.
Staff considers this ratification a formality which simply keeps the City in
compliance with the JPA provisions.
Alternatives
1. Approve the annual ratification of the SLO Area Coordinating Council Joint
Powers Agreement.
2. Do not approve the annual ratification of the SLO Area Coordinating Council
Joint Powers Agreement.
Concurrences
Historically, the County of San Luis Obispo and the cities of Arroyo Grande,
Atascadero, Grover City, Morro Bay, Paso Robles and Pismo have been members of
the JPA. Presently, the county and each of the cities are considering the
annual ratification.
Fisal. Impact
None.
CAO Recommendation
Adopt resolution ratifying the Joint Powers Agreement between the City and SLO
Area Coordinating Council.
discregional/ccarB
Attachments: Resolution
on and Picquet Correspondence, 8-7-89
Cyhibit
"A"
ORESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
RATIFYING THE SAN LUIS OBISPO AREA
COORDINATING COUNCIL JOINT POWERS AGREEMENT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and
incorporated herein by reference, between the City of San Luis Obispo and member
cities and the county is hereby ratified and the Mayor is authorized to execute the
same.
SECTION 2.. The City Clerk shall furnish a copy of this resolution and a copy of
the executed agreement approved by it to: San Luis Obispo Area Coordinating
Council, 1050 Osos Street, #C, San Luis Obispo, CA 93408.
On motion of seconded by
and on the following roll call vote:.
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 1989.
C
Mayor Ron Dunin
ATTEST:
City Clerk, Pamela Voges
APPROVED: \
/ ity A inistrative Officer
City Attory
y
EXHIBIT "A"
FY 89-90
JOINT POWERS AGREEMENT
SAN LUIS OBISPO AREA COORDINATING COUNCIL --
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and. amended on November 4, 1982, and September 19, 1984,
by and among such of the incorporated cities of Arroyo Grande, Atas-
cadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San
Luis Obispo, all being municipal corporations of the State of California
and located within the boundaries of the County of San Luis Obispo,
California, as may execute this Agreement, hereinafter called "CITIES,"
and the County of San Luis Obispo, a body politic and corporate and a
subdivision of the State of California, hereinafter called "COUNTY," as
follows:
WHEREAS, Section 6500, et seq. , of the California Government Code _
(Title 1, Division 7, Chapter 5, Article 1) provides for agreements
between two or more public agencies to jointly exercise any power common
to the contracting parties, subject to certain mandatory provisions
contained therein; and
WHEREAS, the City of San Luis Obispo by virtue of its charter, and
the other incorporated cities in the County, parties hereto, by virtue of
Sections 65600 through 65604, inclusive, of the California Government
Code have the joint and mutual power to create an area planning
commission, herein designated "San Luis Obispo Area Coordinating Council."
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council and now wish to amend and supersede
the same; and
` 1
JOINT POWERS AGREEMENT
J PAGE 2
WHEREAS, Section 29532, California Government Code, provides that
such a Planning and Coordinating Council shall be designated the Regional
Transportation Planning Agency to act in matters of transit and
transportation planning; and
WHEREAS, it is desirable that a single agency be created by and with
the consent of CITIES and COUNTY to advise, plan for, and suggest
solutions to common problems; assist in the preparation of plans and
programs by utilizing planning talents and general plans of the various
governmental jurisdictions in the County and of experts in various other
fields and to coordinate their efforts; and
WHEREAS, creation of such an agency and action by it upon certain
Cplans and programs is necessary to comply with requirements of federal
and state legislation in order to participate in the allocation and
disbursement of state and federal funds which may be desired by COUNTY
and CITIES in the implementation of plans and programs which have been
approved by their respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
The San Luis Obispo Area Coordinating Council is organized for the
permanent establishment of a forum for planning, discussion and study of
area—wide problems of mutual interest and concern to COUNTY and to
CITIES; for the development of studies and adoption of regional plans; to
serve as a regional agency for certain federal and state programs; and
for other actions commensurate with the desires of the member governments.
�/ �If
JOINT POWERS AGREEMENT
PAGE 3 �
II. NAME
The official name of the organization hereby created shall be the
"San Luis Obispo Area Coordinating Council."
III. POWERS
The San Luis Obispo Area Coordinating Council hereinafter called
"Area Council," is hereby created as a voluntary agency pursuant to
applicable provisions of the California Government Code with the power to
carry out the purposes hereinabove stated and to implement the annual
work program" approved by COUNTY and CITIES, including the power to
contract for goods and services; to provide for employment of necessary
personnel, experts and consultants; to accept gifts, loans, grants; and
to administer the affairs of the Area Council hereby created in
accordance with this Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby
declared by COUNTY and CITIES that the debts, liabilities and obligations
of the Area Council shall not be the debts, liabilities and obligations
of any of the parties to this Agreement, except as otherwise provided
herein.
IV. MEMBERSHIP
1. Membership in the Area Council shall be voluntary, but only the
County of San Luis Obispo and all cities incorporated in the County of
San Luis Obispo presently or in the future, are declared eligible for
membership in the Area Council.
i
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JOINT POWERS AGREEMENT
PAGE 4
2. Representatives of the COUNTY and CITIES shall be appointed to
serve on the Area Council in accordance with procedures established by
each of the governing bodies of the member agencies. Representatives to
the. Area Council shall consist of the five members of the Board of
Supervisors of the County of San Luis Obispo from time to time in office
and of one additional member from the governing body of each incorporated
city within the boundaries of the County of San Luis Obispo which is a
party to this Agreement, with each incorporated 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
Orepresentatives shall be filled in the same manner as the first
appointment.
3. Member agencies may elect to have an alternate member in
addition to any official member, but said alternate shall be able to vote
only in the absence of the official representative.
4. Designation of the official representative or alternate, or
changes thereto, shall be transmitted in writing to the Executive
Director of the Area Council by the appointing city or the county.
S. In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be incorporated within the
boundaries of the County of San Luis Obispo and which may desire to
participate in the activities of the Area Council may do so by executing
this Agreement without prior approval or ratification of the named
t
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JOINT POWERS AGREEMENT
PAGE 5
parties to this Agreement and shall thereafter be governed by all the
terms and provisions of this Agreement as of the date of execution.
6. Membership.- shall be contingent upon the execution of this Joint
Powers Agreement and subsequent annual ratification.
V. OPERATION
1. The powers of the Area Council are advisory to the member
agencies which execute this Agreement except for those actions mandated
by state or federal law for the processing of applications submitted by
any of the member agencies for federal and state grants or funds which
require action by the Area Council. Nothing herein shall be construed to
limit in any manner the power of any of the parties to initiate and
complete a local project within their respective jurisdictions with their
own funds. It is understood, however, that the recommendations of the
Area Council may have the effect of precluding any favorable action by an
agency of the state of federal government in support of such a project if
other than local financing is sought, as determined by the respective
state or federal agency under law, regulations and policies applicable to
them.
2. Except as otherwise provided herein, there shall be no costs
incurred by Area Council pursuant hereto, other than expenses of its
members, which are to be borne by their respective entities, and the cost
of services by the officers and personnel of the respective entities to
said Area Council, upon approval of such services by the governing bodies
hereof, shall likewise be borne by the respective entities.
OJOINT POWERS AGREEMENT
PAGE 6
All costs incurred by Area Council performing functions as the
regional transportation agency for San Luis Obispo County as designated
by the State shall be paid out of the transportation fund established
pursuant to Section 29530, et seq. , Government Code as provided for
therein.
3. Costs of Area Council for each fiscal year which are necessary
for the ordinary operation of the Area Council, including but not limited
to office space, furniture, supplies and postage; and excepting those
functions performed as the regional transportation agency, shall be borne
by COUNTY in an amount. approved by the Board of Supervisors in the annual
county budget. Extraordinary costs as recommended by the Area Council
shall be borne by contributions from the member entities as approved by
their governing bodies.
Costs of all activities undertaken by Area Council as the Regional
Transportation Planning Agency shall be set forth in the budget as part
of the annual work program of Area Council and shall be funded from the
transportation fund pursuant to applicable state statutes.
4. The annual work program and budget, when adopted shall be the
-basis for—operation of- Area Council for the fiscal year. Any deviation
from the work program affecting the budget shall be returned to the
member agencies for approval.
5. For purposes of conducting business, there shall be present a
quorum consisting of a majority of representatives, including two COUNTY
representatives. No action shall be effective without the
JOINT POWERS AGREEMENT
PAGE 7
affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event
any agency demands such a vote. The representatives to the Area Council
shall adopt such procedures as are consistent with this Agreement and
necessary to conduct the business of Area Council in an orderly manner.
VI. OFFICERS
1. The officers of the Area Council shall consist of a President
and Vice-President elected for a term of one year by a majority vote of
member agency representatives to the Area Council.
2. Both the President and Vice-President of Area Council shall be
elected at the May meeting (annual meeting).
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President
1) Shall preside over all meetings of the Area Council as
Chairman.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities
of said Area Council.
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on
behalf of the Area Council.
b. Vice-President
1) Shall serve as Chairman pro-tempor in the absence of
the President.
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JOINT POWERS AGREEMENT
- PAGE 8
2) Shall give whatever aid necessary to the President in
administering of the Area Council.
3) ' ,Shall be an ex-officio member of all committees.
5. In the event of a vacancy occurring in the office of either the
President or Vice-President upon said officer's death, resignation,
removal or his ceasing to be an official representative of a member city
of the County of San Luis Obispo, such vacancy will be filled by majority
vote of the Area Council, the officer elected to serve for the balance of
the unexpired term.
VII. STAFF
1. The Area Council shall appoint an Executive Director to serve at
its pleasure, who will perform the following duties and such others as
may be assigned by Area Council.
a. Prepare and submit the annual work program and budget to
the Area Council for its approval and to the parties hereto
for ratification.
b. Shall keep an accurate account and file of all meetings.
C. Shall disburse all funds in accordance with the policies of
the County-Treasurer and the County Auditor/Controller and
the budget and work program adopted by the Area Council.
d. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the Area Council. on
all committees.
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JOINT POWERS AGREEMENT
PAGE 9
f. Shall insure that Area Council renders a written year end
report reflecting activities of the preceding fiscal year,
said ;year end report to be distributed to each of the
participating member bodies.
g. Shall be responsible for directing those employees
authorized by the Area Council in the budget. Employees
are to be appointed by the Area Council on the
recommendation of the Executive Director and to serve at
the pleasure of the Area Council.
2. The Executive Director of the Area Council shall have charge of,
handle and have access to, any property of the Area Council.
3. The Executive Director, Treasurer, and Auditor-Controller shall
be bonded or self-insured through the county in-lieu of bonds (in
accordance with Government Code Section 24156) in the sum of $1000.
VIII. MEETINGS
1. Regular meetings of the Area Council shall be held at least six
(6) times a year or at more frequent intervals as approved by the Area
Council.
2. Special meetings may be called by the President or upon written
request of at least three (3) representatives of the Area. Council.
Actual notice of special meetings must be given at least three (3)
business days in advance.
3. Meetings shall be open to the public as required. by state law.
1
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JOINT POWERS AGREEMENT
PAGE 10
4. Regular meetings shall be. generally held in the first week of
January, March, May, July, September and November, or as specified in the
annual meeting calendar adopted in May. The May meeting shall be
designated the "annual meeting."
S. The Executive Director of the Area Council will direct the
publication of notices of all meetings pursuant to state law.
6. Only official representatives or alternates shall represent a
member of the Area Council or vote on any motion before the Area Council.
7. The meeting agenda shall be prepared by the Executive Director
to the Area Council. Agenda material shall be submitted to the Executive
Director at least twenty-one (21) calendar days prior to the nest regular
meeting and distributed to members at least fourteen (14) calendar days
prior to the next regular meeting to allow member agencies to advise
their representatives on tentative vote subject to independent judgement
of delegate based on public testimony. Unless authorized by majority
vote of the representatives at a regular meeting, only agenda items shall
be considered by the Area Council.
8. The Area Council, at the discretion of the President, may
memorialize any of its actions by resolution.
9. Robert's Rules of Order or such other rules as the Area. Council
may adopt will govern all proceedings not specifically provided for
herein.
10. Executive sessions shall be held in accordance with applicable
law. !
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JOINT POWERS AGREEMENT
PAGE 11
11. The Area Council shall hold public hearings for the adoption of
Regional Plans.
12. Minutes of all Area Council meetings shall be kept by the
Executive Director to the Area Council and shall be submitted to member
agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as the Area
Council may deem appropriate.
2. Membership on 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. Standing committees shall include the Administration
Committee, comprised of all managers and administrators of member
jurisdictions; the Legal Committee, comprised of all city and designated
county attorneys; the Planning Committee, comprised of all agency
planning officials nominated by their respective agencies; the Public
Works Committee, comprised of all agency engineering officials nominated
by their respective .agencies; the Technical Transportation Advisory
Committee (TTAC) and the Citizen's Transportation Advisory Committee
(CTAC) as per the Memorandum of Understanding between the California
Department of Transportation and the Area Council; and the Transit
Productivity Committee as required by Section 99224 and Section 99238 of
the Public Utilities Codf. The Area Council may organize such other
technical advisory committees as it deems necessary to carry out Area J
Council functions.
����43
JOINT POWERS AGREEMENT
PAGE 12
3. No committee shall commit the Area Council on any matter or
questions of policy. Such matters or questions can only be decided by
the Area Council. , ,
4. All committees shall receive clerical assistance from the Area
Council staff for the purpose of maintaining minutes of meetings and
other such duties as the Executive Director may direct. The chairman of
each committee shall sign the original copy of the minutes indicating his
verification of contents. Copies of minutes of all meetings shall be
sent to members of the Area Council and the Executive Director.
X. FINANCE
1. The Area Council shall have no power to expend funds on any
C' project for which funds have not been budgeted, nor on any item in excess
of the budgeted amount without specific approval of two-thirds of the
governing bodies of the member agencies including COUNTY.
2. The Treasurer of the County of San Luis Obispo is designated the
depositary, and he shall have custody of all money of the Area. Council
from whatever source received. It is further understood that the
Auditor/Controller of the County of San Luis Obispo is, as such, auditor
of the Area Council.
XI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree.
to assign representatives to serve as official members of the Area
Council or any committee or subcommittee thereof who shall act for and on
behalf of their city or county in any or all matters which shall come
C�
JOINT POWERS AGREEMENT
PAGE 13
before the Area Council, subject to any necessary approval of their acts
by the governing bodies of CITIES and COUNTY.
2. Any party, to this Agreement may withdraw from the San Luis
Obispo Area Coordinating Council and terminate its participation in this
agreement by resolution of its governing body. The withdrawal of the
member shall have no effect on the continuance of this Agreement among
the remaining members and the Agreement shall remain in full force and
effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of
further contributions falling due beyond the date of withdrawal and shall
have no right to reimbursement of any monies previously paid to Area
Council, provided, however, that Area Council may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable
and can be done without jeopardy to the operation of the Area Council.
If any party hereto fails to pay its contribution, as determined by Area
Council, said entity shall be deemed to have voluntarily withdrawn from
the Area Council.
4. Area Council may be dissolved at any time and this Agreement
rescinded by a joint agreement executed by COUNTY and CITIES which are
parties hereto. Said rescision Agreement shall provide for the orderly
payment of all outstanding debts and obligations and for the return of
any surplus funds of Area Council in proportion to the contributions made.
a
• JOINT POWERS AGREEMENT
PAGE 14
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman
or mayor and clerks of the governing bodies of the County of San Luis
Obispo and at least four (4) cities, pursuant to resolutions of such
governing bodies authorizing such execution and shall remain in full
force and effect until dissolved pursuant to the provisions herein. This
Agreement may be executed in eight (8) counterparts which together shall
constitute a single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
G
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RD/msl/hg/cl/0663-1/111
7-25-88
JOINT POWERS AGREEMENT
PAGE 15
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Minute Order
- Clerk
CITY OF GROVER CITY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Minute Order
Clerk
CITY OF PISMO BEACH
By: Date
Mayor
Minute Order
Clerk
I --
CITY' OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No. 9-
Clerk � r
C JOINT POWERS AGREEMENT
PAGE 16
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By.
County Counsel
Dated: O
RD/ms/hf/c1/0663-1/111
7-25-88
t X
LAW OFFICES
LYON & PICQUET
ROGER LYON* 1104 PALM STREET TELEPHONE
ROGER PIC DUET POST OFFICE BOX 922 (605) 541-2560TELECOPIER
TIMOTHY J.CARMEL SAN LUIS OBISPO, CALIFORNIA 93406 (605) 5433657
NM'
compo"10.
August 7 , 1989
MEMORANDUM
TO: Nancy Knofler, Transit Manager
FROM: Roger Picque.t l�—
RE: Area Council ,,JPA //11
Pursuant to Vicki ' s request, I 've reviewed the subject
document as forwarded by cover letter dated July 7 , 1989 from Ron
De Carli. The JPA appears legally sufficient and is approved as
to form and effect. ^�
Please call if you have any questions.
RP/bw-1
Enc : Original materials
cc : Vicki Finucane
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