HomeMy WebLinkAboutReso 1982-10953
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RESOLUTION NO. 10953
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PROPOSED FIFTH AMENDMENT
TO THE JOINT POWERS AGREEMENT BETWEEN SANDAG AND
ITS MEMBER AGENCIES AND AUTHORIZING THE MAYOR
TO SIGN SAID AMENDMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain proposed fifth amend-
ment to the Joint Powers Agreement between SANDAG and its member
agencies dated the 20th day of July , 19 82, a copy
of which is attached hereto and incorporated herein, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by
~~s
George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20th day of July
19 82 ,by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Malcolm, Moore, McCandliss
NAYES: Councilmen None
ABSTAIN: Colllcilmen None
ABSENT: Councilmen None
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City
la Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10953
,and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660
EXHIBIT A
FIFI'H AMENDMENT
TO THE JOINI' POWERS AGREEMENr
SAN DIEm ASSCX:IATION OF mVERNMENI'S
THIS FIFI'H AMENDMENT to the Joint POW2rs Agreerrent is made between the
Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach,
La. Mesa, lem:m Grove, National City, Oceanside, Poway, San Diego, San Marcos,
Santee and Vista, hereinafter collectively or individually referred to as
"Member Agencies".
RECITALS
WHEREAS, SANDAG Certified Public Accountants, Arthur Young & Co.,
recomrend establishing a new accounting systemi and
WHEREAS, SANDAG's Ex Officio Auditor and Comptroller (the Auditor and
Controller of the City of San Diego) recorrrrends SANDAG designate one of its
officers or errployees to be Auditor/Comptroller and Treasurer; and
WHEREAS, said redesignation requires an arrendrrent to the SANDAG Joint
Powers Agreerrenti and
WHEREAS, the Board of Directors authorized distribution of this arrend-
rrent to the Member Agencies for their concurrence;
NOW THEREFDRE, in consideration of these recitals, Member Agencies
agree as follows:
I. That paragraph 4 of said Joint POW2rS Agreerrent be arrended to read as
follows:
4 . Powers of SANDAG
As may be necessary for the accanplishrrent of the plll1X)se of this
agreerrent, SANDAG shall have the power, in its own nane, to make and enter
into contracts; to errploy agents and errployees under an adopted personnel
system to provide for errployee retirerrent, health and welfare benefits;
to acquire, hold and dispose of property, real and personal, to sue and
be sued in its own narrei to hire legal counsel and to incur debts, lia-
bilities or obligations. HOW2ver, the debts, liabilities and obligations
of SANDAG shall not constitute any debt, liability or obligation of any
of the M=rnber Agencies which are parties to this agreerrent. The organiza-
tion shall not be able to require additional penni ts . SANDAG, by reso-
lution of the Board of Directors, shall designate an Auditor/Canptroller
and Treasurer from am:mg its officers or employees in accordance with
Section 6505.6 of the Governm::mt Code. The Auditor/Cooptroller 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
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other persons as may be specifically designated for that pUI}X)se in the
bylaws. Said Auditor/Comptroller and Treasurer shall canply with all
duties imposed under Article I, Chapter 5, Division 7, Title I, of the
California GovernIYent Code conmencing with Section 6500. At the end of
each fiscal year there shall be an audit conducted by an independent,
accredited certified public accountant.
II. That paragraph 6 of said Joint Powers Agreem:mt be arrended to read as
follows:
6. Funds
The Treasurer of SANDAG shall receive, have the custody of and dis-
burse SANDAG funds upon the warrant or check-warrant of the Auditor/
Comptroller pursuant to the accounting procedures developed under Section
5 hereof, and shall nake the disburserrents required by this agreerrent or
to carry out any of the provisions or pUI}X)ses 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 tenns and conditions of said agreerrent entered into on
August 23, 1972, as arrended, arrong Member Agencies shall remain in full
force and effect.
IV. That this Fifth ArrendJ:rent will becorre effective on that date the last
Member Agency approves the amendrrent.
IN WITNESS WHEREDF, each of the following Member Agencies has caused
this Fifth ArrEndrnent to the Joint Powers Agreerrent 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
DATE FDR CITY OF NATIONAL CITY DATE
By
DATE FDR CITY OF OCEANSIDE DATE
By By
FDR CITY OF COroNADO DATE FDR CITY OF PCJiJAY DATE
By By
FDR CITY OF DEL MAR DATE FDR CITY OF SAN DIEm DATE
-2-
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By
FUR CITY OF EL CAJON DATE
By
FUR CITY OF IMPERIAL BEACH DATE
By
FUR CITY OF LA. MESA DATE
By
FOR CITY OF LEMJN GroVE
DATE
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-3-
By
FUR CITY OF SAt~ MARCOS
DATE
By
FUR CITY OF SANI'EE
DATE
By
FUR CITY OF VIsrA
DATE
FIFTH AMENDMENT TO THE JOINT POWERS AGREEMENT
SAN DIEGO ASSOCIATION OF GOVERNMENTS
THIS FIFTH AMENDMENT to the Joint Powers Agreement is made between the
Cities of Carls bad. Chula Vista, Coronado, Del Mar. EI Cajon. Imperial Beach, La
Mesa, Lemon Grove, National City, Oceanside.. Poway, San Diego, San Marcos,
Santee and Vista. hereinafter collectively or individually referred to as "Member
Agencies. "
RECIT ALS
WHEREAS, SANDAG Certified Public Accountants. Arthur Young. 81 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 follow s :
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 Organization shall not be able to require ad-
ditional 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 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.
ff- /tJ9'53
II. That paragraph 6 of said Joint Powers Agreement be amended to reac;l 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 1 Comptroller
pursuant to the accounting procedures developed under Section 5 hereof. and
shall make the disbu,rsements 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 Ag-encies 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.
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'San Diego
ASSOCIATION OF
G()VERNl\IENTS
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, CITY 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 POWA Y, CITY OF SAN DmGO, CITY OF
SAN MARCOS, CITY OF SANTEE, AND THE CITY 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.
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IEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside,
Jay, 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. "Population" of any Member Agency shall mean that population
last determined for each Member Agency as certified by the State Department of
Finance as of April 1, of each year, or if no certification has been made, the last
Federal Decennial Census, except that the population of the County of San Diego
shall be that population determined in the same manner for the unincorporated
area of the County. The population of the region shall be that population 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 SANDAG1
There is hereby created an organization to be known and denominated as the
San Diego Association of Governments (SANDA G), 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.
N either 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
1 Section 2 amended 11/80
2 Section 4 amended 11/80, 8/82
f-/tJ703
2
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 SANDAG4
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.
A t 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
3
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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 the population of the remaining Member Agencies
determined in step 1 and compute percentage of this total that each Member
Agency has.
(a) Multiply each percentage derived above by 60 to
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 answer to step b. is less than 60, the remaining
vote(s) is allocated one each to that Member Agency(s) having the
highest fraction(s) excepting those whose vote was increased to one (1)
in step b. above.
. 5' Section 8 amended 10/74, 11/80
4
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(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 answer to step a. is more than 100, the excess
vote(s) is taken one each from that Member Agency(s) with the lowest
fraction(s). In no case may a vote be reduced to less than one.
c. When the weighted vote is taken, the vote of not less than five (5)
Member Agencies, representing not less than fifty-one percent (51 %) of the total
weighted vote of the signatory Member Agencies shall be required to supersede
the original action. If the weighted vote fails, action determined by the original
vote shall stand.
Ex~pt as hereinafter provided in Subsection d., the weighted vote shall
be as follows:
City of San Diego
Chula Vista
EI Cajon
Oceanside
Escondido
National City
La Mesa
Santee
Vista
Carlsbad
Poway
Imperial Beach
San Marcos
Lemon Grove
Coronado
Del Mar
40
8
7
7
6
5
5
4
3
3
3
2
2
2
2
1
Total:
100
.
Recomputed 7/82
5
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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 CatalQR' 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 HE W)
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.
tP- /tJYS3
6
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.
b. Responsibility for supplying funds for that portion of the budget
for SANDAG 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.
7
1/- /I)tj 53
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 A~reement
This agreement shall continue in full force and effect until no less than 50%
of Member Agencies withdraw from this Organization by resolution.
17. Disposition of Assets upon Termination
Upon termination of this agreement any money or assets in possession of the
Organization after the payment of all liabilities, costs, expenses and charges
validly incurred under this agreement shall be returned to the Member Agencies in
proportion to their contributions determined as of the time of termination.
18. Effective Date of Agreement
This agreement shall become effective for all purposes at 12:01 a.m. P .D.T.,
September 10, 1972, if by that time such agreement has been executed by at least
eight Member Agencies representing at least 75% of the regional population. As
soon as possible after the appointment of a sufficient number of representatives
to the Board of Directors to constitute a quorum, the Board of Directors shall
meet for the limited purposes of permitting the Board of Directors to adopt a
budget for fiscal year 1972-73 (the local share not to exceed that amount in the
preliminary budget for independent operation approved by the Policy Committee
on April 21, 1972, i.e., $547,015), 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.
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19. Later Partipatilllt Member Agencies6
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.
CIT Y OF CARLSBAD
CITY OF CORONADO
CITY OF EL CAJON
CITY OF IMPERIAL BEACH
CITY OF LEMON GROVE
CITY OF OCEANSIDE
CITY OF SAN DIEGO
CITY OF SANTEE
CITY OF CHULA VISTA
CITY OF DEL MAR
CITY OF ESCONDIDO
CITY OF LA MESA
CITY OF NATIONAL CITY
CITY OF POWA Y
CIT Y OF SAN MARCOS
CITY OF VISTA
6 Amended 11/80
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