HomeMy WebLinkAboutResolution 62-92 RESOLUTION NO. 62-92
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
RATIFYING THE JOINT POWERS AGREEMENT FOR THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
FOR FISCAL YEAR 1992/93
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, Section IV of said Agreement requires annual ratifi-
cation by member agencies; and
WHEREAS, The City of Atascadero desires to continue its mem-
bership in the San Luis Obispo Council of Governments during fiscal
year 1992/93; and
NOW, THEREFORE, LET IT BE RESOLVED, that the City of Atasca
deco does hereby ratify the San Luis Obispo Council of Governments
Joint Powers Agreement for fiscal year 1992/93, attached hereto as
Exhibit A and incorporated herein by reference, and authorizes the
Mayor to execute said agreement and forward it to the San Luis
Obispo Council of Governments.
On motion by Councilmember Luna, seconded by Councilmember
Kudlac, the foregoing resolution is adopted in its entirety by the
following roll call vote:
AYES: Councilmembers Borgeson, Kudlac, Bewley, Luna and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: July 14, 1992
ATTEST: CITY OF ATASCADERO
By;
is-HE OI' City lerk Robert P. Nimmo, Mayor
APPROVED RS TO FORM:
ART ER R. MObTANDON City Attorney
RESOLUTION NO. 62-92
EXHIBIT "A"
1991-1992 JOINT POWERS AGREEMENT PAGE 1.
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FY �2�
JOINT POWERS AGREEMENT
40
SAN LUIS OBISPO .: .. :>
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, and by
and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles;"
Grover City, Monro 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, -gr = , 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 65640through 65644,
inclusive, of the California Government Code have the joint and mutual power to create an area
planning commission; Mtein desigrafed
"
WHEREAS, COUNTY AND CMES did, in 1968, jointly execute an agreement
anestablishing such a pining council and now wish to amend and supersede the same; and
WHEREAS,Section 295321, California Government Code,provides that such a Planning
to
and Coordinating Council shall be designated the Regional Transportation Planning Agency
act in matters of transit and transportation planning; and
WHEREAS, it is desirable-that a single agency be created by and with rhe 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 pians 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 prams
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
s
1991-1992 JOINT POWERS AGREEMENT PAGE 4 i
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3. Member agencies may elect to have an alternate member(s) 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 altemate(s), or changes thereto, shall
be transmitted in writing to the Executive Director of the 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 4M 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 the,� ..f: 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 13M.. 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, how-ever, that the.recommendations of the
x may have the effect of precluding any favorable action by an agency of the state or
federal government in support of such a project if other than local financing is sought, as
determined by the respective state or federal agency under law, regulations and policies
applicable to them.
2. Except as otherwise provided herein, there shall be no casts incurred by$ Q�a
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
9 t , upon approval of such services by the governing bodies hereof, shall likewise be
borne by the respective entities.
All costs incurred by w performing functions as the MP{3;aanrC=1►+ for
sn.asa ....,.,.2§....,.,vxan
Sana Luis Obispo County as designated by the State shall be paid out of the transportation fund
established pursuant to Section 29530, et Government Code as provided for therein, and
PLANNING/BULDING ID :805-546-1242 JUL 06 '92 9 :55 No .001 P .02
1991.1992 JOINT POWERS AGREEMENT PAGE 5
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3. Costs of for each fiscal year which are necessary for the ordinary
� .;
operation of the , including but not limited to office space, furniture; and excepting
those functions performed as the 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.610. shall be borne by contributions from the member entities as
approved by their governing bodies.
Costs of all activities undertaken by as the .• w. shall
be set forth in the budget as part of the annual work program of` ��. and shall b'e funded
from the transportation fund pursuant to applicable State statutes
4. 1"he annual work program and budget, when adopted shall be the basis for
operation of - for the fiscal year. Any deviation from the work program affecting the
budget shall he
i. For purposes of conducting business, there shall be present a quorum consisting
of a majority of representatives, including two COUN,rY 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 dernands .such
a vote. The representatives to the shall adopt such procedures as are consistent with
this Agreement and necessary to conduct the business of& w M in an orderly manner-.
VX. 0MCERS
1. The officers of the 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
2. Both the President and Vice-President of shall be elected at the
meeting.
:i. 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 MM as Chairman.
PLANNINGr$ULDING ID :805-546-1242 JUL 46 '92 9 :56 No -001 P .03
1991-1992 JOINT POWERS AGREEMENT PACE 6
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2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said
4M
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of the
i .
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 a
3) Shall be an ex-officio member of all committees.
S. 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 S , the officer elected to serve for the balance of the unexpired
term.
V11. STAFF
1. Theme .shall appoint an Executive Director to serve at its pleasure, who
will perform the following duties and such others as may be assigned bybam
a. Prepare and submit the annual work program and budget to the 110
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
1991-1992 JOINT POWERS AGREEMENT PAGE 8
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7. The meeting agenda shall be prepared by the Executive Director to the 9LOC'0Q.
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 delegate based on public testimony.
Unless authorized bye > vote of the representatives at a regular meeting, only agenda
items shall be considered by $090 :. � �.. WOR
8. The am, 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 �.,s� ��: may adopt will
govern all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. Thef `° ' shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all MM meetings shall be kept by the Executive Director to the
X >`. and shall be submitted to member agencies.
IX. COMIVIIT ES
1. Committees and subcommittees may be established as the , 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 Administration Committee, comprised of
all managers and administrators of member jurisdictions; tate 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,
comprised of all agency engineering officials appointed by their respective agencies: the
Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation
AdvisoryCommittee(CTAC) as r the Memorandum of Understanding between the California
� .,
Department of Transportation and the and the Transit Productivity Committee as
required by Section 99224 and Section 99238 of the Public Utilities Code_ The SLCOG may
1991-1992 JOINT POWERS AGREEMENT PAGE 9
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organize such other technical advisory committees as it deems necessary to cavy out MPOG
functions.
4. No committee shall commit the S.] on any matter or questions of policy.
Such matters or questions can only be decided by the Area Council.
5. All committees shall receive clerical assistance from the ; staff for the
purpose of maintaining minutes of meetings and other such duties as the Executive Director mai
direct. The chairman of each committee shall sign the original copy of the minutes indicatina
his verification of contents. Copies of minutes of all meetings shall be sent to members of the
and the Executive Director.
X. FINANCE
1. The S.40TV 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 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 S it",* 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 ,.
XL WrMRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of the Mmor any committee or subcomrni
thereof who shall act for and on behalf of their city or county in any or all matters which
shall
come before the: 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 dais
Agreement among the remaining members and the Agreement shall remain in full force 2md
effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of further contributions
1991-1992 JOINT POWERS AGREEMENT PAGE 10
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falling due beyond the date of withdrawal and shall have no right to reimbursement of any
monies previously paid to . ,4; provided, however, that u t, 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 :. r .A:. If any party hereto fails to pay its
contribution, as determined by " ., said entity shall be deemed to have voluntarily
withdrawn from the ...LKj.-1 .
4. `t 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 MM in proportion to the contributions made.
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or mayor and clerics
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.
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PAGE 11
1991-1992 JOIN[' POWERS AGREEMENT
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CITY OF ARROYO GRANDE
Date:
By: Mayor
Resolution No.—
Clerk
CITY OF ATASCADERO
Date:---- __
By. Mayor
Minute Order
Clerk
CITY OF GROVER CITY
Date:
Mayor Resolution No.
Clerk
CITY OF MORRO BAY
- Data:
By: ,
Mayor Resolution No.
Clerk
CITY OF PASO ROBLES
Date'.
.
By:
Mayor
Minute Order
Clerk
1991-1992 JOINT POWERS AGREEMENT PAGE 12
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CITY OF PISMO BEACH
By: Date
Mayor
Minute Order
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Clerk Resolution No.
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Clerk Minute Order
APPROVED AS TO FORM AND LEGAL EFFECT.-
JAMES
FFECT:JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
Dated:
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