HomeMy WebLinkAboutCC RESO 13,461RESOLUTION NO. 13,461
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE THIRD AMENDMENT TO JOINT POWERS AGREEMENT WITH
THE COMPREHENSIVE PLANNING ORGANIZATION.
WHEREAS, the Board of Directors of the Comprehensive
Planning Organization (CPO) of the San Diego Region desires to
change the name of Comprehensive Planning Organization to more
accurately reflect the purpose, functions and organization of
the joint powers agency; and
WHEREAS, the Board of Directors desires to change the
weighted vote formula to more accurately reflect the distribution
of population in the region; and
WHEREAS, the Board of Directors desires to make cer-
tain other changes to the Joint Powers Agreement to clarify the
functions of CPO and provide compensation for the Chairman; and
WHEREAS, such changes require amendment to the original
Joint Powers Agreement which created CPO.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of National City does hereby approve the third
amendment to the Joint Powers Agreement with the Comprehensive
Planning Organization and authorize the Mayor of said City to
execute said Agreement.
PASSED AND ADOPTED this 28th day of October, 1980.
ATTEST:
5
9a
Attachment I
THIRD AMENDMENT TO
JOINT POWERS AGREEMENT
COMPREHENSIVE PLANNING ORGANIZATION
THIS THIRD AMENDMENT TO Joint Powers Agreement is made between the
CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF DEL MAR,
CITY OF EL CAJON, CITY OF IMPERIAL BEACH, CITY OF LA MESA, CITY OF LEMON
GROVE, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, CITY OF
SAN MARCOS, and the CITY OF VISTA, hereinafter collectively or individually
referred to as "Member Agencies".
RECITALS
A. WHEREAS, the Board of Directors of the Comprehensive Planning Organ-
ization (CPO) of the San Diego Region desires to change the name of Comprehensive
Planning Organization to more accurately reflect the purpose, functions and
organization of the joint powers agency; and
B. WHEREAS, the Board of Directors desires to change the weighted vote
formula to more accurately reflect the distribution of population in the region;
and
C. WHEREAS, the Board of Directors desires to make. certain other changes
to the Joint Powers Agreement to clarify the functions of CPO and provide
compensation for the Chairman; and
D. WHEREAS, such changes require amendment to the original Joint Powers
Agreement which created CPO.
NOW THEREFORE, in consideration of these recitals, Member Agencies
agree as follows:
I. That paragraph 2 of that certain Joint Powers Agreement entered into between
Member Agencies on August 23, 1972, as amended, which created the present CPO,
the original of which is held by CPO, be deleted and a new paragraph 2 be added
to read as follows:
"2. Establishment of 2Pe SANDAG.
There is hereby created an organization to be known and denominated
as the Camprchcnsiv • San Diego Association
of Governments (SANDAG) which shall be a public entity separate
and apart from any member agency. -epe SANDAG shall be governed
by the terms of this Joint Powers Agreement and any bylaws passed
and adopted by its governing board."
A. That all other references to the "Comprehensive Planning Organization"
or "CPO" in that certain Joint Powers Agreement be deleted and "San Diego
Association of Governments" or "SANDAG" be substituted therefor without
any effect whatsoever except to change the name of the organization in
all its references, publications, bylaws, administrative procedures, etc.
9b
B. That the San Diego Association of Governments (SANDAG) is the successor
in interest to all rights and liabilities of the Comprehensive Planning
Organization.
C. That no additional authority or responsibility is implied or granted
to the joint powers agency as a result of the name change.
II. That paragraph 3 of said Joint Powers Agreement be amended by adding a
new sentence to read as follows:
"3. Purpose of Organization.
The specific and primary purpose for which this organization is
created is to engage in regional cooperative comprehensive planning
to assist the Member Agencies and to provide a regional reviewing
organization for certain federal and state grant projects. Any
recommendations, plans or programs promulgated by CPO shall be
advisory only. However, the plans of local agencies should be
consistent with all elements of the regional plan.
Neither the Comprehensive Planning Organization nor a majority
of the members thereof shall have the authority to impose any plan,
duty, obligation or other responsibility upon any Member Agency
thereof without the consent of such Agency; further, no Agency shall
be required to do anything it does not specifically agree to do."
III. That paragraph 4 of said Joint Powers Agreement be amended by adding
a new sentence to read as follows:
"4. Powers of CPO.
As may be necessary for the accomplishment of the purposes of this
agreement CPO shall have,the power, in its own name, to make and
enter into contracts; to employ agents and employees under an adopted
personnel system; to provide for employee retirement, health and
welfare benefits; to acquire, hold and dispose of property, real
and personal, to sue and be sued in its own name; to hire legal
counsel and to incur debts, liabilities or obligations. However,
the debts, liabilities and obligations of CPO shall not constitute
any debt, liability or obligation of any of the Member Agencies
who are parties to this agreement. The organization shall not be
able to require additional permits. The Treasury of th4: City of
San Diego shall be the depository of funds of CPO and the Treasurer
of the City of San Diego shall be the ex-officio Treasurer of CPO.
The Auditor/Comptroller of the City of San Diego shall be ex-officio
Auditor/Comptroller of CPO and shall draw warrants or check -warrants
against the funds of CPO in the Treasury when the demands are
approved by the Boa:9 of Directors, or such other persons as may
be specifically designated for that purpose in the bylaws. Said
Auditor/Comptroller and Treasurer shall t.uigly with all duties
imposed under Article 1, Chapter 5, Division 7, Title I, of the
California Government Code commencing with Section 6500. The
City of San Diego shall determine reasonable charges to be made
2
9c
against CPO for the services of the Treasurer and Auditor/Comptroller.
At the end of each fiscal year there shall be an audit conducted
by an independent, accredited certified public accountant.
IV. That paragraph 7 of said Joint Powers Agreement be amended by adding a
new sentence to read as follows:
"7. Governing Board of CPO.
All powers of this Organization shall be exercised by the Board of
Directors. The Board of Directors shall be composed of one primary
representative selected by the governing body of each Member Agency
to serve until recalled by the governing body of said Member Agency.
Each director must be a mayor, councilman, or supervisor of the govern-
ing body which selected him. Vacancies shall be filled in the same
manner as originally selected. Each Member Agency shall also select
in the same manner as the primary representative one alternate to
serve on the Board of Directors when the primary representative is
not available. Such alternate shall be subject to the same restric-
tions and have the same powers, when serving on the Board of Directors,
as the primary representative.
At its discretion, each Member Agency may select a second alternate,
in the same manner as the primary representative, to serve on the
Board of Directors in the event that neither the primary represen-
tative nor the regular alternate is able to attend a meeting of the
Board of Directors. Such alternate shall be subject to the same
restrictions and have the same powers, when serving on the Board
of Directors, as the primary representative.
The Board of Directors may allow for the appointment of advisory
representatives to sit with the Board of Directors but in no event
shall said representatives be allowed a vote.
Each director, or designated alternate acting in a director's absence,
may receive reimbursement from the CPO for out-of-pocket and travel
expenses incurred by such director or alternate on approved organ-
izational business. Except where prohibited by the charter, or
any ordinance, rule, regulation, or policy of a Member Agency, each
director, or designated alternate acting in a director's absence,
shall also receive $50. for each Board meeting or Executive Committee
meeting attended. The Chairman shall receive additional monthly
compensation in an amount established from time to time by the
Board of Directors."
V. That paragraph 8 of said Joint Powers Agreement be amended as follows:
"8. Vote of Board of Directors.
A. The Board of Directors shall vote on all items on the basis
of one vote per signatory Member Agency, except if representatives
of three signatory Member Agencies request a weighted vote after
voting on any particular item, then in that event a new weighted
vote which will be final and binding, shall be taken.
3
9d
F*'^
B. When the weighted vote is taken there shall be a total of
one hundred votes, except additional votes shall be allowed pursuant
to Section 19. Except-as-hereinafteL rLLvidt.la/ L Lich-(.5),
the LCL1LeJe11taL±'ve LcOiu Llte CzL1 oL .gall Dicy� shall Le entitled
Le 40 ootea, Ll,e tc11 .iLatioe item the Cou nty-of-San-Biego-shaii
be �1iLiLled tV 30 roles, mi.] ining
thllty as, w1t11 cm, h LepLe-
cl1tatl4o ilaoi.lig LhaL plant er __ _ _ ___ __ __L,«l,.R] Lj the following
uppeL Lies anc, lt-f , t each Malls er-Agency-shall leave
aL 1aa.L o11e ,noLe, atere-shall Le no fractional & Le. Each
Lepresentative shall have that number of votes determined by the
following apportionment formula, provided that each Member Agency
shall have at least one vote, no Member Agency shall have more than
40 votes, and there shall be no fractional vote:
at1S11_ C
ng ey' apLp ulc. tiro l .
1. metal the peed ci 21111 dl te17n1te
paL..a111..agc of Lida LeLel that each Membcr Agency has.
MulLlply each-percentage-dcii�e�
hares.
L LLaV L1V11J L tat a
tall Cle tV C11C, }d
er-
the =hole nu� er a e --e _ --_- fc . each ency.
V V•
LC
antep
11La a11eLQL d
Lle 111�h1.Jt LLaV L1v11(J&te,
era J 1111.L 1.t40
else (1) tn-step-3-aLVac.
7. If Len. a115SvcL lA JL. , xcess
V•
L�.(o} la L14k n One Ca�.h f1Qtt t111L MemLL1e. Aye11Gy(s) wlLlt-
he 1cw�JL LLa�Llv11(J . y a vole be Led1lCE 3
.e leJs Wan
1. Determine each Member Agency's population. If any
Member Agency has 40 percent or more of the total popu-
lation of the San Diego County region, allocate 40 votes to
that Member Agency and follow step 2; if not, follow
step 3.
2. Total the population of the remaining Member Agencies
determined in step 1 and compute percentage of this total
that each Member Agency has.
a. Multiply each percentage derived above by 60 to deter-
mine fractional shares.
b. Boost fractions that are less than one to one; add the
whole numbers.
4
9e
c. If the answer to step b. is 60, drop all fractions and
the whole numbers are the votes for each Member Agency.
d. If the answer to step b. is less than 60, the remaining
vote(s) is allocated one each to that Member Agency(s)
having the highest fraction(s) excepting those whose
vote was increased to one (1) in step b. above.
e. If the answer to step b. is more than 60, the excess
vote(s) is taken one each fran the Member Agency(s)
with the lowest fraction(s). In no case may a vote
be reduced to less than one.
3. Total the population determined in step 1 and compute
percentage of this total that each Member Agency has.
a. Boost fractions that are less than one to one; add the
whole numbers.
b. If the answer to step a. is 100, drop all fractions and
the whole numbers are the votes for each Member Agency.
c. If the answer to step a. is less than 100, the remaining
vote(s) is allocated one each to that Member Agency(s)
having the highest fraction(s) excepting those whose
vote was increased to one (1) in step a. above.
d. If the answer to step a. is more. than 100, the excess
vote(s) is taken one each from that Member Agency(s)
with the lowest fraction(s). In no case may a vote
be reduced to less than one.
C. When the weighted vote is taken, the vote of not less than
five (5) Member Agencies; representing not less than fifty-one
percent (51%) of the total weighted vote of the signatory Member
Agencies shall be required to supersede the original action. If
the weighted vote fails, action determined by the original vote
shall stand.
Except as hereinafter provided in Subsection (D), the weighted vote
shall be as follows:
• (Weighted vote of each agency to be set forth.)
and shall be recomputed in the above manner on July 1 of 1974,
and every two years thereafter. Upon withdrawal of any member,
the weighted vote shall not be recomputed but the total votes cast
will be reduced by the weighted vote of the withdrawing Member
Agency.
D. Without affecting the weighted vote of other Member Agencies
U,e CeIL1 x et Sa., Diego,ni-1-1 , a J t1,c CiLY of Salt
Diege 30 wl...a when a weighted vote is requested on any of the
5
9f
following items which are identified by number as listed in the
Catalog of Federal Domestic Assistance published by the United
State Office of Management and Budget (7th Ed., 1973), it will re-
quire not less than sixty percent (60%) of the weighted vote to
supersede the position taken by the County of San Diego on the
unit vote:
13.206 Comprehensive Health Planning - Areawide Grants
13.210 Comprehensive Health Services - Formula Grants
13.220 Health Facilities Construction - Grants
13.226 Health Services Research and Development Grants
13.235 Mental Health - Community Assistance Grants for Narcotic
Addiction and Drug Abuse
13.240 Mental Health - Community Mental Health Centers
13.246 Migrant Health Grants
13.251 Mental Health - Community Assistance Grants for Compre-
hensive Alcoholism Services
13.252 Mental Health - Direct Grants for Projects
13.253 Health Facilities Construction - Loans and Loan Guarantees
13.254 Mental Health - Direct Grants for Special Projects
13.256 Health Maintenance Organization Service
13.340 Health Professions Teaching Facilities - Construction
Grants
13.350 Medical Library Assistance - Regional Medical Libraries
13.369 Nursing School Construction
13.746 Rehabilitation Services and Facilities - Basic Support
13.753 Development Disabilities - Basic Support
13.756 Aging - Special Support PLvyrams
13.763 Rehabilitation Services and Facilities - Special Projects
13.764 Youth Development and Delinquency
16.500 Law Enforcement Assistance - Comprehensive Planning
Grants
17.230 Migrant Workers
49.003 Comprehensive Health Services
49.004 Drug Rehabilitation (To HEW)
49.006 Family Planning (To HEW)
49.009 Migrant and Seasonal Farmworker Assistance (To DOL)
66.001 Air Pollution Control Program Grants
66.005 Air Pollution Survey and Demonstration Grants
72.001 Foster Grandparents"
VI. That paragraph 19 of said Joint Powers Agreement be amended by adding a
new sentence to read as follows:
"19. Later Participating Member Agencies.
In addition to the Agencies noted in the Preamble above, any other
San Diego County incorporated city which may desire to participate
in the activities of the Comprehensive Planning Organization may
do so by executing this agreement without prior approval or rati-
fication of the Member Agencies noted in the Preamble of this
agreement and shall be bound by the terms of this agreement as
6
9g
of the date of execution. The Member Agencies encourage the
membership of all new cities upon incorporation. Such later
participating Member Agencies must notify CPO and the Member
Agencies within ten (10) days after such execution. Any later
participating Member Agency shall receive one (1) vote under the
single vote procedure and one vote under the weighted vote
procedure specified above until the next recanputation of the
weighted vote as specified in Section 8 above, at which time
said participating Member Agency shall receive votes in accor-
dance with the formula specified in said Section 8. Until such
recanputation, the total weighted vote may exceed 100."
VII. That all other terms and conditions of said agreement entered into on
August 23, 1972 as amended, among Member Agencies shall remain in full
force and effect.
VIII. That this Third Amendment will become effective on that date the last
signature is affixed to the amendment counterparts.
IN WITNESS WHEREOF, each of the following Member Agencies has caused
this Third Amendment to Joint Powers Agreement to be executed by having affixed
thereto the signatures of the agent of said Agency authorized by resolution
therefor by the legislative body of that Agency.
By
for CITY OF CARtSBAD date
By
for CITY OF CHr31A VISTA date
By
for CITY OF CORONADO date
By
for CITY OF DEL MAR date
By
for CITY OF EL CAJON date
By
for CITY OF IMPERIAL BEACH date
9h
By
for CITY OF LA MESA date
By
for CITY OF LEMON GROVE date
By
for CITY OF NATIONAL CITY date
By
for CITY OF OCEANSIDE date
By
for CITY OF SAN DIEGO date
BY
for CITY OF SAN MARCOS date
By
for CITY OF VISTA date
8