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HomeMy WebLinkAbout09/07/1993, 6 - SLOCOG JOINT POWERS AGREEMENT, FISCAL YEAR 1993/94 ' MEETING DATE: I��h�iM�lYllll��ll �lll C1ty of San 1�,,s ompo COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Michael McCluskey, Public Works Director THIS ITEM CONTINUED TO SUBJECT: SLOCOG Joint Powers Agreement, Fiscal Year 1993/94 f-7-?S L)'PAE, if scheduled CAO RECOMMENDATION: By motion, approve and authorize the Mayor to sign the Joint Powers Agreement of the San Luis Obispo Council of Governments, Fiscal Year 1993/94 DISCUSSION: San Luis Obispo Council of Governments during the fiscal year 1992/93 became an independent agency and no longer works within the auspices or direction of San Luis Obispo County. In order to recognize that change in administration and to fulfill goals set by the SLOCOG Board of Directors, a number of changes are proposed to the SLOCOG Joint Powers Agreement. The Joint Powers Agreement requires a unanimous vote of approval by all agencies within SLOCOG, prior to any proposed change to the Joint Powers Agreement becoming effective. As of the date of preparation of this agenda item, Grover Beach and Arroyo Grande have approved the changes to the Joint Powers Agreement. The remaining five cities and the County have yet to take action upon the proposed changes. The proposed changes are discussed as follows. 1. Section 1 - Purpose. The SLOCOG Board of Directors wish to have the Joint Powers Agreement modified to include the mission statement of SLOCOG. Thus an entire new section defined as Purpose was created to fulfill an answer to that request. Basically, the proposed purpose of SLOCOG is to exist as a regional agency providing a forum for planning, discussion, cooperation amongst the various agencies while maximizing State and Federal funding for various programs. This section proposes to achieve that purpose via the various sub-agencies of which the COG is known: the Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA), and the Congestion Management Agency (CMA). These sub-agencies allocate the applicable Federal, State, and local funds, conduct a continuous and cooperative planning program among the various agencies to meet Federal and State requirements, facilitate an efficient and effective multi modal transportation system, develop an integrated waste management plan, serve as the regional census data affiliate, and discuss and study area wide problems of mutual interest. As the purpose and methods for implementation are and have been recognized since the inception of COG, no change is recommended by staff for any of the proposed statements in the JPA for the section entitled, "Pse 2. Section 3 - Powers. Under this section, the Joint Powers Agreement is proposed to be modified to allow COG new additional powers. Those powers being: to acquire, hold and convey real and personal property; incur debts, obligations, and liabilities; sue and be sued. In the opinion of staff, this greatly expands the power of SLOCOG. The agency could begin an aggressive property acquisition program, or could decide to sue one of its own member agencies. While the SLOCOG Board of Directors could, should, and probably would control any right-of-way property acquisition and thus the incurrence of debts and obligations, staff feels such a concern should be noted by Council on ratification. 1111111111111�11Kcity of San t 3) OBISpo i COUNCIL AGENDA REPORT COG JPA Page Two. The remaining issue of COG being able to sue or be sued requires additional consideration. The ability of SLOCOG to sue a member agency could create a very large schism within the organization and would not be in the best interests of the purpose and the goals of the organization. While staff is recommending ratification of the Joint Powers Agreement, staff would likewise recommend that the agreement be further modified in the following year to include the inability of SLOCOG to sue one of its member agencies. 3. Section 4 - Membership. A minor change is proposed in Section 4 allowing cities to elect an alternate member from the City Council, but that the alternate member should only be able to vote in the absence of the official representative. 4. Section 5 - Operation. Changes proposed in this section deal with salaries and services which SLOCOG will incur as a direct result of becoming an independent body. The section changes allow for SLOCOG Board of Directors approval of the budget and any budget changes thereto. An additional change involves the requirement for a Quorum. At its June meeting, the SLOCOG Board of Directors voted to change the bylaws' definition of a quorum. One County Supervisor will be sufficient, rather than two Supervisors, once the proposed changes are ratified. This resulted from numerous SLOCOG meetings starting late as a direct result of non-attendance by a second Supervisor. With only one of five Supervisors in attendance, great effort had to be made to locate a second and thus allow the meeting to begin. The proposed change will eliminate this problem. This was accidentally not highlighted as a change by COG staff. 5. Section 7 - Personnel and Services. Extensive changes were made to Section 7. The existing JPA Section 7 is titled simply,"Personnel". These numerous changes are proposed as a direct result of SLOCOG becoming an independent body. They define the relationship of the Executive Director, the submittal of financial reports, the basis for removing and suspending employees, and the basis for the Executive Director to maintain custody and control of all property of SLOCOG other than monies and securities. Additionally definitions are provided for legal counsel, treasurer, controller, and bonding requirements. As this is the first year of its independency, SLOCOG asked the County Auditor/Controller for a detailed estimate of the charges anticipated for legal services, treasurer, and controller services to be provided by San Luis Obispo County personnel. After those fund amounts were established by the Auditor/Controller, specific line items for payment for those services were included in the SLOCOG budget. As with all other budgetary review processes, it is the responsibility of the Executive Director to keep expenses within budget. Further, it is the responsibility of SLOCOG Board of Directors to review the performance of the Executive Director to maintain that performance and keep the overall SLOCOG budget within its projected amounts. 6. Section 8 - Meetings. Subsection 7 of this section was changed to require that agenda material be submitted to the Executive Director 14 days prior to a meeting and that the Executive Director be directed to distribute that same agenda to member agencies 12 calendar days prior to the meed EA city of san t. 4- OB�SPO lwii COUNCIL AGENDA REPORT COG JPA Page Three. T Section 9 - Committees. Subsection 3 was amended to redefine the composition of the legal committee. The legal committee shall now be composed of SLOCOG's legal counsel and the attorney's of the member agencies. Two new committees were established as the Solid Waste Task Force and the Solid Waste Technical Advisory Committee and incorporated into the Joint Powers Agreement. However, this committee will exist only until such time the duties are transferred to the Solid Waste Authority. It is presumed that the JPA would be amended next year to delete these committees. A new committee was also established to be known as the Executive Committee. It will be comprised of the president, the vice-president, the past president, and one representative from the County of San Luis Obispo. The purpose of the committee is to advise SLOCOG on the budget, the work program, controversial policy issues, and the criteria for funding allocation. Staff feels that with one mandated representative from the County there should likewise be one mandated representative from one of the member cities. Further, the duties of the committee appear no different than those of the Board of Directors and therefore staff questions the usefulness of such a committee. 8. Section 10 - Finance. This section is changed to show the fact that the County Auditor/Controller shall be the auditor of SLOCOG in accordance with other sections of the agreement. 9. Section 11 - Citizen Involvement. This new section has been created to reflect the fact that SLOCOG shall carry out a citizen involvement process by creating a citizens transportation advisory committee. OTHER ISSUES: 1. SLORTA Merger with SLOCOG - SLOCOG is currently proposing a merger with SLORTA in order for SLORTA employees to receive PERS benefits. Although at first glance the issue seems relatively simple and easy to approve, the true resulting issues are complex and not easily resolvable. Since this issue is not a part of the current JPA revisions, staff will await any SLOCOG actions, leading to another JPA revision, for detailed review. 2. Santa Maria to San Luis Obispo Bus Route - This is not a SLOCOG JPA issue but gets frequent mention with SLOCOG issues. Basically the SLORTA Board of Directors, at its June meeting, agreed that any permanent new bus route outside of the county would require a unanimous vote of support of all member agencies. The current proposal is for a one-year trial period, said trial period to begin upon receipt of $25,000 from both the City of Santa Maria and the Santa Barbara COG. The SLORTA Board voted to allow .the trial run without requiring a unanimous vote of member agencies. After the one-year trial period, a unanimous vote would be required to make the route permanent. Attachment: SLOCOG Joint Powers Agreement 1pacowmml San Luis Ob, p o Council of Dvernments Arrcyo Grande ^ .,,tascndero / \ Regional Transportation Plaruling Agency Crrver Beech Morro Bay Pbl Metropolitan Planeso Roes ning Organization sago Robles Beach Congestion Management Agency t Sin Lu: ` Roo FY 93-94 JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WITNESSETH: THIS JOU4T POWERS AGREE\TENT 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, and June 2, 1993 by and among such �of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the Stateof California and located within the boundaries of the County of San Luis Obispo, California, as may execute'this Agreement, hereinafter called "CITIES," and the Countyof SanfLuis 101 i p , a body ,'olitic fond orporate and a subdivision of the State of California, heter `i-HEREAS, 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 N3rHEREAS, 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 poNver to create an area planning council; and WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish. to amend and supersede the same; and - WHEREAS, Section 29532, California Government Code, provides that such.a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and D-1-1 c-- r (lh;cnn CA 93408: tel. (805) 781-4219; fax. (805) 781-5703 cency and n certain pla ns and programs WHEREAS, creation of such ei is of federal andnstayetleg slat on in order to participate is necessary to comply with requirements in the allocation and disburseinent of of plans and programs e and federal which have been s which may be sa proved by their and CITIES in the tmpleme P respective governing bodies. NOW9 THEREFORE, it is agreed as follows: I, PURPOSE ..:.:,....,Y..,.. n« ..... c . . 0li'L a �i`fie member cities a11d'count`'have ��tned togethectq,.•esfabh.h the ;, vl: C`ouilc►l.of GoFer�lnlestt5 for tl�e follo��in�purpo "$< res a Re�orial �g"ency, add;ess iisues of ;riuival rc�ncecn Ifo the c°Qir.....I li Lin an at des^ , .. g L e$ah IisxCbts''o regton, and s�+t�f1' 1ecterat and s�Le Plannrn an p tannin , otscusslon and siudy oE,a�ea���iPW ae issues, ptepaie �;d �. :`' x.pro �ce a fors fez P g % 2dept"regional tan< <rd piodratns sen e as the rEgtonal agency f for ederal and szte�ro�ra s ;`,' a '-r:i; tties,.2na aodre�s n:lter ateati'�tde issues eased on the1.desres of�e meo�b�t �prsd forts F.x< €e e<ent n erl;,er�unsxdic�iotc as p;anrer,'programri er, and 3 p c ortatlen: . stern;.hat p ov des for the rncb.lwt r'eeos aF efficienta.'td effective r�ulii rnodzl,rr_n P< �',.::<'.':'.,. : , �xeo Ie, 000cs, �r�d se�tces ,While protecttng �l1ee�"=vi�v�i��t� P.:..:.p d fac�lttate the development, coerclmat�on, ,'" �~flxtnnze st2te Mrd federal funatrlg an .. zr,d .se�onal transpot•t4tlon program�.x'°..i:�. rope mo 1. tat�on of loci] 1113. lE�ien.. 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F S DevElop the�ourty Irategraed �Vaste 141arta�en�en �r► �-r " ,. Ciies ':atlii other affected ;enhttes, unttl,such tune thatndut�es�2re,trari�ferred io a coiid �vac.e 2tI.3.0I11 6, ; Sert�:.as tfi: ?.glgnal Ce*tats Data atttltate 'o anall7 and dtssem�ilat coc o-eco...... c 2ndfdeibr�phtc data `fir >>tegratton irto local end reg>ona? studies,and pians$ ..ae:.aa..v.na.M:v:...a...4ma..\..:...w:+.n...... ...... ......a:..v..r..:::.n.....:.n::..:.�v::::.::'.:v:.p:.:a:.:::::.v:::..w::�v:r:::.+,xrin}}>y's:.y:CH.•wni::!n�.:'::':f:.:::::::....:........:.. }C:'...ova.....w:i.:n..y y•.'Fri"^'S•.. tl ] ♦ � 1 . 7:�`::u`°•`'Discuss at?d<studyaiza=ividz problems of �lutaa� tnteres>. and corieern , o �-te c�tles at:d.. cot ulty and facul:tate ire de�$loptrert ofolictes and action recertr, ei daltons;for t`�e seiut�o of>s>3ctt proolet�s� II. ESTABLISHIIENT OF THE SAN LUIS OBISPO COUNCIL OF GOVER-LAMENTS (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 of otherwise execute this Agreement. When originally established, SLOCOG was known as the San Luis Obispo County and Cities Area Planning and Coordinating Council, subsequently renamed SLOCOG, and renamed as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor entity to the original COG established in 1968, insofar as its predecessor entity has been designated, and insofar as legally authorized shall function as: 1. The Area Wide Planning Organization (APO), as designated by the U. S. Department of Housing and County Development (HUD); .2. A Council of Governments (COG), as designated by the Governor of the State of California; 3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California; D-1-3 SLOCOG JOINT POWERS AGREEMENT c:1vvp51\resus\1993-94.jpa 4, The D4etropolitan Planning Organization (b4P0) as designated by the U. S. Department of Transportation; and 5. The Congestion Management Agency (CMA) as designated by the County of San Luis Obispo and the cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo. III. PO«'ERS 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 rove r annual work program, including: the power to contract for ,nods and services; o provide necessary ersonnel, experts and consultants; to accept gifts, loans, grants; n employment of necry<P.;<. >Y;N,..:;, :::. .:., .^. ts'�biQati:o,3 ; rdiaij7j P; P. acquire, 1io d zn Acaneey rezl and ersora1 p�opery,.,1nc.jr.... h > and e ... and to administer the affairs of SLOCOG hereby created to accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIFS 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 othenvise provided herein. IV. MEMBERSHIP 1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eli?ible for membership in SLOCOG. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to SLOCOG shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one member from the overning body of each incorporated city within the boundaries of the County of San g Luis Obispo which is a party to this Agreement, with each incorporated area being limited to D-1-4 SLOCOG JOINT POWERS AGREEMENT c:1wp511resos11993-94.jpa one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. The Director of the California Department of Transportation, District 5, or his appointee, may sit as an ex officio member of the Board while sitting as tite Congestion Management Agency. He or she shall receive all meeting notices, shall have the right to participate in Board discussions, and have the right to request matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. ;t: 3. Member city agencies may elect to have an alternate member(s) fru le �;ci y c0:':aE,I in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city. 5. In addition to. the incorporated cities presently a party to this .Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the SLOCOG may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of SLOCOG are advisory to the member agencies which execute this Agreement except for.those actions mandated by state or federal law for the processing of . applications submitted by any of the member agencies for federal and state grants or funds which require action by the SLOCOG. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of SLOCOG may have the effect of precluding any favorable action by an agency of the state or D-1-5 SLOCOG JOINT POWERS AGREEMENT C:\wp5I\resos1I993-94Jpa ipa federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said h services by the governing bodies hereof, shall likewise be SLOCOG, upon approval of suc borne by the respective entities. All costs incurred by SLOCOG performing functions as the 1`1P0, RTPA and CMA for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein, and State and Federal planning funds. 3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of SLOCOG, including but not limited to sal2e5, office space, furniture, 2rdsea ices and supplies shall;bese[fprtli nYd1e oudaet�s part of t?�eannual a;ori..pf.. ... nl of SI.fl ad shall oe funded from deSi�nated i�ncs a5 appro�°e�b)' Si.000G znd apPlaczbie . iQerc}es ;;Extraordinary costs as recommended by SLOCOG shall be borne by contn utions from the member entities as approved by their governing bodies. ..: . en::b...:::.S. ... ..:......:.::.:::.._......,,.....:.. :.:..... Costs of-zti outer,eatraoroinary"acU�atesu } t Y :OrIIautzatton shall be set north tri she bidet �s part of the arin>3alYti�orl. pro�rarn and b : b sliallef..unded from: ot3tnl?utions#.ro,n rr�embeI.r esti es�s approved b it3etx CO na biros;: :.:::n;w...;....h...F..w.v.G}.. mw .:.:. 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 r W sts �shtch ha'e net�Gn fuad w>.. budget shall be , ppro4edb =.SOCOG any h 1] b' �e „, ....v...,. . ..... .: , <an returned to n mber cies for q y: k d CMAAAudget,Ns a.: . r the agencies Pd,,)tTl�� :. � ..,,...�. ... ..�.n. approval. $. 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. D-1-6 SLOCOG JOINT POWERS AGREEMENT c:1N%,p511resos11993-94.ipa VI. OFFICERS 1. The officers of SLOCOG shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to SLOCOG. 2. Both the President and Vice-President of SLOCOG shall be elected at the June meeting. 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President: 1) Shall preside over all meetings of SLOCOG as Chairperson. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said SLOCOG. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of SLOCOG. b. Vice-President: 1) Shall .serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid is necessary to the President in administering SLOCOG. 3) Shall be an ex-officio member of all committees. t 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 SLOCOG, the officer elected to serve for the balance of the unexpired term. D-1-7 SLOCOG JOINT POWERS AGREEMENT c:1�;,p51\resos\1993-9 4.j pa VII. PERSO\`NEL \ ;SEltytCS ...:..::.....::::..:... ..... ;>;>; >;;;:;.,..,, �..,, ,,;,,,r :.:..::::ted.b�' °......s : 1.I serti`e 1, ExecutiFeDirector TneEXecutr�aDtrectorsh�.lbe elac_ ��ersaoarr �t iie�leaCtare.of artd upon tre tErots p� c�ber� b • the SLOCOG I3oar• :. :ne . .: .. s ,. ....:.;. � tie,>� or'�'Q `0:a ..:...... ::::,. .,. :.,::,.:YYr»,: ..x..x....., r. a Send `as_tl a chef ad.... . strattye officer foF SI.00 .G !;4 !o L reonstb' .to SLQCOG `or ti a a 73n�strattdn of ail SLOCOG 41fa'1� r;,>:;r::v«...................: w:; :,::: ":_" ' > ........`.>. preparation of the annual work program and P,:. . ., budget to SLOCOG and be'responsble, for is i3n Ye i�entten c ief ,Y :r,..,. »>; .:.„, a o o..... S�O.COG¢ c k ,Atte. d rieet;�Qs of SL000.G Poard and pct as Secretar; '�BYgad d. Disburse 211 funds in accordance Phlecies of bud etl'ando work pros am easurer and the County Auditor/Controller and adopted by SLOCOG. ;Y;:Y;.:::::: «:;.... ..... ;:-;,:::: �e,> narc k�;: YYY:Y:. „,.... ..rs:. nd::�suziu.t:;ao;SlO:COGt.ertod..:.:.;>::.::,::::::.:::Y::........ ... iePare.A2Y:...w:;<:<.;Y .<..Y:<.: ,...:.::.:......Y..,. . nn.... .:. written 3.ear end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. .......:.., .: v:,:,.n..,.:..:xY •.:<::.�. <:;: • ci line:�:ee:;rend.oti.e:;SL.»;::;:::<;::;.::<;::,::;�;:�.::; sP f Appoint„s ape ase, s�spet3d,sd , < .:..<,-. h 4 'educes ado ted by S�,aCOG - :.:F, ,arse•,,., ,.a 9J;+;,r'. g Maintain a record of all Amciyal' ra : e:to ► °x correspondence and reports of SLOCOG. ::M.Y:«<,:::<,:.>::<,,:::> : :._,.: :.::>::«.. :r::v .::Y::<:x:::Y:.::.::: -au t':of::SIO,COG . ,. ..- annua] a h ;:<N Cozriraet<an�:assure co�»pletioi3 of an .. , :,.a w::..:.Ys::;y,. ....:..; g e:.1n<:carry SLOCOG ula� tequ3r ....:x Periform•:s r I.M. ucli other ut�es as ...,, :. : and<;dtrectton°of=Sis W:>,::•YY:JYYY:::.:...... ian j, �T2infv;� custody and conuot' of all property of SLOCOG, o., : ionies grid:sec\ nes D-1-8 � -II SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\I993-94._jpa .?:f....:.....:.iy:vn}:••ni}.....:.}..3:'::n.{}:i:::i'..k:.`...::::.:Y.}.... .....;. . .............. ...... ..:.,...;: . .........:.::; < Office<sbaliser e:::as:'e� :.,:.. 2 Regal CouuseI itte San Laus Obrspo Cflunty Cvu.. el..s -mmZ7, couti�el at the pleasure vfSLOCQG $oaraid shall be re�nibursed forsen ces rePd�ed :.:::;}::.'..........:..... :.......z........rsne't ..,e.:..;....:..rn...r l" 1Cr. .: ofI%e�SIO:C�C ..........:n:..x......::..::.............+.. ::.v ... .. a ;:::: ' deceive and reveip# atl neo,e� of�LbCflG �rd;:place'it to the trean rv: of. Sad rv,, Linn Qbispo'C9uiity to the cz�clit of SLOCOG n,:..,.v..:i':i:::i.n:i::_:i'::.1:..:r }:.m :..: k,r : : .. ......., r a]151OCOG:7rsonev<:;� z3d responsible ,oz die safes,eep n�`4nd d�sbilrs 3rent v <;:fr. ni><SL4CaG_:3.ro.�:::SLfl.C. :G.....,,;� �ti�port�on rk�ereof;,upon uarrarais o�the SLflCOG.��optioller�esrEnated�'ee:ri .......... ...... .... xx ._:....nw.}M••: .:..n...vn.. ....nv,:..:Y.n:'. eA: :�F,' u and report}anpossal� e 2ftEr ahe #gist 3:. October, aniiay,°and Apr31 of each year t� SL:OCOG the amounts of morales .,4».. heJsbe fiords far SLOCOG, the zn3ount of rece�pks sic his�her last.report end any;3nterest:accrued #o illvse tends.: er:::for.;thek:acf2i:cstof$erce 'ztider SIYO.GCG.<:shali�' a Abu ' e ;T easu ,� . ,.:.......v...�.:...+,..A-rv,.....,n...n..,n.1.n.,,..ti_...�.......� is x .:ir ller euii: .';�f..>: :an.: urs<::Ob�� o.st�all;be P _. 4:..::„.:.;.>::;>nC. nf:r4 let: te.;;:Audiiai= �'vn .v „�..�.„;.,..................�n,.v.,......,...,.....:..:.wrv........, ".�::.:::::::rY.Y:c:'k>.2.,iY. ..r},,r.k„?,}.::.,...u:: .. ..� Z the::fintroder ,ter<tlte<"M COG' : .w,:� T i e'.Go roLer s alj 2 }:�:.,,:,....::ck:;a:.......-wi:?:i....,�;.iS..y;+}:%pM:;....i;..;u:i,y.1,�;':,:s.,,....., ,x,.;•.:k:;.^;..,.v...;,, r ` w warran's,to pad demands a;2lnst 5LQCflG wber�'the deriands Katie beerx w appro�red 1?v the CO`G ward 2ndibr she COG £xecu#ive Director 1�e1She s'�z be responsibl %e onyli;s/her official 'oor�d for h�sll,er appro�ih. drsbursetneni o sLacocAoneYl £µ D-1-9 SLOCOG JOINT POWERS AGREEMENT c:\%vp511resus11993-94.jpa b) ' Keep and arlclf3t�tn:reto�ds mrd boet.s ©# zccount on the bass o ge ieru�l} accepted'accoununQ•przct ces z a�atlable ali`stctt fnarcial records of SI.000G Yo a !e.... }•.:»: accountant ar pubLc actor i int corizractetl by SLOCGG to ntak '4 arnu� aLi'it of.,:tl�e accaiints "id records of SI Oc0 The�nin+mitm ........... of il e 2ud1[slia)1 b'e �hose::pre�cr �±ea by ;he State Controller fer:,` .......... district"s u+de Section 26909 oft Go�en'n ent Coce ltd shall c�tnfernt #o cenerall, �ccer`ed. a1 d11i+1rSt2ild�r�,� ... ...................:.......:......»...:::,...::;:.: >..,<.;;;:........ .......:.�y-'y.:';.+............ ry:::;:;-:;oi:.yrw: y..': xrc.:: r.s,;•.;.:<:::;2iz;;:.;:;;r::..>;;;;;..:.,k SLOCOG shall reirtburse t> e.Aptier,Controlter:for the cost ofsera�ces renzaered,. w I3bnd Regtiiren�evfs .:...::.•.y:...n.:.:......f.:.v::..:.....,:i::5•i:!::l.'.`•:�in.x:....�:.................: ;::i.iii:n•::':(:i..:::... •.J•i.".�....: l?::':i!•:•:i n:::'y::..y.....n.:�••: :'.:.. ::i :•.:..:: a) t { The:E>ecuti�e Director aid such other ,employees of SLOCOG as may b-, deli riated by the .COG Board,` s'ta�l rile �i�tti $LOCOG ab offctal fidelity bond n3 a st M determined by the:Counct .as secLnty for the s�fel eep> tg o�SLOGOG property entrusted .,Q siich°.eiplo)ees. Pe+n,un�s for�Lcl� bbrds shall be pa,d by SL©C4Gx 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 51000. VIII. _4EETL\GS 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. Meetinas shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of August, October. December, February, April and June, or as specified in the annual meeting calendar adopted in June. The June meeting shall be designated the "annual meeting." D-1-10 Let SLOCOG JOINT POWERS AGREEMENT c:h%,p511resos11993-94.jpa 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 tou`rte ;;a (.i'4),calendar days prior to the next regular meeting and distributed to members at least [ el?e{12) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by four-fifths vote of the representatives at a regular meeting, only agenda items shall be considered by SLOCOG pursuant to provisions of the Brown Act. 8. SLOCOG, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as SLOCOG may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. SLOCOG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and shall be submitted to member agencies. IX. COACMTTEES 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. D-1-11 I c:\�ti p51\resos\1993-94.jpa SLOCOG JOINT POWERS AGREEMENT 3, Standing committees shall include the: mprised of all managers and administrators of a). Administration Committee, co member jurisdictions; b). Legal C011lllllltee, comprised of SLOCOGiS lett cot?n�el end the 2t'ern '; ised of all agency planning officials appointed c). the Planning Committee, compr by their respective agencies; d). file Public Wor�s Committee, comprised of all agency engineering officials appointed by their respective agencies; e). Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and SLOCOG; f). Transit Productivity Conllnittee as required by Section 99224 and Section 99238 of the Public Utilities Code; and Solid �'�aste:Tas>` voice I ).. ani tl;e S ry So ad �Vasie T L' r er t11e Dfe�llof�rldurs3 of Agrt;?ent dated October Committee(� :aC) asp 3�°�, bzt�een the cowlty of San Lues bbls*�o, ctid the 3ncorponted c,Ucs ,'t tE�z coulkty uilul.sucfl u;nz}l�at dunes are. transferred to a solid ,paste autnenty }i' ,An Ezecutt<<e Comnvtt cotprt�ed e 'hs the rc�unty of San'Lls Ob,�po t<one.re .reta# ve fro::'..:::::>:< ..:k d }past Prsslderlt dnd at,eas )? 2dYise S1.QC:; rhe �uG et c17 . rf t3olie 4fe?bo�e said com?lut#ee fo �l �;e anilrn � policy lssves, d*id .erslal sen Overall 1�1'ork Program,.zontro , ':>n::�"li�eiats �or��evieivsi�ali:be selectei9 b . •:;:�:....,,:..<.: ure'.'fund,ng::a3,tacat3ons:::�::,,..:..:..:;:<:.::�:,�<; <,,, .:.•,:�.:h. : : : c�iteria:,c+rcom�etl ,..:. Director: 4, 1\o colllmittee shall commit SLOCOG on any matter or questions of policy. Such matters or questions can only be decided by SLOCOG. D-1-12 SLOCOG JOINT POWERS AGREEMENT c:1%vp51\re.ros11993-94.jpa 5, All committees shall receive clerical assistance from SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of SLOCOG and the Executive Director. X. FLNIANCE 1. SLOCOG shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and shall have custody of all money of SLOCOG from whatever source received. The Auditor/ . ..... Controller of the County of San Luis Obispo sMm auditor of SLOCOG ��`accerflarce;;�ti��� S eex.e II"'o f� t�:z:a�rzerien�. YI"CLTIZE�''r� O;L� EA1Eti'T' w............ :. .> .;. :;,,,»:;«::<;::„:.va:>;;:: ;. :>_;-:;;;..>;v;. .:»:..:. ..:.:::. :n.a r::: ect_ton.s >> :: . �IrOCOG• shall caTry�'out a process for citrzen an4olvement tit to . �..; ry,u:. JC^C ocess sli�.11 Include a Crtlien s Tisportatton Adr isory Cornmtuee for ads astnQ SLOCOG o .. ...: ...: a�l�.tta�spor`;atton tssues, Tega3 aonces, 2rt�car:'�.ress releases foi all adopiivn of aft plans an or e ibCM1or of aand p or�tiratton at fundtnV, ?na ii=iaes� ad distrbt�i,on df �n 2 encY nein s3etter. XII. NVITHDRANVAL 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. D-1-13 X0001' -16 SLOCOG JOINT POWERS AGREEMENT c:\%vp511resos11993-94.jpa 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, pursuat•,t to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRAN-DE - By: Date: Mayor Resolution No._ Clerk D-1-14 SLOCOG JOINT POWERS AGREEMENT cAN%,p51\resos\I993-94.jpa CITY OF ATASCADERO By: Date: Mayor Resolution No. _ Clerk CITY OF GROWER BEACH By: Date: Mayor Resolution No. Clerk CITY OF NIORRO BAY By: Date: Alayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: _ Mayor Resolution No. Clerk CITY OF PISMO BEACH By: Date Mayor Resolution NTo. Clerk D-1-15 SLOCOG JOINT POWERS AGRE-EI`1ENT c:1wp5I\resos\]993-94.jpa CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chairman Resolution No. Clerk APPROVED AS TO FORINT AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By De uty Coun y Co gel Dated: c:\wp51\RESOS11993-94.JPA D-1-16 �9 'h 52PM FROP OCOG MEL ,P7 AGENDA` .. 'y1 �Qrvn.�o i arY� � � �b1�A '• DATE � FY 93/94 SLOCOG LINE ITEM BUDGET; AMENDED'3108/93 C1SP 0.311nal4anl ACCOUNT 91/92 92!93 Wrrn0a0) IZAU02 02/61 9316. OaCAEABiE ACTUAL BUDGET YTD PROJECTED BUOGET (DECREASE) T9 1000 SALARIES MOWS 2lO,4a0 •17,604 19 ,tea 36L39e 444.962 73.&36 2200 EMPLOYEE HEALTH INSURANCE 0 o see 7.600 0 il 2001 YAOlTtIVANCE 24 100 12 50 1090 766 2170 a,6EMBEF6M1r9 3,135 3,400 7,029 3.&00 3,600 100 2133.AOR126 COMPUTEILOFFICE SUPPLIES(Not. E218 3,000 2.465 3.600 41310 710 21411VIS POSTAGE 3.5603,OOa 1,568 3,200 3300 300 2130 PROFESSIONAL SERVICES 0)FOCAL AUDITS 2Z616 26.300 2.516 29,500 33.600 7,400 0 PERFORMANCE AUDITS 10.526 1o.Om a 10.000 1a,oao 3,® C1SHOFITRANGETRANBRPLANS 6.277 2400 0 24,000 t0,o00 14,0001 Ill FT191E]R3.062 40.000 0 40,004 0 40.000) a)SPECIAL SERVICES POP"pa4b 11 0 70.000 0 50,000 0 (50.000) 1)TP ANSIT DISTRICT STUOY o 0 0 0 13,000 91)RAIL STUDY o 0 0 0 40,000 IITELECONFERFNf3aI STUDY 0 0 a 0 IO 000 D OTHER CONSULTANT SERVICES 60,0410 0 0 0 2153 ADMINISTRATIVE SERVICES a)COUNTY At1DROp 3,000 3.000 0 3,300 3.8w 300 2160 PUBLIC NOT10E91PERSONNEL ADS 4,302 1400 162 700 1,2110 200 2161 EQUIPMENT LEASE PIER) 0 0 0 0 3,200 c m 3PEGAL OEPT.Ezpemm8 NGI(NCI 1,260 2.000 7,200 1,200 2.000 0 220"130 MISS.EXPENSES O a 86 66 700 2210 SIGNIFICANT VALUE PLI I>UCES MM 3 0 3,000 575 1 Zoo 2.000 11.0001 2211 comPUTERSOFTWAPE 362 111.0m 0 3,850 1.oD0 8,0001 2721 TTL VEL 13.013 1A,2M 3.514 13,000 13.000 am =a CLASSESISEMOJARS Nees 5) 1,707 1400 1,345 1.957 1.0m low) Z?1B WELLNESS PPCGRAM 281 700 0 700 700 0 2720 COPYING(Nota 51 7,740 0.000 4,667 6.Om 6.000 4,000) 27W CommumccATIONS 1.741 •,Sao I,= 4,500 5,x10 1.000 2730 TECHNICAL SERVICES BILLING 0 4,000 306 4,om A,0a0 0 2737 OVERHEAD:11EW.COUNSEL ETC. low 20.400 10.147 20,400 41,600 3000 FIIOESMARING PFILOGRAIA Nos 07,144 185,000 30,930 141,000 0 40.'10 F1><ED Ab9ETe R4ou 3) 2.136 77.800 7.627 11,000 x,700 EXPENOITURES AD.AISTMENT 22 0 0 0 0 TOTAL CosT9 326,314 a10.924 236,2177 747,4&1 492,482 (136772) ES 9041 INTEREST EARNED 5,755 5.000 420 5,006 5.000 0 8701 OGA LOCAL CONTP48LMONS 4.298 25.Oo0 3.500 28.500 0 (25.0001 6300 STATE AID a)PLANNING SUBVENT11" .02.200 61,600 ro,670 6T.Wo 41.200 (400) AI 018CAC"ONAfty SUBVEW11ONS 17,000 O 0 4 50,000 50.000 C)RIDESHAAING SUBVENTIONS 07,177 131.000 30,030 110,000 0 134,0001 6070 FEDERALAID al FTA Sectom 26 a Dlmc N = 24.000 01 24.000 23.0%) 1.0001 e RA Secdoa 8 Famula 23,960 01 23,060 21,752 (2.2281 cl FWA PL FUNDS(Nm 61 227.342 0 292.302 204.723 1.361 6443 TDA FLINGS(PLANNING] 313,460 151,192 71,941 148.682 434,133 17,08 4&43 TDA FUNDS IAOMINISTRATION) 56,164 26,067 58,104 52.476 (3.6891 a&+o TOA FUNDS IR1OESmARE CONTGIIBUTIONI p,61 Zi 37,000 0 3+.000 O 81.0001 9680 OXER REVENUES 577 500 2.324 2,500 500 0 TOTALREVENUES 528.719 MAW 161,674 75A.0W 611,7861 (163.0201 BEGINNING BALANCE 7a,W2 79,140 74,087 74,097 60,66& 4,444 AEVENUE ♦BEGINNING BALANCE 6EiAl aso.eee 2,61,873 829,105 862.452 1130.5361 041$4- OEaw+riNG CASH BALI .COSTS-9NOINO wM oAIANCE 'zo.00. r1e,32a 60,004110 otaa: COM(II)OnCy was mON0 oft A"QVAt RIW t9 PatI1411y fUnd It FbK LAMIPA000annmg rawnYa was rnCrasse , (1)Spada!Dapamiant SoMen 81301.)was incmaaad to$70,000 hOm$20.000.$25.000 of whleh is ttoln0 Illndad O7 the C*of Ataaea04ro, 0 The Wdaahma Pr00ram 09496t Was Incraaand by$6.000 0morlda0 NommeMber 12,19821 01 Fled WAGM(4030)was 60CMUa0 by$4.000,9ipnYlraM Value PurchvAl(22101 was Inaamod 63,000,and Spodal O6PL Expenses wm increased$1,000(Aman'd 01/08 NI 93181 tmallttaaled cmdnpanq a 5%o11001 OYOQet WOW) 01 92793 Salaries 0oaaaad$2.300(o Plannknq)to cover COL inuaaw RQ4Q and aha decreased$4.6001 compwuofhu aupollaa Inc.$1.000,claa4a4raamtrlara irK.$400,a eMIAB UC 2.000 MWA (6)92/03 Fall.PL{Voda IAcre4rd L20,644(see ansommo left')