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HomeMy WebLinkAboutSANDAG; 1972-08-23;ATTACHMENT 1 EIGHTH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS THIS EIGHTH AMENDMENT to the Joint Powers Agreement is made between the Cities of Carlsbad, Chula Vista, Coronado, De1 Mar, El Cajon, Encinitas, Escon- dido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and the County of San Diego, hereinafter collectively or individually referred to as “Member Agencies”. RECITALS WHEREAS, SANDAG has proposed a change in the Joint Powers Agree- ment to implement the recommendations of the Blue Ribbon Committee pursuant to. Proposition.C,(approved by .the-votersin November 1988); and WHEREAS, said change requires an amendment to the SANDAG Joint Powers Agreement; and WHEREAS, the Board of Directors authorized distribution of this amend- ment to the Member Agencies for their concurrence; NOW THEREFORE, in consideration of these recitals, Member Agencies agree as follows: I. That Section 1 of said Joint Powers Agreement be amended to read as follows: 1. Definitions The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates other- wise: a. “Region” shall mean that territory physically lying within the boundaries of the County of San Diego. I?* “Regional Board” shall mean the Regional Planning and Growth Management Review Board. c. “Population” of any Member Agency shall mean that popula- tion 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 Decen- nial 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. .- d. “Fiscal Year” shall mean that year beginning July 1, and ending June 30. II. That Subsections 4.A. and 4.B. be added to said Joint Powers Agreement to read as follows: 4.A. Establishment of Regional Planning and Growth Management Review Board The issues the Regional Board shall address shall include, but not be limited to: quality of life standards and objectives; holding capaci- ties; growth rate policies; growth phasing; regional land use distri- bution; growth monitoring; open space preservation; significant regional arterials; transportation system management; transporta- . . - ._. - a. . _ - .--_- _. tion demand..management; siting and financing regional .facilities; fiscal abilities and responsibilities; consistency of regional and local plans; and regional growth management strategy. 4.B. Self-Certification Member Agencies agree to determine @elf-certify”) the consis- tency of the pertinent elements of their general plans with regional plans. Upon request by a Member Agency, the Regional Board will review these self-certifications, and make comments and recom- mendations regarding consistency. Where determined by the Regional Board to be appropriate, the Regional Board shall use SANDAG’s Conflict Resolution Procedure for resolving disputes among Member Agencies. The Regional Board shall adopt rules to among Member Agencies. The Regional Board shall adopt rules to establish the self-certification process. establish the self-certification process. That Section 7 of said Joint Powers Agreement be amended to read as follows: 7. Governing Board of ‘SANDAG All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall be composed of one pri- mary 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 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 representa- tive. 2 C At its discretion, each Member Agency may select a second alter- nate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary repre- sentative 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 primary and alternate representatives of the SANDAG Board of Directors shall also serve as members of the Board of Directors when exercising the powers and duties of the Regional Board. 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 to vote. Each director or a designated alternate acting in a director’s absence, may receive reimbursement from SANDAG for out-of- pocket and travel expenses incurred by such director or alternate -.on..,approved. organizational .business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each director, or a designated alternate acting in a director’s absence, shall also receive $75.00 for each Board meeting or Executive Committee meeting attended. The Chairman shall receive additional monthly compensation in an amount estab- lished from time to time by the Board of Directors. IV. 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. v. That the Eighth Amendment will become effective on that date the last Member Agency approves the amendment. IN WITNESS WHEREOF, each of the following Member Agencies has caused this Eighth Amendment to the Joint Powers Agreement to be executed by having affixed thereto the signature of the agent ‘of said Agency authorised by ody of that Agency. for City of National City Date BY BY for City of Chula Vista Date for City of Oceanside Date BY BY for City of Coronado Date for City of Poway Date 3 BY BY for City of De1 Mar Date for City of San Diego Date BY BY for City of El Cajon Date for City of San Marcos Date BY BY for City of Encinitas Date for City of Santee Date BY BY for City of Escondido Date for City of Solana Beach Dats BY BY for City of Imperial Beach Date for City of Vista Date BY BY for City of La Mesa Date for County of San Diego Date for City of Lemon Grove Date 4 ATTACHMENT 2 PROPOSED AMENDMENT TO SANDAG BYLAWS Section lb. of Article VII of the SANDAG Bylaws requires notice to Member Agen- cies of a proposed change to the Bylaws prior to action by the SANDAG Board. The Blue Ribbon Committee has recommended that Article II of said Bylaws be amended by adding Section 6 to read as follows: Section 6 The Board of Directors shall appoint a Technical Committee which shall be a standing committee composed of management staff members from Member Agencies to advise the Board of Directors in the conduct of their responsibili- ties as the-Regional:Planning bc Growth-Management Review Board. December 19, 1989 SANDAG Suite 800, First Interstate Plaza 401 B Street San Diego, CA 92101 Attn: Kenneth Sulzer, Executive Director Re: Eighth Amendment to SANDAG Joint Powers Agreement The Carlsbad City Council, at its meeting of December 12, 1989, adopted Resolution No. 89-434, approving the Eighth Amendment to the SANDAG Joint Powers Agreement. Enclosed is the original agreement which has been signed by the Mayor of the City of Carlsbad. Also enclosed for your records is a copy of Resolution No. 89-434. Encs. 1200 Carlsbad Village Drive l Carlsbad, California 92008 - (619) 434-2808 I/ 1 2 3 4 - RESOLUTION NO. 7540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED AMENDMENT TO SECTION SEVEN, PARAGRAPH FOUR OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS' JOINT POWERS AGREEMENT. WHEREAS, the San Diego Association of Governments 8 9 10 11 of determining compensation for members of the Board of Directors, 12 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the amendment of Section 7, Paragraph 4 of the Joint Powers Agreement as shown in Exhibit A, attached hereto and made a part hereof. 3. That the Mayor is authorized and directed to sign the amendment on behalf of the City. 4. Resolution No. 7504 is rescinded. 19 I PASSED, APPROVED AND ADOPTED at a regular meeting of the 5 (SANDAG) Board of Directors has proposed an amendment regarding 6 the compensation of members of the Board of Directors; and 7 WHEREAS, the City Council desires to change the method 20 City Council of the City of Carlsbad held the 20th day of 21 March I 1984, by the following vote, to wit: 22 AYES: Council Members Lewis, Kulchin and Chick 23 NOES: None 24 ABSTAIN: Council Member Casler ABSENT: council Member P es tt 25 t2l!LJPA 26 MARY H. flASLER, Mayor Id ATTEST: 27 28 RAUTENKRANZ, City Clepk 3 - Exhibit A RESOLUTION NO. 7540 Amendment to Section 7, Paragraph 4 reads as follows: "Each director or a designated alternate acting in a director's absence, may receive reimbursement from SANDAG for out-of-pocket and travel expenses incurred by such director or alternate on approved organizational business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a member ageny, each director, or a designated alternate acting in a director's absence, shall also receive $75.00 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." 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (714) 438-5535 March 22, 1984 SANDAG 1200 Third Avenue, Suite 524 San Diego, CA 92101 Per your request, enclosed is a copy of Resolution No. 7540, which was adopted by the Carlsbad City Council, at its meeting of March 20, 1984. If you have any questions regarding this matter, please do not hesitate to contact this office. LUCILLE WOOD City Clerk's Office FIITHV ToTHEJoINr-AGREEMENT SANDI~ASSCZIATIONOFG3WRNMENTS THISFIFTHAMENaMENT to the Joint Powers Agreementismadebetweenthe Cities of Carl&ad, Chula Vista, Coronado, De1 Mar, El Cajon, Imperial Reach, La I%esa, Iemn Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee and Vista, hereinafter collectively or individually referred to as Vfknber Agencies". RECITALS WHEXEAS, SANDAG Certified Public Accountants, Arthur Young & Co., reconmnd establishing a new accounting system; and WHEREAS, SANDAG's Ex Officio Auditor and Comptroller (the Auditor and Controller of the City of San Diego) r etcommds SANDAG designate one of its officers or employees to be Auditor/Cmptroller and Treasurer; and WHEREAS, said redesignation requires an amendment to the SANDAG Joint PowersAgmenren t; and WHEREAS, the Board of Directors authoriz&i distribution of this amend- ment to the Member Agencies for tlxir concurrence; NW WRE, in consideration of these recitals, Me&er Agencies agree as follows: I. That paragraph 4 of said Joint Powers Agreement be amended to read as follows: 4. Powers of SANDAG As may be necessary for the acccsrrplishmnt of the purpose of this agreement, SANDAG shall have the power, initsownnam,tomakeandenter 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 nam; to hire legal counsel and to incur debts, lia- bilities or obligations. However, the debts, liabilities and obligations of SANDAG shall not constitute any debt, liability or obligation of any of the Mertber Agencies which are parties to this agreement. The organiza- tion shall not be able to require additional permits. SANDAG, by reso- lution of the Board of Directors, shall designate an Auditor/Ccmptroller and Treasurer frm amng its officers or employees in accordance with Section 6505.6 of the Gove Jz-ntwnt code. The Auditor/Ccmptroller shall draw warrants or check-warrants against the funds of SANDAG in the Treasury when the demands are approved by the Board of Directors, or such III. Iv. other persons asmybe specifically designated for that purpose in the bylaws. Said Auditor/Cmptroller and Treasurer shall ca@y with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Govemmnt code cmnencing with Section 6500. At the end of eachfiscalyearthere shallbeanauditconductedbyanindependent, accreditedcertifiedpublic accountant. That paragraph 6 of saidJoint Powers Agreement be amndedtoreadas follows: 6. Funds TheTreasurerof SANDAG shall receive,have the custody burse SANDAG funds upon thewarrantorcheck-warrantofthe Cm@xoller pursuant to the accounting procedures developed 5 hereof,and shallmkethedisburserrents requiredbythis of and dis- Auditor/ under Section agreementor to carry out any of the provisions or purposes of this agreement. The Treasurer of SANDAG may invest SANDAG funds in accordance with general law. Allinterestcollectedon SANDAG funds shallbe accounted for and posted to theaccountof such funds. 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. That this Fifth Arrmdmnt will beccm effective on that date the last Member Agency approves the amndnent. IN WITNESS WHERMlF, each of the following Member Agencies has caused this FifthAmendmentto the Joint Powers Agreemen ttobe executedbyhaving affixed thereto the signatures of the agent of said Agency authorized by resolution therefore by the legislative body of that Agency. Yf+AJ l!?LAz, 7--J”fA BY ~RCI?$OFCARLSBAD DATE w FOR CITY OF CHULA VISTA By FORCITYOF~RONADO DATE w FORCITYOFDELMAR DATE w FORCITYOFJWTIONALCITY DATE BY FOR CITY OF OCEANSIDE By FORCITYOFFWAY w FORCITYOFSANDIEO -2- By FORCI!IYOFELCAJON DATE By FORCITYOF IMF'EXUBLBEAM DATE w FORCITYOFLAMFSA DATE By FORCITYOF~NGKWE DmE- By l?ORCITYOFSANMAR0X DATE w EORCIT!lOFSANI!EE DATEi By FoRCIT!ZOFVISTA -3- / 3 i 6’ Juiy 9, 1982 Per instructions from Charlotte, the original amendment was kept by us and a copy was sent to SANDAC. K. - * . San Diego ASSOCLKI’ION OF GOVERNMENTS Suite 524 Security Pacific Plaza 1200 Third Avenue San Diego, California 92101 (619) 236-5300 December 14, 1982 To: Board of Directors From : Executive Director Enclosed is a copy of the signed Fifth Amendment to the Joint Powers Agreement and a copy of the revised Presentation Joint Powers Agreement for your information. RICHARD J. HUFF Executive Director RJH:B cc: City Clerks City Managers & Others MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Escondido, lmperlal Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee and Vista ADVISORY/LIAISON MEMBERS: Calif. Dept. of Transportation/U.S. Dept. of Defense and Tijuana/Baja Calif. Norte FIFTH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATI,ON OF GOVERNMENTS THIS FIFTH AMENDMENT to the Joint Powers Agreement is made between the Cities of Carlsbad, Chula Vista, Coronado, De1 Mar, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Oceansidei Yoway , San Diego, San Marcos, Santee and Vista, hereinafter collectively or individually referred to as “Member Agencies . I1 RECITALS WHEREAS, SANDAG Certified Public Accountants, Arthur Young, & Co., recommend establishing a new accounting system; and WHEREAS, SANDAG’s Ex Officio Auditor and Comptroller (Auditor and Con- troller of the City of San Diego) recommends SANDAG designate one of its officers or employees to be Auditor/Comptroller and Treasurer; and WHEREAS, said redesignation requires an amendment to the SANDAG Joint Powers Agreement ; and WHEREAS, the Board of Directors authorized distribution of this amendment to the Member Agencies for their concurrence; NOW THEREFORE, in consideration of these recitals, Member Agencies agree as follows : I. That paragraph 4 of said Joint Powers Agreement be amended to read as follows : 4. Powers of SANDAG As may be necessary for the accomplishment of the purpose of this agree- ment , SANDAG 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 SANDAG shall not constitute any debt, liability or obligation of any of the Member Agencies which are parties to this agreement. The brganization shall not be able to require ad- ditional permit 8. SANDAG, by resolution of the Board of Directors, shall designate an Auditor/Comptroller and Treasurer from among its officers or employees in accordance with Section 6505.6 of the Government Code. The Auditor/Comptroller shall draw warrants or check-warrants against the funds of SANDAG 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 I, of the California Government Code commencing with Section 6500. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public accountant. - ? I w II. That paragraph 6 of said Joint Powers Agreement be amended to read as follows: 6. Funds The Treasurer of SANDAG shall receive, have the custody of and disburse SANDAG funds upon the warrant or check-warrant of the .Auditor/Comptrolier pursuant to the accounting procedures developed under Section 5 hereof, and shall make the disbnrsements required by this agreement or to carry out any of the provisions or purposes of this agreement. The Treasurer of SANDAG may invest SANDAG funds in accordance with general law. All interest collected on SANDAG funds shall be accounted for and posted to the account of such funds. III. 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. IV. That this Fifth Amendment will become effective on that date the last Member Agency approves the amendment. IN WITNESS WHEREOF, each of the following Member Agencies has caused this Fifth Amendment to the Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized by resolution therefore by the legislative body of that Agency. BY F--~Ycr\,/~ I AA For City of Vista Date San Diego ASSOCIATION OF GOVERNMENTS Suite 524 Security Pacific Plaza 1200 Third Avenue San Diego, California 92101 (619) 236-5300 PRESENTATION JOINT POWERS AGREEMENT This presentation reflects the Agreement and Amendments made between the CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF DEL MAR, ClTY OF EL CAJON, CITY OF ESCONDIDO, CITY OF IMPERIAL BEACH, CITY OF LA MESA, CITY OF LEMON GROVE, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF POWAY, CITY OF SAN DIEGO, CITY OF SAN MARCOS, ClTY OF SANTEE, AND THE ClTY OF,VISTA, 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 this areawide planning. 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 San Diego Association of Governments 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. * The official Agreement, Amendments and authorizing documents are on file in the SANDAG office. MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, POWaV, San Diego, San Marcos, Santee and Vista ADVISORY/LIAISON MEMBERS: Calif. Dept. of Transportation/U.S. Dept. of Defense and Tijuana/Baja Calif. Norte b. tlPopulationn 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 Cellsus, 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 deter- mined by adding the population of each Member Agency. c. “Fiscal Year” shall mean that year beginning July 1, and ending June 30. 2. Establishment of SANDAG’ There is hereby created an organization to be known and denominated as the San Diego Association of Governments (SANDAG), which shall be a public entity separate and apart from any Member Agency. SANDAG shall be governed 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 SANDAG shall be advisory only. Neither the San Diego Association of Governments 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 specifi- cally agree to do. 4. Powers of SANDAG2 As may be necessary for the accomplishment of the purposes of this agreement, SANDAG 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 SANDAG shall not constitute any debt, liability or obligation of any of the Member Agencies which are parties to this agreement. The Organization shall not be able to require additional permits. SANDAG, by resolution of the Board of Directors, shall designate an Auditor/ Comptroller and Treasurer from among its officers or employees in accordance with Section 6505.6 of the Government Code. The Auditor/Comptroller shall draw ’ Section 2 amended 11/80 2 Section 4 amended 11/80,8/82 warrants or check-warrants against the funds of SANDAG 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/Comp- troller and Treasurer shall comply with all duties under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public accountant. 5. Accounts and Reports The Auditor/Comptroller of SANDAG 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 SANDAG 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 SANDAG, 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 Member Agencies. 6. Funds3 The Treasurer of SANDAG shall receive, have the custody of and disburse SANDAG funds upon the warrant or check-warrant of the Auditor/Comptroller pursuant to the accounting procedures developed under Section 5 hereof, and shall make the disbursements required by this agreement or to carry out any of the provisions or purposes of this agreement. The Treasurer of SANDAG may invest SANDAG funds in accordance with general law. All interest collected on SANDAG funds shall be accounted for and posted to the account of such funds. 7. Governing Board of SANDAG’ 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, council- man, or supervisor of the governing 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 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, in the same manner as the primary representative, 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. 3 Section 6 amended 8/82 4 Section 7 amended 3/74,11/80 The Board of Directors may allow for the appointment of advisory represen- tatives to sit with the Board of Directors but in no event shall said representatives be allowed a vote. Each director or a designated alternate acting in a director’s absence, may receive reimbursement from SANDAG for out-of-pocket and travel expenses in- curred by such director or alternate on approved organizational business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each director, or a designated alternate acting in a director’s absence, shall also receive $50.00 for each Board meeting or Executive Commit- tee meeting attended. The Chairman shall receive additional monthly compen- sation in an amount established from time to time by the Board of Directors. 8. Vote of Board of Directors5 a. 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 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. 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. Each representative 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: (1) Determine each Member Agency’s population. If any Member Agency has 40 percent or more of the total population of the San Diego County region, allocate 40 votes to that Member Agency and follow step 2; if not, follow step 3. (2) Total th e 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 determine fractional shares. (b) Boost fractions that are less than one to one; add the whole numbers. (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 ans wer 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. _ 5 ’ Section 8 amended 10/74, 11/80 4 (e) If the answer to step b. is more than 60, the excess vote(s) is taken one each from 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 ans wer 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. Exvpt as hereinafter provided in Subsection d., the weighted vote shall be as follows: City of San Diego Chula Vista El Cajon Oceanside Escondido National City La Mesa S antee Vista C arlsbad Poway Imperial Beach San Marcos Lemon Grove Coronado De1 Mar 40 8 7 7 6 5 5 4 3 3 3 2 2 2 2 1 Total: 100 l Recomputed 7/82 and’ shall be recomputed in the above manner on July 1 of 1974, and every year thereafter. Upon withdrawal of any Member Agency, 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 when a weighted vote is requested on any of the following items which are identified by number as listed in the Catalog of Federal Domestic Assistance published by the United States Office of Management and Budget (7th Ed., 1973), it will require 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 13.210 13.220 13.226 13.235 13.240 13.246 13.251 13.252 13.253 13.254 13.256 13.340 13.350 13.369 13.378 13.392 13.746 13.753 13.756 13.763 13.764 16.500 17.230 49.003 49.004 49.006 49.009 66.001 66.005 72.001 Comprehensive Health Planning - Areawide Grants Comprehensive Health Services - Formula Grants Health Facilities Construction - Grants Health Services Research and Development Grants Mental Health - Community Assistance Grants for Narcotic Addiction and Drug Abuse Mental Health - Community Mental Health Centers Migrant Health Grants Mental Health - Community Assistance Grants for Comprehensive Alcoholism Services Mental Health - Direct Grants for Projects Health Facilities Construction - Loans and Loan Guarantees Mental Health - Direct Grants for Special Projects Health Maintenance Organization Service Health Professions Teaching Facilities - Construction Grants Medical Library Assistance - Regional Medical Libraries Nursing School Construction Health Professional Teaching Facilities - Loan Guarantees and Interest Subsidies Cancer - Construction Rehabilitation Services and Facilities - Basic Support Development Disabilities - Basic Support Aging - Special Support Programs Rehabilitation Services and Facilities - Special Projects Youth Development and Delinquency Law Enforcement Assistance - Comprehensive Planning Grants Migrant Workers Comprehensive Health Services Drug Rehabilitation (To HEW) Family Planning (To HEW) Migrant and Seasonal Farmworker Assistance (To DOL) Air Pollution Control Program Grants Air Pollution Survey and Demonstration Grants Foster Grandparents 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 SANDAG 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 SANDAG 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 SANDAG 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. Responsibility for supplying funds for that portion of the budget for SANDAbb 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 SANDAG that sum of money determined by taking the ratio its popula- tion 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 SANDAG, 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 SANDAG which must be repaid by SANDAG 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 SANDAG, 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 1972-73 fiscal year payment for that amount expended by it on behalf of SANDAG from July 1, 1972 through September 30, 1972. 13. Ralph M. Brown Act All meetings of SANDAG, 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 SANDAG 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 SANDAG be limited by the legal restrictions placed upon a named Member Agency, the powers of SANDAG 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. 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: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 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., $547,015), 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/accounting procedures), to acquire property, to adopt bylaws and regu- lations 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 SANDAG provided for herein may become fully operative on October 1, 1972. . . . 19. Later Partipatim 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 San Diego Association of Governments 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. The Member Agencies encourage the membership of all new cities upon incorporation. Such later participating Member Agencies must notify SANDAG 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 (1) vote under the weighted vote procedure specified above until the next recomputation of the weighted vote as specified in Section 8 above, at which time said 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. 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 signature of the agent of said Agency authorized therefor by the legislative body of that Agency. CITY OF CARLSBAD ClTY OF CORONADO CITY OF EL CAJON CITY OF IMPERIAL BEACH CITY OF LEMON GROVE CITY OF OCEANSIDE CITY OF SAN DIEGO ClTY OF SANTEE CITY OF CHULA VISTA CITY OF DEL MAR ClTY OF ESCONDIDO ClTY OF LA MESA CITY OF NATIONAL CITY CIT.Y OF POWAY CITY OF SAN MARCOS CITY OF VISTA 6 Amended 11/80 9 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk . July 9, 1982 SAXDAG 1200 Third Avenue, Suite 524 San Diego, CA 92101 Attention: Betty Per your request, enclosed is a copy of Resolution No, 6938, which was adopted by the Carlsbad City Council, at its meeting of July 6, 1982. Resolution No. 6938 approves the Fifth Amendment to the Joint Powers Agreement for the San Diego Asso- ciation of Governments. Attached to the resolution is a copy of the Amendment, which has been executed by the Mayor on behalf of the City of Carlsbad. If you have any questions regarding this matter, please do not hesitate to contact this office. K&EN R. SX'&'ENS Deputy City Clerk Enc. TELEPHONE: (714) 438-5535