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HomeMy WebLinkAboutComprehensive Planning Organization; 1979-09-07;e TEL (7141 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 - Bcitp of Garle'bab September 7, 1979 '\ Richard J. Huff, Executive Director COMPREHENSIVE PLANNING ORGANIZATION 1200 Third Avenue, Suite 524 Security Pacific Plaza San Diego, CA 92101 Enclosed is a fully conformed copy of Resolution No. 5923, authorizing the Third Amendment to the CPO Joint Powers Agreement, together with Mayor Packard's original signature copy of the Amendment. Council's comments with regard to additional ex-officio members to the CPO Board of Directors will be conveyed by Council's representative, Vice-Mayor An.thony J. Skotnicki. / / / / ANITA DACK MURPHY, Deputy City Clerk ADN : am Enclosures > - - __._ -___- __ e _^___ _-- - i -- h + "J'ffIID &?Y"l?$~~Tf YYj _llllll-ll- Z)iGK&rnkW __I^_-- JOI [VI' COP4PRL.X~SIVE PLGTQJJXFG I 0.K-m'IZATIGJ _I t THIS 3lIRD AVEnQELT to Jokrk Pwers Agreement is ~ll?& htwn the CITf OF ET., ChSO!:, CITY OF IlV1ERm EE,%C!i,. CITY fB.' LA MESA, CI" CX? JXPXCT'J Gmir:f crw c? ?3nra.:Jx, CITY, CITY 0.7 LTJR~IPDS, CITY (3' SPG-4 IXE.XDt CITY CI SAW FfiIIeX, ClX! OF VISTA, ar,ci the GJPJTY CF ST3 CTXD, hereinz.fter cdlecl or itdividually referred to as ''YmD?r dqexies" a CITY OP CARrSB.W$ CITY OF CIL? vISY*7lr CYIY cz co:\DL\T;o, C1TI cz DEL Prn, RECITALS A. The mard of Directors of the Cmpr?hensive FLamiirq Oqanizatko;? (CE'C)) of the Sari Diego mion desires to cienge the nme of the Cm,pmulxns plaiinirg mqanization to mre accumtdy ~ieflezt the p~rpsc, functims ant organization of the joint. piers agency. E. SUG~ il2xe &an92 requires m ~~ndn~~t b the 0ri9ifizl SOFII~ EYXET Agreemerit which created OE'i), NC%~ EEEPCXX, in ccnsi&ratiun of these recitals, f%mker Ags-rcies agree as follms: into ktxeen Pltmkr Agencies CRI August 23, 1972, as mnckd, which created the present CPO, the original of which is held by Cm, be deleted md a re paragraoi 2 he aaed to read as follows: 1. mat paragram 2 of that certain Joint -72~ Agreement entered "2* Establishrent of SNKOS mere is hereby created an crgFmization tx.~ Ix Imcyd~n and denminated as the San Diego Council of Wernwnts (SAKOC) which shall be a public entity =prate and apart from any €.lemlxi- Agewgr. SAPKEG shEb be cpverned & the terms of this Joint Wers P,greemmt and any bylaws passed and a&p&?d by its governing bard." That all other references w the ''Cmprehensive Planning Org;anizat or "CPO" in that certain Joint Fxmers Agreeanmt be deleted and "Sa Dig0 Council of Gwemmnts" or 'sSP\Nm*e be suktitut2d therefor witbut any ef whatscever except to change the nme of the organization in all its referc pub1 ications, bylaws, administrative procedures, etc. 'fliat the San nigo Council of Gmx-rments (Sm) is the success< in interest to ali rights and liabiliries ef the Cmpzehz-nsivz Planning 2. 3. Orpiiimtia. 4. '14tah- ma acklilional authority 0% responsibility is implied or grml to t&c joint p3wers agency as a result of the mm change. /- . -- __ -----()- ---- -. 1 3 #I -2- 5. That all other tern and mndftic3ns af said agret:r~-n+, entered into on August 23, 1-972 as amnded, mr.g ?5mbenr P2gencks shall remin in full force and efiect. # 6. That this Third mnihent will baeonle efEcctive on i%at date the lzst signature is affixed t~ the a~nchent mrnterpr%- IN WI~ESS 'mT-ZEX)F, each of the following i%&r figemcies has calls this Third Pnadment to 3oint FCwexs Agreerent t~ ke executed by having a€ thereto the signatures of the agent of said &~emy athsrized by ~~sduutic therefor b~ the legislative bdy of tkat Agzrrey. ByE./ pLfcLrL*- 83%";: A' P/= r: A.&H 4 ~--.'-tS" or CIT'J Q C2UZLSBm dTE e. date By for CITY OF CfUi VISTA w- for ClTy 0" COR@UKO date E%--.-- for CITY a" DEL MAR date for CITY OF= WON &te BY -BY for CI2Y OFF IMPERIAL BEACH date date ny for CITY CF L;r\ rE!3 % for CITY OE;' mrtm mw date , - - ---. _---- __ ---. --__-- \A -v * -3- BY_- ___- I- for CI‘lY CF WiTI01;UV; CITY da8s r ny_----- for CITY (12.’ E”E3ISIDE date f3y_ --- --_I_ for CITY (37 WJ DIEXI date By_ , for c1n9 cr3 SiN MAE03 da te &<a- BY for CITY CY VISTA date R? for CUJNTY OE’ SAN DIE0 . a. : 1 21 RESOLUTION EO * 5 9 2 3 A RESOLUTION OF THE CITY COiJNCZL OF THE CITY OF CARLSEAD, CALIFORNIA, 9.UTHORIZIMi , 41 5 6 7 8 9 X0 2.3. 12 13 THE JOINT POWERS AGREEHENT CHANGING 1HE NAME OF THE COXPRE!-IENSIVE PLANi'lING ORGANIZATIGN TO SAid DiEGO COUKIL OF GOVERNMENTS (Sf\:tCOG). WHEREAS, the Board of Directors of the Comprehensive Planning Org, bas deemed it desirable to change the name of the organization to San 1 Coitncil of Governmnts; and WHEREAS, any amendment to the CPO Joint Powers Agreement requires consent by resolution of each and every member agency to b2 effective; WHEREAS, the City of Carlsbad is a member agency of the CPO; and b!HEREAS, the City Council of the City of Carlsbad deem it desira execute the referenced amendment to the Joint Powers Agreement; 141 15 96 17 18 RON, THEREFORE, BE IT RESOL'J'ED by the City Council of the City of as follows: 1. 2. That the above recitations are true and correct. That the City Council of the City of Carlsbad hereby apprcves referenced amendment to the Joint. Powers Agreement and aiithori zes the 21 2o 22 23 24 25 26 27 28 1 I Council held the 4th PF\SSED, APPROVED AbD ADOPTED at a regL;far meeting of the Carlsbad , 1979, by the fo day of September vote, to wit: AYES: Councilmen Psckarcl, Skotnicki 9 Anear, Lewis ai Councilwoman Casfer ' NOES: None ABSENT: None E&-i!i+7LL/ - i.c-L.4 - RONP,LD C. PACKARL), Wayor ATTEST: 1 1 I I (SEAL) t B (c AMENDMENT TO JOINT PQWERS AGREEMENT COMPREHENSIVE PL,AN NING ORGANIZATION THIS AMENDMENT to the Joint Powers Agreement creating the Comprehensive Planning Organization of the San Diego Region is made betw the cities of CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJ ESCONDIDO, IMPERIAL BEACH, LA MESA, NATIONAT, CITY, OCEANS11 CITY OF SAN DIECO, SAN MARCOS, VISTA and the COTJNTY OF SAN DIE hereinafter collectively or individually referred to as "Member Agencies. 11 1. Section 8 of that certain Joint Powers Agreement, effective September 10, 1972, which created the comprehensive Planning Organizat of the San Diego region, the original of which is held by CPO, is hereby a? to read as follows: 8. The Board of Directors shall vote on all items on the basis of vote per signatory Member Agency, except that if representatives of three signatory Member Agencies request a weighted vote after voting on any pa item, then in that event a new weighted vote which will be final and bindinl be taken. Vote of Board of Directors. a. b. When the weighted vote is taken, there shall be a total of one 1 votes, except additional votes shall be allowed pursuant to Section 19. E: hereinafter provided in Subsection (dl, the representative from the City o Diego shall be entitled to 40 votes; the representative from the County of Diego shall be entitled to 30 votes; the representatives of the remaining ll Agencies shall be entitled to 30 votes, with each representative of votes determined by the following apportionment formulj, provided thz Member Agency shall have ai. least one vote, and "Liere shall be no fractic Determine each remaining Member Agency Is populatior Total the population determined in step 1. and compute 1 of this total that each Member Agency has. Multiply each percentage derived above by 30, to deter fractional shares. Boost fractions that are less thar, one 10 one; add the R number. 1 e 2. 3. 4. e 0 Amendment to Joint Powers Agreement 5. If the answer to step 4 is 30, drop all fractions and the whc numbers are the votes for each Member Agency. If the answer to step 4 is less than 30, the remaining vote is allocated one each to that Member Agencyk) having the highest fraction(s1 excepting those whose vote was increas to one (1) in step 3 above. If the answer to step 4 is more than 30, the excess vote(s taken one each from that Member Agencyk) with the lowe: fraction(s). In no case may a vote be reduced to less thar one. 6. 7. c. When the weighted vote is taken, the vote of not less than five i! Member Agencies, representing not less than fifty-one percent (51%) of the weighted vote of the signatory Member Agencies shall be required to super: the original action. If the weighted vote fails, action determined by the ori vote shall stand. Except as hereinafter provided in Subsection (d), the weighted vote sl be as follows: County of San Diego 30 City of San Diego 40 Other Cities : Del Mar 1 San Marcos 1 Car 1s bad 1 Imperial Beach 2 Coronado 2 Vista 2 National City 3 I,a Mesa 3 Escondido 3 Oceanside 3 Chula Vista 5 El Cajon 4 30 100 Votes and shall be recomputed in the above manner on July I, 1974, and every t years thereafter. Upon the withdrawal of any Member Agency, the weigh1 vote shall not be recomputed but the total votes cast will be reduced by thi weighted vote of the withdrawing Member Agency. d. Without affecting the weighted vote of other Member Agencies County of San Diego shall have 40 votes, and the City of San Diego 30 vote e a Amendment to Joint Powers Agreement a weighted vote is requested on any of the following items which are identifj by number as listed in the Catalog of Federal Domestic Assistance publishc by the United States Office of Management and Budget (7th Ed., 1973): 13.206 Comprehensive Health Planning - Areawide Grants 13.210 Comprehensive Public 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 Narco 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 Comp Alcoholism Services 13.252 Mental Health - Direct Grants for Projects 13.253 Health Facilities Construction - Loans and Loan Guarani 13.254 Mental Health - Direct Grants for Special Projects 13.256 Health Maintenance Organization Service 13. 340 Health Professions Teaching Facilities - Construction C 13.350 Medical Library Assistance - Regional Medical Libraril 13.369 Nursing School Construction 13.378 Health Professional Teaching Facilities - Loan Guarant and Inter est Subsidies 13. 392 Cancer - Construction 13.746 Rehabilitation Services and Facilities - Basic Support 13.753 Development Disabilities - Basic Support 13.756 Aging - Special Support Programs 13.763 Rehabilitation Services and Facilities - Special Project 13. 764 Youth Development and Delinquency 16.500 Law Enforcement Assistance - Comprehensive Planninl 17.230 . Migrant Workers 49.003 Comprehensive Health Services 49. 004 49.006 Family Planning (To HEW) 49.009 66.001 66.005 72.001 Foster Grandparents 2. Drug Rehabilitation (To HEW) Migrant and Seasonal Farmworker Assistance (To DOL Air Pollution Control Program Grants Air Pollution Survey and Demonstration Grants This Amendment to the Joint Powers Agreement shall affect section referred to above and all other terms and conditions of said agre between the Member Agencies shall remain in full force and effect. t e e Amendment to Joint Powers Agreement IN WITNESS WHEREOF, each of the following Member Agencies has c this Amendment to said Joint Powers Agreement to be executed by having afl hereto the signatures of the agent of said Member Agency authorized therefc the legislative body of that Member Agency. DATED this day of , 1974. 1 - 04 -7C rn CITY OFBRLSBAD 4 ./ BY ;' 1 q$d4 x- ,-- *y ;-( L i /f/2 2/7Cf B I CITY OF CORONADO ClTY OF ESCONDIDO WM-LJW."? 1 J \&>&- CITY OF, LA MESA BY y&?&\S<iA<* L- / e a Amendment to Joint Powers Agreement CITY OF SAN DIEGO BY cLQ&c.Bh$ h By >&:, 4 d/’A/Gy< CITY OF SAN MARCOS Y L’ fl- ll12l\3y BY \‘ / / Clerk of tk3 r.--.:-d Pi sues /. 1 APPROVED AS TO FORM AND LEGALITY this 22nd day of August, 1974. CPO Counsel (b a .v State of California) ss County of San Diego) I, Lillian I. Hoyle, a Notary Public in and for said County and State, do certify that on this 27th day of January, A.D. 1975, I carefully compared the annexed copy of an Amendment to Joint Powers Agreement, Compre- hensive Planning Organization, with the original thereof, and that the same i a complete, full, true and exact copy of said amendment. WITNESS my hand and official seal the day and year first written above. d "4 4-u 4.i.A 9?&d P 4 e a+.:,- %// Q 9 e-, p ir- AMENDMENT TO JOINT POWERS AGREEMENT COMPREHENSIVE PI.ANN1NG ORGANIZATION 9//n dy4& THIS AMENDMENT to the Joint Powers Agreement creating the Comprehensive Planning Organization of the San Diego Region is made betm the cities of CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJ ESCONDIDO, IMPERIAL BEACH, LA MESA, NATIONAT, CITY , OCEANS11 CITY OF SAN DIEGO, SAN MARCOS, VISTA and the COUNTY OF SAN DIE hereinafter collectively or individually referred to as Member Agencies. ' 11 1. Section 8 of that certain Joint Powers Agreement, ef€ective September 10, 1972, which created the Comprehensive Planning Organizat of the San Diego region, the original of which is held by CPO, is hereby an to read as follows: 8. The Board of Directors shall vote on all items on the basis of 1 vote per signatory Member Agency, except that if representatives of three signatory Member Agencies request a weighted vote after voting on any pa item, then in that event a new weighted vote which will be final and binding be taken. Vote of Board of Directors. a. b. When the weighted vote is taken, there shall be a total of one 1 votes, except additional votes shall be allowed pursuant to Section 19. Ex hereinafter provided in Subsection (d), the representative from the City ol Diego shall be entitled to 40 votes; the representative fr6rn the County of Diego shall be entitled to 30 votes; the representatives of the remaining Ib Agencies shall be entitled to 30 votes, with each represen-cative of votes determined by the following apportionment formulb, provided tha Member Agency shall have at least one vote, and inere shall be no fractic Determine each remaining Member Agecicy 's population Total the population determined in step 1 and compute r of this total that each Member Agency has. Multiply each percentage derived above by 30, to deter] fractional shares. Boost fractions that are less thar, one to one; add the w number. 1. 2. 3. 4. e 0 Amendment to Joint Powers Agreement 5. If the answer to step 4 is 30, drop all fractions and the wk. numbers are the votes for each Member Agency. If the answer to step 4 is less than 30, the remaining vote is allocated one each to that Member Agency(s) having the highest fraction(s) excepting those whose vote was increa: to one (1) in step 3 above. If the answer to step 4 is more than 30, the excess vote(s taken one each from that Member Agency(s? with the lowe fraction(s). In no case may a vote be reduced to less thar one. 6. 7. c. When the weighted vote is taken, the vote of not less than five i! Member Agencies, representing not less than fifty-one percent (5170) of the weighted vote of the signatory Member Agencies shall be required to super; the original action. If the weighted vote fails, action determined by the ori vote shall stand. Except as hereinafter provided in Subsection (d), the weighted vote sl- be as follows: County of San Diego 30 City of San Diego 40 Other Cities : Del Mar P San Marcos 1 Car lsbad P Imperial Beach 2 Cor on ado 2 Vista 2 Ida Mesa 3 Escondido 3 Oceans ide 3 Chula Vista 5 National City 3 El Cajon 4 30 100 Votes and shall be recomputed in the above manner on July 1, 1974, and every tw years thereafter. Upon the withdrawal of any Member Agency, the weighte 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, County of San Diego shall have 40 votes, and the City of San Diego 30 votes rl) 0 Amendment to Joint Powers Agreement a weighted vote is requested on any of the following items which are identif by number as listed in the Catalog of Federal Domestic Assistance publish1 by the United States Office of Management and Budget (7th Ed. , 1973): 13.206 Comprehensive Health Planning - Areawide Grants 13.210 Comprehensive Public 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 Narco 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 Comp Alcoholism Services 13.252 Mental Health - Direct Grants for Projects 13.253 Health Facilities Construction - Loans and Loan Guaran; 13.254 Mental Health - Direct Grants for Special Projects 13.256 Health Maintenance Organization Service 13.340 Health Professions Teaching Facilities - Construction G 13.350 Medical Library Assistance - Regional Medical Libraric 13.369 Nursing School Construction 13.378 Health Professional Teaching Facilities - Loan Guarantf and Interest Subsidies 13. 392 Cancer - Construction 13. 746 Rehabilitation Services and Facilities - Basic Support 13.753 Development Disabilities - Basic Support 13. 756 Aging - Special Support Programs 13. 763 Rehabilitation Services and Facilities - Special Projects 13. 764 Youth Development and Delinquency 16. 500 Law Enforcement Assistance - Comprehensive Planning 17.230 . Migrant Workers 49.003 Comprehensive Health Services 49.004 Drug Rehabilitation (To HEW) 49.006 Family Planning (To HEW) 49.009 66.001 66.005 72.001 Foster Grandparents 2. Migrant and Seasonal Farmworker Assistance (To DOL Air Pollution Control Program Grants Air Pollution Survey and Demonstration Grants This Amendment to the Joint Powers Agreement shall affect c section referred to above and all other terms and conditions of said agrec between the Member Agencies shall remain in full force and effect. * a Amendment to Joint Powers Agreement IN WITNESS WHEREOF, each of the following Member Agencies has c this Amendment to said Joint Powers Agreement to be executed by having af hereto the signatures of the agent of said Member Agency authorized therefc the legislative body of that Member Agency. DATED this day of , 1974. l- Od -/-$- /m CITY OFfiRLSBAD CITY OF CHULA VISTA ./ BY ., .Jf&-cG- z- ..?Z2 >x& //(~2/7Cf BY3 /a%= 4 CITY OF CORONADQ CITY OF EL CAJON CITY OF ESCONDIDQ Q%-wLCv< j! J fcL7c-g- CITY OF, LA MESA BY ~/25.SL4LL- / CITY OF OCEAN B 0 Amendment to Joint Powers Agreement CITY OF SAN DIEGO CITY OF SAN MARCOS By //>/ // 3- BY &Lc.Bh$ Qw-us- LL'?*., dL L !.-. Y L' CITY OF VISTA' SAN DIEGO / -A - '/ Clerk of tkT: r---7d r~ sue 2 (, APPROVED AS TO FORM AND LEGALITY this 22nd day of August, 1974. CPO Counsel 8 e e State of California) County of San Diego)ss I, Lillian I. Hoyle, a Notary Public in and for said County and State, do certify that on this 27th day of January, A.D. 1975, I carefully compared the annexed copy of an Amendment to Joint Powers Agreement, Compre- hensive Planning Organization, with the original thereof, and that the same i a complete, full, true and exact copy of said amendment. WITNESS my hand and official seal the day and year first written above. ? ...--- .A dl &d&d L B i e e c ,- JOINT POWERS AGREEMENT COMPREHENSIVE PBANN ING ORGANIZATION THIS AGREEMENT is made between the CITY OF CARLSBAD, CITY OF CHULA VlST CITY OF CORONADO, CITY OF DEL MAR, CITY OF EL CAJON, CITY OF ESCONDIDC 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 "Membe Agencies. 'I RECITALS A. Member Agencies realize the urgent need for areawide planning and coordinati in order to provide advice to public entities regarding all phases of development within the region encompassed by the boundary of the County of Sun Diego. Be Member Agencies believe that the joint exercise of their powers will provide a organization capable of this areawide planning. 6, Member Agencies wish to create a regional organization which will independes review and make comments to Member Agencies and grantors regarding proiects which may receive federal or state grants. De Member Agencies believe that a Comprehensive Planning Organization directe solely by elected officials from each Member Agency with a staff independent of any partic Member Agency is best suited for this areawide planning and review task. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of tht parties as herein expressed, Member Agencies agree as follows: 1 c Definitions. The following terms shall have the meanings ascribed to them within this section unle the content of their use dictates otherwise: a. "Region" shal I mean that territory physically lying within the boundaries 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 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 th population determined in the sclrne manner for the unincorporated area of the County. c \- B 0 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 Comprek Planning Organization (CPO) which shall be a public entity separate and apart from any M( Agency. CPO shall be governed by the terms of this Joint Powers Agreement and any byla) 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 i regional cooperative comprehensive planning to assist the Member Agencies and to provide 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 Qrganization nor a majority of the members ther shall have the authority to impose any plan, duty, obligation or other responsibility upon ai 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 sh 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 ai 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. TI 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/ComptrolI( of The City of San Diego shall be the ex-officio Auditor/Comptroller of CPO and shall drat 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/ComptroIler and Treasurer shall comply with a duties imposed under Article 1, Chapter 5, Division 7, Title 1, of the California Governmc 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, accred certified public accountant. 2 0 0 5. Accounts and Reports. The Auditor/Comptrol ler of CPO shal I establish and maintain such funds and accour 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/Cornptroller shc be open to inspection at all reasonable times by representatives of the Member Agencies. Auditor/Comptroller of CPO, within 120 days after the close of each fiscal year, shall gi a complete written report of all financial activities for such fiscal year to the Member Ag 6, Funds. The Treasurer of CPO shall receive, have the custody of and disburse CPO funds up 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 Treasut 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 e All powers of this Organization shall be exercised by the Board of Directors. The e of Directors shall be composed of one primary representative selected by the governing boc of each Member Agency to serve until recalled by the governing body of said Member Age Each director must be a mayor, councilman, or supervisor of the governing body which sei him. Vacancies shall be filled in the same manner as originally selected. Each director I receive reimburjement from GPO for out-of-pocket and travel expenses incurred by such director on approved Organization business. Each Member Agency shall also select in the manner as the primary representative one alternate to serve on the Board of Directors wher primary representative is not available. Such alternate shall be subject to the same restric and have the same powers, when serving on the Board of Directors, as the primary representative, Governing Board of CPO o At its discretion, each Member Agency may select a second alternate, who shall al: 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 tl same powers, when serving on the Board of Directorrs, as the primary representative. The Board of Directors may allow for the appointment of technical representatives to with the Board of Directors but in no event. shall said representatives be allowed a vote. 8. The Board of Directors shall vote on all items on the basis of one vote per signatory Vote of Board of Directors. Member Agency, except that if representatives of three signatory Member Agencies reques 3 0 e 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 that each Member Agency shall have at least one vote, and there shall be no fractional vote: a. b. Determine each remaining Member Agency's population. 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. e. Boost fractions that are less than one to one; add the whole numbers. 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. 9. If the answer to step d is more than 30, the excess vote(s) is taken one each from that Member &ency(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 signator) 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 30 City of San Diego 40 Other cities: Del Mar 1 Sun Marcos 1 Carlsbad 1 Coronado 2 Vista 2 Imperial Beach 2 4 0 0 National City 3 La Mesa 3 Escondido 3 0 ceansi de 3 Chula Vista 5 30 El Cajon 4 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 e 11. The Executive Director. The Board of Directors shall appoint an Executive Director who shall hold office unti 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 Boc 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, guaranteein faithful performance of his duties. 12. Financial c A. The Board of Directors shall approve a preliminary budget no later than April of each year. The Board of Directors shall adopt a final budget no later than June 1 of ec year. A copy of the preliminary budget when approved and a copy of the final budget wh adopted shall be filed with each Member Agency. 5 0 e 8. Responsibility for supplying funds for that portion of the budget for CPO whic! 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 bent) 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 multiplyit it by that portion of the approved budget to be supplied by the Member Agencies. Paymer of this determined sum of money shall be made by each Member Agency by July 15 of eact 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 representa 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 allov to participate on the Board of Directors when full payment has been made, including inter computed from July 15 at the establi'shed legal rate. C. Any Member Agency may make cash advances to CPO which must be repaid b 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 PC 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 tf- approved budget to be paid by Member Agencies, The County of San Diego shall be givei 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 i accordance with the provisions of the Ralph M. Brown Act (commencing with Section 5495 of the California Government Code). 14. Quorum. A majority of the voting members of the Board of Directors of CPO shall constitute c 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 pow' CPO be limited by the legal restrictions placed upon a named Member Agency, the power CPO delineated under Section 4 above shall be subject to those legal restrictions imposed the City of Escondido by the Constitution of the State of California and the laws governin! general law cities. - 6 0 16. Duration of Agreement. This agreement shall continue in full force and effect untii no less than 50% of Member Agencies withdraw from this Organization by resolution. 17. Upon termination of this agreement any money or assets in possession of the Organizat Disposition of Assets Upon Termination, 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:Ol 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 permittins the Board of Directors to adopt a budget for fiscal year 1972-73 (the local share not to excf that amount in the preliminary budget for independent operation approved by the Policy Committee on April 21, 1972, i.e. $547,015) 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/accountir 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 Pgencies. In addition to the Agencies noted in the Preamble above, any ofher San Diego Couni incorporated city wh;ch 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 pari4cipating Member Agency shall receive votes in accordance with the formula specified in said Secfion 8. Until such recomputation, the total weightec vote may exceed 100. 7 0 0 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 f 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 BY 8 0 0 CITY OF NATIONAL CITY CITY OF OCEANSIDE BY - BY CITY OF SAN DIEGO CITY OF SAP4 MARCOS BY - BY CITY OF VISTA COUNTY OF SAN DIEGO BY BY I HEREBY APPROVE the form and legality of the foregoing agreement this C of , 1972. JOHN W. WITT, City Attorney BY Peter Do Bulens, Deputy 9 > 0 0 DRAFT APPROVED BY PO L I CY COMMITTEE, 7/17/ BY LAWS Adopted by CPO Board sf Directors 1972 1 0 0 BY LAWS $AN DIEGO REGIONAL COMPREHENSIVE PLANNING ORGANIZATION ARTICLE I NAME AND PURPOSE - Section 1 The name of this organization shall be the Comprehensive Planning Organization. (Hereinafter referred to as CPO.) Section 2 This Organization was created for the purposes stated in the Joint Powers Agreement of , 1972. e 0 ARTICLE iI MEMBERSHIP AND ORGANIZATION Section 1 Membership in this Organization shall be as provided in the Joint Powers Agreement of , 1972. Section 2 a. AI1 powers of this Organization pursuant to the Joint Powers Agreement shall be exercised by the Board of Directors. Only the duly selected official representative, or in his absence, his duly selectec alternate or alternates as provided for in the Joint Powers Agreement, shall be enti to represent his member agency in the deliberations of the Board of Directors. Names of the official representatives and alternates shall be communicated in writi to the Organization upon its initial formation by each participating Member Agenc and shal I thereafter be annually communicated or reaffirmed prior to the June meel of the Board of Directors and at such other times as changes in representation are rr by Member Agencies. b. C. Section 3 a. There shall be an Executive Committee composed of five members: the Chairman a Chairman of the Board of Directors, the immediate past Chairman of the Board of C and the Board of Directors' members from the County of San Diego and the City of In the event that the Board of Directors' representative from the County of Sun Dic City of San Diego is a member of the Executive Committee by virtue of his office i Board of Directors, the permanent seat on the Executive committee for his jurisdic shall be filled instead by a member of the Board of Directors from a Member Agenc 2 0 0 than the County of Sun Diego or the City of Sun Diego, who shall be elected by the Board of Directors. If the lmrnediate Past Chairman is no longer a member of the BQ of Directors, that seat on the Executive Committee shall be filled instead by a memk the Board of Directors, other than the representative of the County or City sf San D who shall be elected by the Board of Directors. Each jurisdiction which has membership in this committee shall have no more than 01 vote in Executive Committee proceedings e Whenever a member is not present at a meeting of the Executive Committee, a pres( alternate may act as a member. There shall be three alternates at large, who shall members of the Board of Directors (other than members from the County of Sun Diegc the City of San Diego) elected by the Board of Directors as first alternate, second alternate, and third alternate. The alternate for the County of Sun Diego and +he alternate for #he City af Sun Diego shall be the regular selected alternates to the Board of Directors for these jurisdictions. In the event the County Sun Diego or the City of Sun Diego members are absent ffrom an Executive Committe meeting, their respective alternates may act as a member. In the event any other regular Board of Directors' representative is absent, the first alternate may act, or absence, the second alternate may act; or in their absence, the third alternate ma) In the absence of any two regular Board of Directors' representatives, other than th County of Sun Diego and the City of Sun Diego, the first and second alternates ma! act; or in the absence of either the first or second alternate, the third alternate ma act. In the absence of any three regular Board of Directors' representatives other t the County of San Diego and the City of Sun Diego, the first, second, and third alternates may act. b. C. 3 0 0 Section 4 The Board of Directors shall have the authority to appoint all additional committees or subcommittees and may provide for the appointment of alternates to these committees. a. Additional standing committees may be appointed by the Board of Directors as may be required to carry out general and continuing functions and may be abolished onl) upon specific action by the Board of Directors. Ad hoc specialized subcommittees may be appointed by the Board of Directors as the need arises to accomplish specific tasks. Upon completion of its assignment, each ad hoc subcommittee shal I disband. b. 4 0 0 ARTICLE Ill MEETINGS Section 1 a, A quorum for a meeting of the Board of Directors shall be as provided for in the Joii Powers Agreement. A quorum shall be required for the conduct of any business of a committee. No bus shall be conducted by a committee without a quorum. Except as provided in subdib (d) of this section, all decisions by a committee shall be by simple majority of the ( Except as provided in subdivision (d) of this section a simple majority of the appsir members of a committee shall constitute a quorum. Four members of the Executive Committee shall constitute a quorum. All decisions the Executive Committee shall be by simple majority of the membership. b. c. d. Section 2 Parjiamentary procedure at all meetings shall be governed by Roberts Rules of Order exce as otherwise modified by the Joint Powers Agreement or these Bylaws. Section 3 The Secretary shall mail written notice of the meetings of the Board of Directors and eacl Standing Committee, stating the time, location, and the agenda of business to each Men Agency and to the respective members and alternates of the Board of Directors or the Sta Committees, not less than five days prior to meetings, except that such written notice of regular Board of Directors' meeting shall be mailed not less than twelve days prior to suc meeting. 5 0 0 5ection 4 The Standing Committees shal I meet according to the following schedule: a. The Board of Directors shall hold its regular meetings on the third Monday of each month. In the event that the third Monday of any month is a holiday, the regularly scheduled meeting shall be held on the fourth Monday of that month. Special meetings of the Board of Directors may be called from time to time by its Chairman. The Executive Committee meetings shall be held on the Friday no less than sixteen days prior to the regular monthly meeting of the Board of Directors or whenever cal by its Chairman. The Chairman of the Board of Directors shall notify the members ( the Executive Committee of any such scheduled meetings at least twenty-four hours prior to the scheduled date off the meeting. Other Standing Committees and ad hoc specialized subcommittees shall meet whene called by their respective chairman. b. ca 6 0 0 ARTICLE IV OFFICERS AND THEIR DUTIES - Section 1 The Board of Directors, the Executive Committee, and other Standing Committees shall h( as elected officers a Chairman and Vice Chairman, who are members of their respective E or Committees. The Executive Director shall be the Secretary of the Board and each Star Committee o a. The Chairman shall preside over Board and committee meetings, and have general supervision of Board and committee affairs. He shall sign all official documents wI directed to do so by the Board and committee respectively. The Vice Chairman shall perform the duties of the Chairman in his absence and per any duties that the Chairman may require. In the event of the absence of both officers of the Board of Directors, Executive Ci or other Standing Committee, the quorum of members present shall elect a Chairma Tempore to preside for that meeting. The Secretary, with a quorum present, shall the meeting to order and preside during such election of a Chairman Pro Tempore; ' shall immediately relinquish the chair upon completion of the election. b. c. Section 2 The Chairman and Vice Chairman of the Board of Directors shall be the Chairman and Vi Chairman of the Executive Committee respectively. The Executive Director shal I be the Secretary of the Executive Committee. Section 3 Election of officers of the Board of Directors shall be held annually during the regular Jt meeting e 7 0 0 Officers for the Board of Directors shall be elected in the following manner: a. The Chairmun shall appoint a three-man nominating committee at the regular May meeting who shall submit nominees for the Board offices in writing for mailing to Board members. Additional nominations for any office may be made by Board members at the June meeting. b. The officers shal I be elected by a majority of the votes of those Board members prese c. All officers shall be elected far a term of one year and shall serve until their succesi are elected. They shall begin their term of office at the close of the annual June meetings. d, In the event that the board member who has been elected Chairman or Vice Chairmc is no longer a member of the Hoard of Directors, the office shall be considered vaca Any vacated office of Chairman or Vice Chairman shall be filled at the next regula Board meeting by nominations from the floor, and a majority of votes from the memben present. e. Section 4 a. The Executive Director will be responsible to the CPO Board of Directors as set Out in the Administrative Manual for the administration of the CpO program, including: (1) development of program objectives, definition, direction and priorities; (2) management of CpO programs and coordination of staff and support services; (3) the development of financial support programs for cpo activities; c4) the 8 0 0 recommendation and submission of an annual CPO program budget to the Board of Directors; and 5) execution of the adopted personnel, purchasing, and budgetary sy;tems. The Executive Director shall perform such other and additional duties as is necessary to carry out the objectives and function of CPO and as directed by the Board of Directors. b. Any additional staff support services provided by member agencies or others shall be coordinated by the Executive Director. c. The Executive Director is hereby enabled to promulgate an administrative manual, for adoption by the Board of Directors, governing the administrative procedures of the Organization * 9 e 0 ARTICLE V RELATIONSHIPS AND RULES OF PROCEDURE Section 1 The functions of the Executive Committee at the direction of the Board of Directors shall bi (1) give specific direction to CPO staff; (2) expedite the timely review of grant applicatio required by federal and/or state agencies, or agencies which administer grants for matters I regional significance or requiring regional coordination; (3) make recommendations to expc the CPO program and obiectives; (4) at the discretion of the Executive Committee, partici in the joint review of subcommittee recommendations on significant issues requiring Board action; and (5) perform such other functions and exercise such other responsibilities as may time to time be delegated by the Board of Directors. Section 2 The Executive Committee shall review al I Federal and State grant-in-aid applications received by the Executive Director. If the Executive Committee determines that any particular application is of regional significance or requires further coordination, the Committee shall forward the application to the Board of Directors for review and action. If the Executive Committee determines th3 t a particular application does not have any regional significance and does not require further regional coordination, the Committee shall review and comment on the application and report its action to the Board of Directoi Where the Executive Committee has acted on an application which is not of regional significance nor requires further regional coordination, no further processing through the Board of Directors will be required, unless the Board of Directors requests that the apF cation be submitted to the Board. 10 0 0 Section 3 The Board of Directors shall provide guidance to Standing and Ad Hoc Committees. The Board may advise Member Agencies on the coordination of general plans, or on the resoh of conflicfs between the general plans of Agencies in the Sun Diego County Region. No CPO Studies shall be undertaken or extended in scope without the prior consent of the Board of Directors. 11 0 0 ARTICLE VI AMENDMENTS Section 1 The Board of Directors shall be responsible for making all amendments to these Bylaws. a. Proposed amendments may be originated by the Board of Directors, the Executive Committee, or any member of the Board of Directors. Each proposed amendment shall be considered by the Board of Directors and a cop) thereof forwarded by the Secretary to the official representative of each Member Agency, his alternate and the Agency itself, at least 20 days prior to the meeting which such proposed amendment will be voted upon. Amendments to these Bylaws shall require the vote of a majority of the Member Agencies which also represents at least 51% of the weighted vote of Member &en signatory to the Joint Powers Agreement. b. c. 12 ( 0 0 PRQRATION OF NET LOCAL SHARE TO MEMBER AGENCIES - 1972-73 FISCAL YEAR Jurisdictions Prorated Cost 1 City of San Diego $280, O? 1 County of San Diego 116,514 Chula Vista 27,351 El Cajon 21,880 Nationa I City 16,411 Oceanside 16,958 La Mesa 15,863 Escond ido 15,863 Vista 1 Qp 393 Coronado 8,205 Imperiai Beach 8,205 Garlsbad 6,017 Del Mar 9 , 642 San Marcos 1,642 TOTAL $54?,O 1 5’ 1 e Based on budget estimate for an independent program staff - local cost prorated by jurisdiction on most recent population estimates (unincorporated area for County of San Diego), Represents approximately 26.4% of anticipated general fund SB 325 revenues. 2. s AMP LE 0 0 RESOLUTiON NO I) WHEREAS I pursuant is ced-ain federul and sfate governmen% yrclnf requjr-ernents the es~abIiskment of a Regional Planning Agency to advise Icpcal entifies regarding oiFi phases of deveispment within the Sara Diqp Couq~y region is mcessary; and WiE2EA5, ptsnucn: 'ro said re<~u?rcmerr'rs Pkfs (C3,;nci$\30ard) .....-I_^y___I has h~~*Ci~~kxe pa*"iic:i'E in such a Regionat Planning Agency, known as the Sun Diego Comprehensive Planning Organization; cnd WHEREAS, such pa~icipai.ion wss esfabfished, evidenced an$ recoded in o Join;- Powers Agreement, authorizad by Resolution No. * adopted 19 , which created the present Comprehensive Picxnnirtg Organization; ond WHEREAS, it is deemed ?ha? t~~e present Cornprehevasive Pic;!-ininy Organization is no longer odequprf.e to accomplish $he purpposes originmIly set for&; and a new Camprekc PIonning Organization is being formed tho? will more adequaiiely meet he needs of crrew~ planning and coordintafion; and WHEREAS, his (Cotrncif/'~oard) - acting on behalf of its consfifuency is desirous io parficipa're in said new Comprehensive Planning OrganizcrSiot.1; NOW, THEREFORE, BE 17 RESOLVEDr by ;-he ;C?y _. Coernci!/BoQrd) of iha (c3jfpzou:lfy) _1__1- d u_I__P C~lif~rnia, as foilowik: (Example: O:\cly0Pr my hb,anag,4r) bet and he ---_I .-------- 1, That the heyeby a~r&a&ze$ far and OR hehaif OF said (Ci?y/Co~~fy) to enter into a Joint POW~S I___-- &reerr,enk, a copy of which is on file in the office of the (City/County __.- Clerk) as Docum p with those public agencies enrsrnerded therein, fa- the purpose No * pafiieipafi:jg in Q C~nip~eRe~~.iv~ P~~TG;KJ Qi~~ali~~~tfon, said C~T~GKIE~: ?D b~cu~fie effe I_ w W only upon ratification and execution by ut least eighi- member signatory agencies representi rig at least seventy-five percent (75%) of the regi:inal population prior PO Sepienlser 10, 1972, 12:0! A,M, P,D.T, r which previousfy authorized the -I- 2. That Resolution No, (Excrnple: Mayor, City Manager) to enker into a Joint Powers Agreement, creating the criginal Comprehensive FEanning Organization be rescinded, and ha the (City/County) - of - hereby withdraws from such original organization ( defineafed within fhe above rdcrenced resoiui ro:io .such rescission and avi not be final and effective unfil 0c:ober 1, 1972, ut 12:01 A,M. P.D,T., und onfy on the condition that the hint Pcwers Agreemefit referred fo i:i Saclion 1 becomes effective 05 set forth above, - .---- ----_I_- -III_u_ 3, Be it fudher resolved thaf ex amp!^: - City JManager, Mayor) be and he is hereby authorized for and on beha!? of said Gify to execui-e uTf pariinenf and necessary docr~rnenis and papen $0 acc5mpIish aff BF &,e ?oregoing. (Tit le) By__ - -PI :: 9 e RESOLUTION NO. BE IT.RESOLVED, by the Council/Board of the City/ County of , that: 1. be and he/she is hereby designated as the City of representative to the Comprehensive. Planning 'Organizatia 's primary 2. be and he/she is hereby designated as the City of 's first alternate to the Comprehensive Planning Organization. BY