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HomeMy WebLinkAboutCC RESO 10,768RESOLUTION NO. 10,768 RESOLUTION AUTHORIZING MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT FOR THE PURPOSE OF PARTICIPATING IN A COMPREHENSIVE PLANNING ORGANIZATION WHEREAS, pursuant to certain federal and state government grant requirements the establishment of a Regional Planning Agency to advise local entities regard- ing all phases of development within the San Diego County region is necessary; and WHEREAS, pursuant to said requirements this Council has heretofore participated in such a Regional Planning Agency, known as the San Diego Comprehensive Planning Organization; and WHEREAS, such participation was established, evidenced and recorded in a Joint Powers Agreement, auth- orized by Resolution No. 9245, adopted November 15, 1966, which created the present Comprehensive Planning Organization; and WHEREAS, it is deemed that the present Comprehensive Planning Organization is no longer adequate to accomplish the purposes originally set forth; and a new Comprehensive Planning Organization is being formed that will more adequately meet the needs of areawide planning and coordination; and WHEREAS, this Council acting on behalf of its constituency is desirous to participate in said new Compre- hensive Planning Organization; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City, California, as follows: 1. That the Mayor, be, and he is hereby authorized for and on behalf of said City to enter into a Joint Powers Agreement, a copy of which is on file in the office of the City as Document No. 49294 , with those public agencies enumerated therein, for the purpose of participating in a Comprehensive Planning Organization, said agreement to be- come effective only upon ratification and execution by at least eight member signatory agencies representing at least seventy-five percent (75%) of the regional popula- tion prior to September 10, 1972, 12:01 A.M.P.D.T. 2. That Resolution No. 9245, which previously authorized the Mayor to enter into a Joint Powers Agree- ment, creating the original Comprehensive Planning Organ- ization be rescinded, and that the City of National City hereby withdraws from such original organization as delineated within the above referenced resolution. Such rescission and withdrawal shall not be final and effective until October 1, 1972, at 12:01 A.M.P.D.T., and only on the condition that the Joint Powers Agreement referred to in Section 1 becomes effective as set forth above. 3. Be it further resolved that Mayor be and he is hereby authorized for and on behalf of said City to execute all pertinent and necessary documents and papers to accomplish all of the foregoing. PASSED AND ADOPTED this 8th day of August, 1972. ATTEST: 1. JOINT POWERS AGREEMENT COMPREHENSIVE PLANNING ORGANIZATION THIS 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 ESCONDIDO, CITY OF IMPERIAL BEACH, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, CITY OF SAN MARCOS, CITY OF VISTA, and the COUNTY OF SAN DIEGO, hereinafter collectively or individually referred to as "Member Agencies.". RECITALS A. Member Agencies realize the urgent need for areawide planning and coordination in order to provide advice to public entities regarding all phases of development within the region encompassed by the boundary of the County of San Diego. B. Member Agencies believe that the joint exercise of their powers will provide an organization capable of thisareawideplanning. C. Member Agencies wish to create a regional organization which will independently review and make comments to Member Agencies and grantors regarding projects which may receive federal or state grants. D. Member Agencies believe that a Comprehensive Planning Organization directed solely by elected officials from each Member Agency with a staff independent of any particular Member Agency is best suited for this areawide planning and review task. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, Member Agencies agree as follows: 1. Definitions. The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: a. "Region"shall mean that territory physically lying within the boundaries of the County of San Diego. b. "Population" of any Member Agency shall mean that population last determined for each Member Agency as certified by the State Department of Finance as of April 1, of each year, or if no certification has been made, the last Federal Decennial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincorporated area of the County. The population of the region shall be that population determined by adding the population of each Member Agency. co June 30. "Fiscal Year" shall mean that year beginning July 1, and ending 2. Establishment of CPO. There is hereby created an organization to be known and denominated as the Comprehensive Planning Organization (CPO) which shall be a public entity separate and apart from any Member Agency. CPO shall be govemed by the terms of this Joint Powers Agreement and any bylaws passed and adopted by its governing board. 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. 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. 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 Treasury of The 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 the 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 Board of Directors, or such other persons as may be specifically designated for that purpose in the bylaws. Said Auditor/Comptroller and Treasurer shall comply with all duties imposed under Article 1, Chapter 5, Division 7, Title 1, of the California Government Code commencing with Section 6500. The City of San Diego shall determine reasonable charges to be made 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. 2 5. Accounts and Reports. The Auditor/Comptroller of CPO shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by this Organization. The books and records of CPO in the hands of the Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the Member Agencies. The Auditor/Comptroller of CPO, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Member Agencies. 60 Funds. The Treasurer of CPO shall receive, have the custody of and disburse CPO funds upon the warrant or check -warrant of the Auditor/Comptroller (i) pursuant to the accounting procedures developed under section 5 hereof, and (ii) as nearly as possible in accordance with normal City of San Diego procedures, shall make the disbursements required by this agreement or to carry out any of the provisions or purposes of this agreement. The Treasurer of CPO may invest CPO funds in accordance with general law. All interest collected on CPO funds shall be accounted for and posted to the account of such funds. 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 governing body which selected him. Vacancies shall be filled in the same manner as originally selected. Each director may receive reimbursement from CPO for out-of-pocket and travel expenses incurred by such director on approved Organization business. 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 restrictions 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, who shall also be a mayor, councilman or supervisor, to serve on the Board of Directors in the event that neither the primary representative 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 technical representatives to sit with the Board of Directors but in no event shall said representatives be allowed a vote. 8. Vote of Board of Directors. The Board of Directors shall vote on all items on the basis of one vote per signatory Member Agency, except that if representatives of three signatory Member Agencies request 3 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. 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. The representative from the City of San Diego shall be entitled to 40 votes; the representative from the County of San Diego shall be entitled to 30 votes, and the representatives of the remaining Member Agencies shall be entitled to thirty votes, with each representative having that number of votes determined by the following apportionment formula, provided thatreach Member Agency shall have at least one vote, and there shall be no fractional vote: a. Determine each remaining Member Agency's population. b. Total the population determined in step a and compute percentage of this total that each Member Agency has. c. Multiply each percentage derived above by 30, to determine fractional shares. d. Boost fractions that are less than one to one; add the whole numbers. e. If the answer to step d is 30, drop all fractions and the whole numbers are the votes for each Member Agency. f. If the answer to step d is less than 30, 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 c above.. g. If the answer to step d is more than 30, 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. 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. The weighted vote shall be originally as follows: County of San Diego City of San Diego Other cities: Del Mar 1 San Marcos 1 Carlsbad 1 Imperial Beach 2 Coronado 2 Vista 2 4 30 40 Y National City 3 La Mesa 3 Escondido 3 Oceanside 3 El Cajon 4 Chula Vista 5 30 TOTAL 100 votes and shall be recomputed in the above manner on July 1 of 1974, and every two years thereafter. If there are originally Less than fourteen (14) signatory Member Agencies, the weighted vote will still be computed as above described, except that those Member Agencies who have not executed this agreement shall be deleted and there shall not be one hundred (100) votes cast. 9. Meetings. The Board of Directors shall conduct regular meetings at least once each calendar month during the year and such other times as the Board of Directors shall direct or the bylaws specify. 10. Bylaws. The Board of Directors of CPO may adopt from time to time bylaws, rules and regulations as may be required for the conduct of its meetings and the orderly operation of the Organization; and copies and amendments thereto shall be filed with each Member Agency. 11. The Executive Director. The Board of Directors shall appoint an Executive Director who shall hold office until he resigns or is removed by the Board of Directors. The Executive Director shall be the chief executive officer of CPO and shall have such duties as may be prescribed by the Board of Directors. The Executive Director shall have charge of all projects and property of the Organization and shall file with the Treasurer of CPO an official bond in the minimum amount of $100,000 or such larger amount as the Board of Directors specifies, guaranteeing faithful performance of his duties. 12. Financial A. The Board of Directors shall approve a preliminary budget no later than April 1 of each year. The Board of Directors shall adopt a final budget no later than June 1 of each year. A copy of the preliminary budget when approved and a copy of the final budget when adopted shall be filed with each Member Agency. B. Responsibility for supplying funds for that portion of the budget for CPO which is to be supplied by the Member Agencies, as adopted by the Board of Directors, shall be divided among the Member Agencies based on their population, with each Member Agency including within its budget as funds to be supplied to CPO that sum of money determined by taking the ratio its population bears to the total population of the region and multiplying it by that portion of the approved budget to be supplied by the Member Agencies. Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been made by September 1, of each year, that Member Agency shall cease to be a participating member of CPO, and its representative shall no longer participate or vote as a member of the Board of Directors. A delinquent Member Agency will be reinstated to participating membership and its representative allowed to participate on the Board of Directors when full payment has been made, including interest computed from July 15 at the established legal rate. C. Any Member Agency may make cash advances to CPO which must be repaid by CPO within the same fiscal year in which the advance was made. D. For operation for the first fiscal year, each signatory Member Agency shall pay over to the Treasurer of CPO, no later than fifteen (15) days after the adoption of the budget for the 1972-73 fiscal year by the Board of Directors, its share of that portion of the approved budget to be paid by Member Agencies. The County of San Diego shall be given credit toward its 1972-73 fiscal year payment for that amount expended by it on behalf of CPO from July 1, 1972, through September 30, 1972. 13. Ralph M. Brown Act. All meetings of CPO, including without limitation regular, adjourned regular, and special meetings of the Board of Directors, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 14. Quorum. A majority of the voting members of the Board of Directors of CPO shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time.. In determining a quorum, the weighted vote shall not be used. 15. Procedures to be Followed. Pursuant to California Government Code, Section 6509 which requires that the powers of CPO be limited by the legal restrictions placed upon a named Member Agency, the powers of CPO delineated under Section 4 above shall be subject to those legal restrictions imposed upon the City of Escondido by the Constitution of the State of California and the laws governing general law cities. 6 16. Duration of Agreement. This agreement shall continue in full force and effect until no Less than 50% of Member Agencies withdraw from this Organization by resolution. 17.. Disposition of Assets Upon Termination. Upon termination of this agreement any money or assets in possession of the Organization after the payment of all liabilities, costs, expenses and charges validly incurred under this agreement shall be returned to the Member Agencies in proportion to their contributions determined as of the time of termination. 18. Effective Date of Agreement. This agreement shall become effective for all purposes at 12:01 a.m. P,D.T; September 10, 1972, if by that time such agreement has been executed by at least eight Member Agencies representing at least 75% of the regional population. As soon as possible after the appointment of a sufficient number of representatives to the Board of Directors to constitute a quorum, the Board of Directors shall meet for the limited purposes of permitting the Board of Directors to adopt a budget for fiscal year 1972-73 (the local share not to exceed that amount in the preliminary budget for independent operation approved by the Policy Committee on April 21, 1972, i.e. $547,0151. to make and enter into contracts, to employ agents and employees, to provide for employee retirement, health and welfare benefits, to adopt an administrative manual (including purchasing, personnel, and budgetary/accounting procedures), to acquire property, to adopt bylaws and regulations and to incur such debts, liabilities or obligations as may be necessary, such actions to become effective no earlier than October 1, 1972, so that the CPO provided for herein may become fully operative on October 1, 1972. 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 ratification of the Member Agencies noted in the Preamble of this agreement and shall be bound by the terms of this agreement as of the date of execution. 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 voting procedure specified above until the next recomputation of the weighted vote as specified in Section 8 above, at which time said later participating Member Agency shall receive votes in accordance with the formula specified in said Section 8. Until such recomputation, the total weighted vote may exceed 100. 7 20. Agreement Repository. A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the Board of Directors and each signatory Member Agency. IN WITNESS WHEREOF, each of the following. Member Agencies has caused this Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefor by the legislative body of that Agency. Dated this day of , 1972. CITY OF CARLSBAD CITY OF CHULA VISTA By By CITY OF CORONADO CITY OF DEL MAR By By CITY OF EL CAJON CITY OF ESCONDIDO By By CITY OF IMPERIAL BEACH CITY OF LA MESA By 8 By CITY OF NATIONAL CITY CITY OF SAN DIEGO By CITY OF VISTA By CITY OF OCEANSIDE By CITY OF SAN MARCOS By COUNTY OF SAN DIEGO By I HEREBY APPROVE the form and legality of the foregoing agreement this day of 1972. 9 JOHN W. WITT, City Attorney By Peter D. Bulens, Deputy