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HomeMy WebLinkAboutR-6854 Ratifying the San Luis Obispo Area Coordinating Council Joint Powers Agreement - San Luis Obispo Council of Governments (SLOCOG)RESOLUTION NO. 6854 (1990 SERIES) A RESOLUTIN OF THE COUNTY OF THE CITY OF SAN LUIS OBISPO RATIFYING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT AND ITS AMENDMENTS BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement and its amendments attached hereto marked Exhibit A and incorporated herein by reference, between the City of San Lius Obispo and member cities and the County is hereby ratified and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Area Coordinating Council, 1050 Osos Street, San Luis Obispo, CA 93408. On motion of Councilman Roalman seconded by _ Councilwoman Pinard and on the following roll call vote: #C, AYES: Councilmembers Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing resolution was adopted this 21st day of August 1990. , r'ffa--yor Ron Dunin ATT T: Pam Voges, Cityo Clerk ' • i 5 � R6854 I ( 1 i v A- 116 -90 -CC FY 90 -91 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute.this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seg., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions con- tained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sec- tions 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and 0 A_11 G. nn nn F. 1990 -1991 JOINT POWERS AGREEMENT PAGE 2 0663 -1 /111 07 -17 -90 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transpor- tation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solu- tions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various govern- mental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and. federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the M permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. 1990 -1991 JOINT POWERS AGREEMENT PAGE 3 0663 -1 /111 07 -17 -90 II . NArKE The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement,.except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for member- ship in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to �J 1990 -1991 JOINT POWERS AGREEMENT 0663 -1 /111 PAGE 4 07 -17 -90 the Area Council shall consist of the five members of the Board of Super- visors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one represen- tative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member(s) in addi- tion to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to par- ticipate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provi- sions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. 1990 -1991 JOINT POWERS AGREEMENT PAGE 5 0663 -1 /111 07 -17 -90 V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the mem- ber agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is under- stood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state or fed- eral government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 1990 -1991 JOINT POWERS AGREEMENT PAGE 6 0663 -1 /111 07 -17 -90 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those func- tions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their' governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be forth in the budget as part of the annual work program of Area Council and shall be funded from the trans- portation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. S. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of those.present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such pro- cedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. 1990 -1991 JOINT POWERS AGREEMENT PAGE 7 0663 -1 /111 07 -17 -90 VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice - President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex- officio member of all committees. 5) Shall execute all .contracts and legal documents on behalf of the Area Council. b. Vice - President 1) Shall serve as Chairman pro - tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. C C 1990 -1991 JOINT POWERS AGREEMENT PAGE 8 0663 -1 /111 07 -17 -90 5. In the event of a vacancy occurring in the office of either the President or Vice - President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County - Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. 1990 -1991 JOINT POWERS AGREEMENT PAGE 9 0663 -1 /111 07 -17 -90 g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor - Controller shall be bonded or self- insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally field in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." 1990 -1991 JOINT POWERS AGREEMENT PAGE 10 0663 -1 /111 07 -17 -90 S. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty -one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of dele- gate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein: law. 10. Executive sessions shall be held in accordance with applicable 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Execu- tive Director to the Area Council and shall be submitted to member agencies. o c 1990 -1991 JOINT POWERS AGREEMENT PAGE 11 0663 -1 /111 07 -17 -90 IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on "ad -Hoc" policy committees shall be at the discre - tion of the President. Nothing herein shall be construed to limit member- ship on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the Administration. Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; the Public Works Committee, com- hi prised of all agency engineering officials appointed by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the. Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 4. No committee shall commit the Area Council on any matter or ques- tions of policy. Such matters or questions can only be decided by the Area Council. �J O 1990 -1991 JOINT POWERS AGREEMENT PAGE 12 0663 -1 /111 07 -17 -90 5. All committees shall receive clerical assistance from the Area Council staff for' the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verif- ication of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any proj- ect for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two - thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. RI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. C, 1990 -1991 JOINT POWERS AGREEMENT 0663 -1 /111 'J PAGE 13 07 -17 -90 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) 'cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect L 1990 -1991 JOINT POWERS AGREEMENT 0663 -1 /111 J PAGE 14 07 -17 -90 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. RD /msl /hg /cl/0663 -1 /111 7 -17 -90 0 1990 -1991 JOINT POWERS AGREEMENT 0663 -1 /111 CITY OF ARROYO GRANDE By: Mayor Clerk CITY OF ATASCADERO By: yor Clerk CITY OF GROVER CITY By: Mayor Clerk CITY OF MORRO BAY By: _ Mayor Clerk CITY OF PASO ROBLES i� PAGE 15 07 -17 -90 Date: Resolution No. Date: Minute Order Date: Resolution No. Date: Resolution No. By: Date: Mayor Clerk CITY OF PISMO BEACH By: Mayor Clerk CITY OF SAN LUIS OBISPO By: , Z yor u,,, - Clerk Minute Order Date Minute Order Date: Resolution No. d s e G JOINT POWERS AGREEMENT PAGE 16 COUNTY OF SAN LUIS OBISPO By: Chairman Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy Coin, ty sel Dated: (Q ` r., (96 RD /ms /hf /cl/0663 -1 /111 7 -20 -89 R -1 -19 Date: Minute Order El JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES snall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a _party to this Agreement, with each incorporated area being limited. to one representative. Representatives shall serve so long as they hold office with their member agency or until they .shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. APPROVE (c Amended 3. Member agencies may elect to have —ea-, alternate member in addition to any official member, but 'said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternat e (S) or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5.. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named B -1 -7 E 3. 1) JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be .kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. APPROVED " ad -Noc. Fel;cy as Amended 2. Membership onncommittees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President aay appoint any individual deemed qualified to serve on a committee./ Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agencAPPRO V AWDNO7ED as_Amendee planning officials - nemiaeted- by their respective agencies; the Public Works Committee, comprised of all agency engineering officials A�omz e, by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's .Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. B -1 -111 s���