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HomeMy WebLinkAbout1980-10-28; City Council; Resolution 63251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE JOINT POWERS AGREEMENT WHICH ESTABLISHED THE C0MP"ENSIVE PLANNING ORGANIZATION ~ WHEREAS, the Board of Directors of the Comprehensive Planning 3rganization has deemed it desirable to change the name of the Drganization to San Diego Association of Governments and amend Sections of the Joint Powers Agreement dealing with purposes of the organization, powers of CPO, compensation of the chairman, and the weighted voting formula; and WHEREAS, any amendment to the CPO Joint Powers Agreement requires the consent by resolution of each and every member agency to be effective; and WHEREAS, the City of Carlsbad is a member agency of the CPO; and WHEREAS, the City Council of the City of Carlsbad deems it desirable to execute the referenced amendment to the Joint Powers Agreement; 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 of the City of Carlsbad hereby approves the third amendment to the Joint Powers Agreement and authorizes the Mayor to execute said amendment the form of which is on file in the City Clerk's office. /// /// /// /// /// /// I 1 ! l( 1: 1: 12 14 If 1C 17 1E 1s 2c 21 22 23 24 25 26 27 28 adj ou rn ed PASSED, APPROVED AND ADOPTED at a/regular meeting of the Carlsbad City Council held the 28th day of October , 1980, by the following vote, to wit: AYES: NOES: None Council Members Packard, Casler, Anear, Lewis and Kulchin 4TTEST : (SEAL) - f ., $ 0 THIS THIRD AME"T To Joint Powers Agreement is made between the CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORoNI.ux), CITY OF DEL MAR, CITY OF EL WDN, CITY OF IMPERIAL BEACH, CITY OF LA MESA, CITY OF LE" GROVE, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, CITY OF SAN MARCOS, and the CITY OF VISTA, hereinafter collectively or individually referred to as "Member Agencies". . RECITALS A. WHEREAS, the Board of Directors of the Cmprehensive Planning Organ- ization (0) of the San Diego Region desires to change the name of Cmprehensive Planning Organization to mre accurately reflect the purpose, functions and organization of the joint mrs agency: and 8. WHEREAS, the Board of Directors desires to change the weighted vote formula to mre accurately reflect the distribution of population in the region: and C. WHEREAS, the Board of Directors desires to make certain other changes to the Joint Powers Agreement to clarify the functions of CR3 and provide cunpensation for the Chairman; and D. WHEREAS, such changes require amendment to the original Joint Powers Ncw THEREFORE, in consideration of these recitals, Member Agencies Agreement which created CPO. agree as follows: I. That paragraph 2 of that certain Joint Powers Agreement entered into between Member Agencies on August 23, 1972, as amended, which created the present (333, the original of which is held by CFO, be deleted and a new paragraph 2 be added to read as follm: "2. Establishment of €P3 SANDAG. There is hereby created an organization to be known and denominated as the €- ' e- I &- ' -ff?FW San Dieqo Association of Governments (SANDAG) which shall be a public entity separate and apart frm any member agency. SANDAG shall be governed by the terms of this Joint Po" Agreement and any bylaws passed and adopted by its governing board.'' A, or "CPO" in that certain Joint Powers Agreement be deleted and "San Diego Association of Governments" or "SANIXG" be substituted therefor without any effect whatsoever except to change the name of the organization in all its references, publications, bylaws, administrative procedures, etc. That all other references to the "Ccmprehensive Planning Organization" .r 3 L B. in interest to all rights and liabilities of the Cclmprehensive Planning Organization. C. That no additional authority or responsibility is implied or granted to the joint pxers agency as a result of the name change. That the San Diego Association of Governments (SANDAG) is the successor 11. That paragraph 3 of said Joint Powers Agreement be amended by adding a new sentence to read as follaws: "3. Purpose of Ofganization. The specific and primary purpose €or which this organization is created is to engage in regional cooperative mprehensive planning to assist tlx Member Agencies and to provide a regional reviewing organization for certain federal and state grant projects. reccmwdation, plans or programs pranulgated by CFO shall be advisory only. Rmver, the plans of local agencies should be consistent with all elements of the rqional plan. Neither the Cmprehensive Planning Organization nor a majority of the members thereof shall have the authority to impose any plan, duty, obligation or other respnsibility upon any Member Agency thereof without the consent of such Agency; further, no Agency shall be required to do anything it does not specifically agree to do." my 111. That paragraph 4 of said Joint Powers Agreement be amended by adding a new sentence to read as follm: 13 '$4. Powers of CPO. AS may be necessary for the accomplishment of the purposes of #is agreement CPO shall have-_the pwer, 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, Hawever, the debts, liabilities and obligations of CPO shall not constitute any debt, liability or obligation of any of the Membep Agencies who are parties to this agreement. The organization shall not be able to require additiondl pennits. The Treasury of kh;. City of San Diego shall be the depository of funds of CKI and the Treasurer of the City of San Diego shall be the ex-officio Treasurer of 80. The Auditor/Comptroller of the City of San Diego shall be ex-officio Auditor/Ccmptmller of 80 and shall draw warrants or checkwarrants against the €unds of CPO in the Treasury when the demands are approved by the BOaA of Directors, or such other persons as may be specifically designated for that purpse in the bylaws. Said Auditor/Ccrrrptroller and Treasurer shall ccknply with all duties impOsed under Article I, Chapter 5, Division 7, Title I, of the California Government Code ccersnencing with Section 6500. City of San Diego shall determine reasonable charges to be made The 2 against CPO for the services of the Treasurer and Auditor/Ccsrrptmller. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public accountant, IV. That paragraph 7 of said Joint Powers Agreement be amended by adding a new sentence to read as follows: "7. Govemirq Board of 80. All piers of this Organization shall be exercised by the Board of Directors. The Bead of Directors shall be amps& of one prhary representative selected by the governing body of each lilefnber Agaq to serve until recalled by the governing body of said Elember Agency. Each director must be a mayor, councilman, or supervisor of the govern- ing body which selected him. Vacancies shall be filled in the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representative one alternate ts, serve on the Board of Directors when the primary representative is not available. Such alternate shall be subject to t=he me reskric- tions and have the same powersp when sewing on the Board of Directors, as the primary representative. - At its discretion, each Member Agency may select a sewnd altermasate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary represen- tative nor the regular alternate is able to attend a meeting of &.he Board of Directors. Such alternate shall be subject to #e m restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. The Board of Directors may allcrw for the appointment ofi3advisory. representatives to sit with the Board of Directors but in no event shall said representatives be allawed a vote. Each director, or designated alternate acting in a direcbr's absence, may receive reimbursement from the 80 for out-of-pocket and travel expenses incurred by such direcbr or alternate on approved organ- izational business. any ordinance, rule, regulation, or policy of a Member Agency, each director, or designated attemate acting in a director's absence, shall also receive $50. for each Board meeting or Executive Camittee meeting attended. The Chairman shall receive additional monthly canpensation in an amount established frm the to time by the Board of Directors. " .- Except where prohibited by the charter, or V. That paragraph 8 of said Joint Powers Agreement be amended as follawst "8. Vote of Board of Directors. A. The Board of Directors shall vote on all items on the basis of one vote per signatory Member Agency, except if representatives of three signatory Member Agencies request a weighted vote after voting on any particular item, then in that event a new weighted vote which will be final and binding, shall be taken. 3 ! B. When the weighted vote is taken there shall be a total of one hundred votes, except additional votes shall be allawed pursuant to Section 19. Ex~~fte~ed-+n-~eeim-+d~, wm CJ--*- i??mt+e-- 3-e- *heJ =a-e-e fP -+?f- I *-Hc3m"m ate. Each 2ie3~~ h?&-- representative shall have that number of votes determined by the followinq apportionment formula, provided that each Member Agency shall have at least one vote, no Member Aqency shall have mre than 40 votes, and there shall be no fractional voter _I 5.t@p-+iG2 I UL -ep-&3-€ zstctrsrrsldnd thewh- z&-. 6T+€f-**-T- &+rig- fiatrin(3-tk-kkgf~*X~~ --whmFv* " 7T--i++A?e-m~ 9- *e- c-Hmrv tie-3"~:. 1- ---& 5 3 v- t~t--3¶exber~e~s+ ix3-333-. 1. Determine each Member Agency's populatioq. If any Member Aqency has 40 percent or mre of the total popu- lation of the San Diego County region, allocate 40 votes to that Member Agency and follow step 2; if not, kollow step 3. 2. Total the population of the remaininq Member Aqencies determined in step 1 and corrtp Ute percentaqe of this total that each Member Aqency has. a. Multiply each percentage derived above by 60 to dete? mine fractional shares. Boost fractions that are less than one to one; add the whole numbers, b. 4 G c. If the mer to step b. is 60, drop all fractions and the whole numbers are the votes for each Member Aqency. d. - If the answer to step b. is less than 60, the remaining vote(s) is allocated one each to that MemberAgency(s) havinq the highest fraction(s) exceptinq those whose vote was increased to one (1) in step b. above. . e. If the answer to step b. is more than 60, the excess vote(s) is taken one each frcm the Mkmber Agency(s) with the lowest fraction(s). In no -e may a vote be reduced to less than one. Ute Total the ppulation determined in step 1. and camp 3. percentaqe of this total that: each Menks Aqency has. . a. Boost fractions that are less than one ta one; add the whole numbers. b. If the answer to step a. is 100, dmp all fractions and the whole numbers are the votes for each Member Aqenq. c, If the answer to step a, is less than 100, the remaininq vote(s) is allocated one each to that Member Aqency(s) having the hiqhest fraction(s) exceptinq those whose - vote was increased to one (I) in step a. above. do If the answer to step a. is more than 100, the excess vote(s) is taken one each fm that MaberAqency(s) with the lmst fraction(s). In no case may a vote be reduced to less than one, 4 do If the answer to step a. is more than 100, the excess fJxg that Maber Aqency(s) -I_ ---1 .a,. .- n une, C. When the weighted vote is taken, the vote of not less than five (5) Member Agencies’, representing not less t3-m 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 failsp action determined by the original vote shall stand. Except as hereinafter provided in Subsection (D), the weighted vote shall be as follaws: (Weighted vote of each agency to be set forth.) and shall be recquted in the above manner on July 1 of 1974, and every twg years thereafter. Upon withdrawal of any member, the weighted vote shall not be recamputed but the total votes cast will be reduced by the weighted vote of the withdrawitq Member . Agency. De Without affecting the weighted vote of okher Member Agencies when a weighted vote is requested on any of the *--- 33-lIavtE-40~ , **&--§an 5 ‘7 I following items which are identified by number as listed in the Catalog of Federal Dnestic Assistance published by the United State Office of Management and Budget (7th Ed., 1973), it will re pire not less than sixty percent (60%) of the weiqhted vote to supersede the position taken by the County of San Dieqo 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 ,746 13 753 13.756 13.763 13.764 16.500 17 . 230 49.003 49.004 49,006 49.009 66.001 65.005 72 e 001 Canprehensive Health Planning - Areawide Grants Cmprehensive Health Services - Formula Grants Health Facilities Construction - Grants Health Services Research and Development Grants Mental Health - Cmmunity Assistance Grants for Narcotic Mental Health - Cormnunity Mental Health Centers Migrant Health Grants - Mental Health - Ccxmnunity Assistance Grants for Cmpre- i hensive Alcoholism Services Mental Health - Direct Grants for Projects Health Facilities Construction - Loans and Eoan Guarantees Mental Health - Direct Grants for Spscial Projects Health Maintenance Organization Service Health Professions Teaching Facilities - Construction Medical Library Assistance - Regional Medical Libraries Nursing School Construction Rehabilitation Services and Facilities - Basic SuPp0l-t Development Disabilities - Basic Support Aging - Special Support Programs Rehabilitation Services and Facilities - Special Projects Youth Ikvelopment and klinquency ~aw Enforcement Assistance - Cmprehensive pla&ing Grants Migrant Workers Cmprehensive Heialth Services Drug Rehabilitation (To HEW) Fmily Planning (To HEW) Migrant and Seasonal Fanworker Assistance (To DOL) Air Pollution Control Program Grants Air Pollution Survey and Demonstration Grants Fbs ter Grandparents" Addiction and Drug Abuse Grants VI. That paragraph 19 of said Joint Powers Mreanent be amended by adding a new sentence to read as follm: "19. Later Participating Member Agencies, In addition to the Agencies noted in the Preamble above, any other San Diego County incorporated city which may desire to participate in the activities of the Comprehensive Planning Organization may do so by executing this agreement without prior approval or rati- fication of the Member Agencies noted in the Preamble of this agreement and shall he bound by the terms of this agreement as ! 6 of the date of execution. membership of all new cities upon incorporation, participating llember Agencies must notify CFO and the Member I Agencies within ten (10) days after such execution. Any later participating M&r Agency shall receive one (I) vote under the single vote procedure and one vote under the weighted vote procedure specified above until the next recanputation of the weighted vote as specified in Section 8 above, at which time said participating Nember Agency shall receive votes in accor- dance with the formula specified in said Section 8. recomputation, the total weighted vote may exceed 100." The Member Agencies encouraqe the Such later Until such VII. That all other terms and conditions of said agreement entered into on August 23, 1972 as amended, among Member Agencies shall remain in full force and effect. - VIII. That this Third Amendment will beccme effective on that date the last signature is affixed to the amendment counterparts. M WITNESS WHERMlF, each of the following Member Agencies has caused this Third Amendment to Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized by resolution therefor by the legislative body of that Agency, for CITY OF CAIUlsBAD date Rv -.L for CITY OF CHULA VISTA date .- BY for CITY OF CoRoNAfX) date BY for CITY OF DEL MAR date for CITY OF EL WON date BY for CITY OF IMPEWAL BEACH date 7 BY ._ date for CITY OF LA MESA BY * for CITY OF U3IObl GROVE date Bv -A for CITY OF mTIm CITY date BY for CITY OF OCEANSIDE date BY for CITY OF SAN DIEGO date By for CITY OF SAN MAR2a date Bv for CITY OF VISTA date .-- 8