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HomeMy WebLinkAboutAgenda Report - February 15, 2006 K-01AGENDA ITEM Vr% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Amendment to San Joaquin Council of Governments Joint Powers Agreement to Add Two Additional Voting Members to the Board, One Each from the San Joaquin County Board of Supervisors and the City of Stockton MEETING DATE: February 15,2006 (Carried over from January 18 and February 1 meetings) PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving an amendment to the San Joaquin Council of Governments Joint Powers Agreement to add two additional voting members to the Board, one each from the San Joaquin County Board of Supervisors and the City of Stockton. FEBRUARY 15 UPDATE: Staff has been notified by the SJCOG that sufficient affirmative votes by other agencies have been made to approve this amendment. However, staff still recommends an affirmative vote by the Lodi City Council for the record. The following staff report is unchanged from the previous meetings' reports. BACKGROUND INFORMATION: The City has received the attached letter from the San Joaquin Council of Governments (SJCOG) requesting that the City ratify a proposed amendment to the Joint Powers Agreement. The amendment primarily adds two voting members to the Board —one from the San Joaquin County Board of Supervisors and one from the City of Stockton. The amendment also raises the quorum level from six to seven. In addition, the amendment makes minor editorial changes, as shown on the attachments. The change is being recommended in response to a requestfrom the City of Stockton for increased representation given the under representation compared to Stockton's population. This disparity is summarized in the following table: Agency Population % of SJ Count Current # of Board Seats, % Proposed # of Board Seats/% Escalon 1.1 % 1, 10% 1, 8.33% Lathrop 1.9% 1, 10% 1, 8.33% Lodi 9.6% 1, 10% 1, 8.33% Manteca 9.5% 1, 10% 1, 8.33% Ripon 2.0% 1, 10% 1, 8.33% Stockton 42.8% 2, 20% 3, 25.0% Tracy 12.0% 1, 10% 1, 8.33% Unincorporated Area/ Beard of Supervisors* 21.2% 2, 20% 3, 25.0% Total: 101100% 121100% * Note, the Board of Supervisors also represents constituents within the incorporated areas. APPROVED: /"�� Blair Kin rCity Manager J:I000N01L1081SJCOG_JPAAmendment doc 211012006 Adopt Resolution Approving Amendment to San Joaquin Council of Governments Joint Powers Agreement to Add Two Additional Voting Members to the Board, One Each from the San Joaquin County Board of Supervisors and the City of Stockton February 15,2006 (Carried over from January 18 and February 1 meetings) Page 2 Clearly on a pop ulationlrepresentation basis, the request should be considered. However, SJCOG is much more than simply a population -based organization. SJCOG is collaborative decision-making organization tasked with managing a variety of regional issues, programs and funding. The second and third pages of the Joint Powers Agreement describe the regional nature of SJCOG and page four lists the specific programs for which SJCOG acts as the managing agency. In addition, the voter -approved ordinance that established the % cent transportation sales tax in San Joaquin County — Measure K — names the SJCOG as the Local Transportation Authority to manage the program as described in State law. The continued success of SJCOG and the way it operates is vital to Lodi, the other cities and San Joaquin County as a whole. The proposed amendment provides a stronger voice for the largest city — albeit only by a small amount — and is balanced by a stronger voice from the Board of Supervisors, who represents the entire County, including city residents. The change is minimal for the remaining cities and is tempered by requirements that: a) A seven -member quorum is required to conduct business (increased from six). b) A majority of the members and those representing at least 55% of the population are needed to amend the JPA and to adopt the annual budget. c) A two-thirds majority is required (in the Measure K ordinance) for amendments to the Expenditure Plan and Ordinance. In the end analysis, the proposed amendment is relatively minor; however, the important point is that the members continue to work togetherfor the betterment of the region. The amendment addresses the concerns of the elected officials representingthe majorityof the population, and staff fully supports the request. FISCAL IMPACT: No funding is required for this action. Any future impacts to City transportation funding will depend on SJCOG Board actions. FUNDING AVAILABLE: Not applicable. Q"4 Richard C. Prima, Jr. Public Works Director RCPlpmf Attachments cc Andrew Chesley, SJCOG Executive Director J:\COUNCILW6\SJCOG—JPAAmendment.doc 2110/2006 aql ruo-g goea antleluasaxdax leuotltppe ue gatppe Vdf atp3o t uogoas spuame 05=13 antluelsgns ouo ;;EU -sa-3uego p;txoltpa pue SutulLuuoj an lsotu `saa8uego KEreEa aq of sxeadde aragl 0.[ q & (•pagoL'Ue osp3 St uotsran uea[o d) -saguega pasodoid aqa emotes of pautp4oe(q [asmoo JOjfS Xq pamdaxd ydf atp3o lvrp poldope aql s.' pauaul V •antloaga amooaq of li xoj luatupuaure mp anosdde lsnux aogoIndod ,(luno atp jo %SS lmi it, 8uuuasaidax satouaftr .taquzaut loia agjo ang ms 21 To spioem xaglo uY -luaurpaatue aqz sanordde oouetn j jo luaanseda(j ,oFuoj!lvo aEUjo saluagisa aoslelndod )sale[ atp uodn poseq `AunoD a nbeof tws aorle[n atp o °/aSS lsga[ le �luasa� ax satauaae xagtuatu arp o r o btu e rage popuaure paxaptsuoa aq llyr, ydf Qq.L V09 -3e s,preog *ql anosdde of satoua& xaqutaai )OOf S aql ioj sx ss000sd wotuptome ddf atll 8mzrfeug of dols lxau aq L •luacapuame aql;o uogdope puourmooax of 81 =gmanoK uo (0-£) palon,(jsnoumreun aQU MOD anrinaax3 aqs •(luasge uodrg `O -L) aotldope 8utpaaunuooar Alsnom mun mg i xagcuanoN ao oam2upl luampuame oql panmatnax aall[artuoD aoasa J V luaurafemjN OEU •ostuioxdww lueoUpA!s pao aqj ae put, uogngo8aa `uorleragirap `uotssnostp jo stpuom 8ttrnnotloi (luasge and a pae tpoZ moxa sangeluasaxdax gl�nn 0-9 �truonj dnorO �urxroAk aouBatanoO aql jo uotlepu3murooar,v8Z Yagol30 agl Mdaoae pxeog alp `Salop os tq-uoq*%S jo kqj alp pue sxoswadnS 3o pmog f4uno0 umboo f ues aql uio g gouo aero -Mog otp uo sxogwaca ft?loA p uouIppe oeml 2u4ta13 (d&f) luauraaJSy sxaxwd lu!of Papaam= uE paldope (0-L) Xlsnoaztueun pmog acLL-lo[leq 90OZ ragtaanoM oql uo N a mopq;o jamaaax agl Sutneq of pear oql uo dols luec2 a ijool srolo -qa jo PigoS (90jfS) %laamtuanoC) Jo gaunoa umbeof uuS agl `5ooZ `8'q=32Q uO SOoV gZ.1-Nmxou `x000gol!H 109eyg =Q L ?Z96 VJ C4)Oq 900£ XOg 'O'd qwl jo Alts xoA,RW `xoo gngj umS ;yd P 40j-��r, U,,c.:oli,i�� _«)!sass . 1na:d IV Oga.n .a -CC , O'l 4 10 i" LI:, aaJ!:,r�y e�asww: vo��-aria %�-r 0_ ._. W0 (3-4 Md -K NI -A b d� ©0� BI�IFF� d•,�r��\I��J� UH 00 SOoV gZ.1-Nmxou `x000gol!H 109eyg =Q L ?Z96 VJ C4)Oq 900£ XOg 'O'd qwl jo Alts xoA,RW `xoo gngj umS ;yd P 40j-��r, U,,c.:oli,i�� _«)!sass . 1na:d IV Oga.n .a -CC , O'l 4 10 i" LI:, aaJ!:,r�y e�asww: vo��-aria Sma HA dock, Mayor Dw mba 15, 2005 fte2 Stockton City Council and the County Board of Supervisors. Further, Section 4 changes the number ofinembers present to establish a quorum as seven (7). Other changes include: • Standardizing the acronym for the Council of Governments as SJCOG • Standardizing the capitalization of "City", "Cities" and "County" • Removing the term "member" in reference to the cities so that member solely means a member of the Board of Directors. "Party" now refers to the member agencies or the cities and the county • Updating statute citations • Numbering secti=, providing titles and updating some language Once the threshold is achieved, the JPA is considered ratified, therefore, I an requesting this matter be placed on your agenda as soon as possible. SJCOG staff is prepared to attend the meeting at which you take action to answer any questions your policy makers might have. Please contact Steve Dial, SJCOG Director of Administration/CFO with any questions you might have and with the date and time of your meeting. Thank you for assisting in reaching settlement of this very important issue for the region. Sincerely, GARY L. SKIN Chair, San Joaquin Council of Governments Cc: SJCOG Board of Directors County Administrator and City Managers i , AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS THIS AGREEMENT is entered into as of ,2006,by and between the incorporated cities of Escalon, Manteca, Lathrop, Lodi, Ripon, Stockton, and Tracy, all municipal corporations and the County of San Joaquin, a political subdivision of the State of California. The municipal corporations are sometimes referred to individually as "City" and collectively as "Cities." The County of San Joaquin is sometimes referred to as "County." The Cities and County are sometimes referred to individually as a "Party" and collectively as "Parties." WITNESSETH: 1. RECITALS. 1.1. Common Power. Chapter 5 of Division 7 of Title I (co ting with Section 6500) of the California Government Code authorizes two (2) or more public agencies to j ointly exercise any power common to them. 1.2. Common AuthoritX. The City of Stockton, by virtue of its charter and the Cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Tracy, and the Cou ty of San Joaquin, by virtue of California Government Code Section 65600 through 65604, inclusive, possess in common the authority: 1.2.1. To study, discuss, and develop solutions to area -wide probleMS of direct tiVllGm to the rfonnance of their constitutional and statutory functions and to establish as area planning organization and expend public funds for these purposes. 1.2.2. To do all acts necessary to participate in federal programs and receive federal funds for health, education, welfare, public works, and community improvement activities, including contracting and cooperating with other agencies. 1.3. Orderly Development. The people residing within the incorporated and unincorporated areas of San Joaquin County have an interest in the orderly development of their communities. 1.4. Independent Agency. The continued growth and extensive development within the incorporated and unincorporated areas of Sar,. Joaquin County 396044.4 N evidenced a need to create a wholly independent regional agency capable of dealing with are a -wide issues and problems. 1.5. Predecessor. The foregoing need led to the creation and establishment of the SAN JOAQUIN COUNCIL OF GOVERNMENTS on July I, 1970. 1.6. Effie-rts. The establishment of SAN JOAQUIN COUNCIL OF GOVERNMENTS (hereinafter referred to as "SJCOG") has: 1.6.1. Provided a forum to study and develop solutions to area - wide problems of mutual concern to the various governmental entities in San Joaquin County. 1.6.2. Provided efficiency and economy in governmental operations through the cooperation of member governments and the pooling of common resources. 1.6.3. Provided for the establishment of an agency responsible for identifying, planning, and developing solutions to regional problems requiring multijurisdictional cooperation. 1.6.4. Provided for the establishment of an agency capable of developing regional plans and policies and performing area -wide planning duties. 1.6.5. Facilitated cooperation among and agreement between local governmental bodies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to its members. 1.7. Amendment. no Cities ofEscaion, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy and the County of San Joaquin, at this time, desire to amend that certainjoint powers agreement of March 1, 1991, as subsequently amended on December 7,2000, and enter into this Amended and Restated Agreement in order to establish the duties and powers of the SA N JOAQUIN COUNCIL OF GOVERNMENTS. 1.8. Transportation Authority. The County designated the SAN JOAQUIN COUNCIL OF GOVERNMENTS as the San Joaquin County Transportation Authority. '%ofA"_A 2 NOW, THEREFORE, it is mutually agreed as follows: 2. STATEMENT OF PURPOSE The member Cities and the County have j oined together to establish SJCOG for the following reasons: 2.1. Area -Wide Opportunities. A number of opportunities and issues within the area are either area -wide in nature or have area -wide aspects or implications, including, but not limited to transportation, air quality, land use, economic development, j ob creation, and the reduction of unemployment, the protection of agricultural productivity, and multi -species habitat management issues. 2.2. Need. There is a demonstrated need for the establishment of an organization of the Cities and the County within the area to provide a forum for study and development of recommendations to area -wide problems of mutual interest and concern to the Cities and the County and to facilitate the development of policies and action recommendations for the solution of problems. 2.3. Independent Review. The Cities and the County wish to create an area -wide organization which will independently review and make comments to the member Cities and the County regarding projects which receive federal or state funding. 2.4. Elected Officials. The Cities and the Countybelieve that an area - wide planning organization, governed solely by elected officials from the Cities and the County, with a staff independent of any City or the County, is best suited for area -wide planning and review. 2.5. Area -Wide Problems. The Cities and the County, working together through this organization, can exercise initiative, leadership, and responsibility for solving area -wide problems. 2.6. Allocation of Resources. The Cities and the County share common area -wide problems and issues, and at the same time, have different needs and priorities and are affected indifferent ways by these common area -wide problems and issues. The resources of SJCOG should be allocated in a manner so that the needs of any portion of the area are not ignored, recognizing, however, that resources are limited and that not all needs can be met, nor all portions of the area assisted equally at any one time. 6 RVATM01 W11• 3.1. Continued Public Entity. Upon the effective date of this Agreement, the Parties hereto hereby continue the SAN 3OAQUIN COUNCIL OF 3 aoFnaa.a GOVERNMENTS, as a public entity separate and distinct from the Parties, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute this Agreement. 3.2. Functions. SJCOG is the successor entity to the Council Of Governments established in 1970, insofar as its predecessor entity has been designated, and insofar as legally authorized, it shall continue to function as: 3.2.1. The Area -wide Planning Organization (APO) as designated by the U.S.Department of Housing and Urban Development (HUD). 3.2.2. The Metropolitan Planning Organization (WO) as designated by the U.S. Department of Transportation; pursuant to Title 23 of United States Code, Section 134 (23 USC 134) and Title 49 of the United States Code, Section 5303(b)(2). 3.2.3. The Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California; pursuant to California Government Code Sections 65080, et seq. 3.2.4. The Airport Land Use Commission (AL,UC) as designated by the Board of Supervisors of the County of San Joaquin and recognized by the State of California; pursuant to California Public Utilities Code, Section 21670(b). 3.2.5. The regional planning representative, as designated by the Parties hereto, for the purpose of acting upon any appropriate proposals which may be presented to the SJCOG Board of Directors for consideration, or which the SJCOG Board Zf Directors may eieci to Federal, State, and local agencies, including,but not limited to the member entities of SJCOG. 326, The San Joaquin County Transportation Authority as designated by the Board of Supervisors of San Joaquin Countypursuant to Section 180000 of the CaliforniaPublic Utilities Code. 3.2.7. The Census Data Center as designated by the Bureau of the census. 3.2.8. The Congestion Management Agency for San Joaquin County pursuant to California Government Code Sections 65088 and 65089 and Title 23 of the United States Code Section 134. 3.2.9. The Federal Clearinghouse to review federal grant applications under Section 6506 of Title 23 of the United States Code Annotated. 4 Ins A" 4. COOPERATION The Parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the SJCOG Board or any committee or subcommittee thereof, which members shall act for and on behalf of their Cities or the County in any and all matters which shall come before SJCOG, subject to anynecessary and legal approvals of their acts by the legislativebodi es of the Cities and the County. 5. MEMBERSHIP 5.1. Board. SJCOG shall be governedby a Board of Dir tors, hemin referred to as the SJCOG Board, which shall be comprised of - 5. 1. 1. f: 5.1.1. One (1) member from each of the City Councils of Escalon, Lathrop, Lodi, Manteca, Ripon, and Tracy(witb the Mayor an eligible member). 5.1.2. Three (3) members from the Stockton City Council (with the Mayor an eligible member). 5,1.3. Three (3) members of the Board of Supervisorsof the County of San Joaquin. 5.1.4. Ex -officio non-voting members acting in an advisory capacity shall be: 5.1.4.1. The District Director from the State Department o.fTransportation, District X. 5.1,4,2. A member of the San Joaquin Regional Transit District Board of Directors. 5.1.4.3. A member of the Stockton Port District Board of Commissioners. 5.2. Amointment. Members shall be appointedby the governing body of each Party and shall serve at the pleasure of their appointing body or until their respective successors are appointed. Termination of a Party's mayor, councilperson, or supervisor status shall constitute automatic tt=ination of that person's membership on the SJCOG Board. The appointing body of a Party may appoint a new n*nber or alternate immediatelyupon any vacancy in the Party's representation. W 5.3. Alternates. The governing body of each Party shall appoint alternate members to the SJCOG Board. During the absence of a regular rnent er from any meeting of the SJCOG Board, the alternate shall be entitled to participate in all respects as a regular member of the SJCOG Board. All members and alternates shall be duly elected representatives of their respective City Councils or Board of Supervisors. 5.4. Qiwram. A quorm for conducting all matters of business shall be seven (7) members. The affirmative vote of a least a majority of the quorum present shall be required for the approval of any matter. 5.5. Rules. The SJCOG Board shall adopt rules of procedure and shall establish a time and place for regular SJCOG meetings. At any ne: '-' g the SJCOG Board may consider matters it deems proper for carrying out the purposes oft h is Agreement, subject to the provisions of California Government Code Section 54950 et seq. 5.6. Executive Committee. An Executive Committee shall be constituted from among the representatives of the Parties. The Executive Committee shall consist of five (5) members of the SJCOG Board elected by the SJCOG Board. On e (1) member of the SJCOG Board shall be elected by the SJCOG Board to serve as the alternate member of the Executive Core mi tt ee. During the absence of a regular member from any meeting of the Executive Committee, the alternate shall be entitled to participate in all respects as a regular member of the Executive Committee. The Chairperson of SJCOG shall be the Chairperson of the Executive Committee and shall serve on it as the representative of his/her jurisdiction. The Executive Committee shall have powers as are not inconsistent with this Agreement and as delegated to it by the SJCOG By-laws or the SJCOG Board. 5.7. Bylaws. The Bylaws of the SJCOG shall be those adopted following the adoption of this Amended and Restated Agreement by the SJCOG Board, and may thereafterbe amended from time to time by the SJCOG Board. 6. POWERS AND FUNCTIONS 6.1. Specific Functions. SJCOG shall have the common power of the Mies hereto to establish, administer and operate area -wide programs, and in the exercise of that power, SJCOG is authorized in its own name to: officer of the agency. professional services. 6.1.'1. Employ an executive director as the chief administrative 6.1.2. Employ agencies and employees and contract for 6.1.3. Make and enter into contracts. 6 ' Ak^AA A 6.1.4. Operatetransporta#ion and other services and facilities. 6.1.5. Undertake the planning, design and environmental clearance of transportation and other projects. 6.1.6. Cooperate With other agencies, counties and other local public agencies and participate injoint projects as necessary. 6.1.7. Acquire, hold, and convey real and personal property. 6.1.8. Incur debts, obligations, and liabilities. 6.1.9. Accept contributions, grants, or loans from anypublic or private agency or individual, or the United States or any department, instnmentality, or agency thereof,forthe purpose of financing its activities. 6.1.10. Invest money that is not needed for immediate necessities, as the Board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with Section 53601 of the California Government Code. 6.1.11. Have appointed board members and ex -officio board members serve with or without compensation from the SMOG. -6.1,12. Sue and be sued, in its own name only, but not in the name or stead of any member entity. 6.1.13. hilae loans to Parties for projects approved by the SJCOG Board on terms, and interest rates, and with security, as may be established by the SJCOG Board. 6.1.14. To operate, either directly by S= employees, or by independent contractors, programs approved by the SJCOG Board, such as, but not limited to, ridesharing programs, freeway service patrol programs, and habitat conservationprograms, including the maintenance and operation of habitat conservation lands. 6,1.15. To provide services, including operational services, outside San Joaquin County, if fully compensated for the services, or in cooperative projects involving other public agencies. 6.1.1'6. To do all other acts reasonable and necessary to carry out the purpose of this Agreement. 7 6.2. Limitation. The powers to be exercised by SJCOG are subject to the restrictions upon the manner of exercising the powers as ars imposed upon the County of San Joaquin in the exercise of similar powers. 6.3. Funds. SJCOG shall be held strictly accountable for all Funds received, held and disbursed by it. 7. EXECUTIVE DIRECTOR 7.1. Powers and Duties. The executive director shall be selected by, and shall serve at the pleasure of and upon the terms prescribed by the SJCOG Board. The powers and duties of the executive director are: 7.1.1. To serve as the chief administrative officer of SJCOG and to be responsible to the SJCOG Board for the proper administration of all SJCOG affairs. 7.1.2. To appoint, supervise, suspend, discipline or remove SJCOG employees subject to those policies and procedures, from time to time, adopted by the SJCOG Board. 7.1.3. To supervise and direct the preparation of annual budget for the SJCOG and be responsible for its administration after adoption by the SJCOG Board. _ 7.1.4. To formulate and present to the SMOG Board plans for sJCOG's activities and tiie meansTo- f ffiance -th-eM. 7.1.5. To supervise the plamung and irnplemetl(Af= of all SJCOG's activities. 7.1.6. To attend all meetings of the SJCOG Board and act as the secretary to the SJCOG Board. 7.1.7. To prepare and submit to the SJCOG Board periodic financial reports and, as soon as practicable after the end of each fiscal year, an annual report of the activities of SJCOG for the preceding year. 7.1.8. To have custody and charge of all SJCOG property other than money and securities. 8 7.1.9. Toperforrn other duties as the SJ COO Board may require in carrying out the policies and directives of the SJCOG Board. 8. FINANCING 8.1. Fiscal Year. The SJCOG fiscal year shall be July 1 through June SO. 8.2. Annual Bud.pzet. On orbefore April 1st, the SJCOG shall adopt a budget for the ensuing fiscal year to commence on July 1, and shall submit the same for ratification to the governing body of each Party. Upon ratification of the proposed budget of the legislative bodies of the Parties, and representing at least 55% of the population within the County, the budget shall serve as the approved budget for the fiscal year in carrying out the tasks within the approved work program for the year. Any amendments to the budget shall be approved by the SJCOG Board. 8.3. Sunnort by Parties. Any Party to this Agreement, in the exercise of the reasonable discretion of its governing body, may, upon mutual consent of the Parti es, provide support for the SJCOG, its staff, and its professional consultants, including providing the quarters, j anitorial services and maintenance, supplies, printing and duplication, postage, telephone services, transportation services, and professional and technical assistance as may be necessary to enable SJCOG to perform its responsibilities. All assistance shall be provided on an at -cost basis. 8.4. Eminent Domain and Taxes. Under no circumstances shall the SJCOG be empowered to exercise the right of eminent domain nor to levy taKces except as provided in Section 8.5 below. SJCOG shall apply for available State or Federal support funds, and shall make new and additional applications from time to time as appropriate. If deemed necessary, the SJCOG Board may also establish and collect filing and processing fees in connection with matters to be considered by it. 8.5. Measure K. In its role as the San Joaquin County Transportation Authority, SJCOG shall be empowered to levy and expend tax revenues authorized in San Joaquin County Transportation Authority Ordinance491-01 and approved as Measure K on November 6,1990 by the voters of San Joaquin County. This empowerment shall exist so long as San Joaquin County Transportation Authority Ordinance 091-01 is in effect and shall terminate when all San Joaquin County Transportation Authority Ordinance #91-01 taxes have been levied and expended. 9. TREASURER 9.1. Treasurer of County. The Treasurer of the County of San Joaquin shall be the Treasurer of SJCOG. 9.2. Duties. Tle, Treasurershall: 9 'k4(,n"-4 9.2,1. Receive and receipt all money of SJCOG and place it in the treasury of San Joaquin County to the credit of SJCOG. 9.2.2. Be responsible upon his official bond for the safekeeping and disbursement of all SJCOG money held by the Treasurer. 9,2.3. Pay any sums due from SJCOG, from MOG's funds held by the Treasurer or any portion thereof, upon warrants of the SJCOG controller designated herein. 9.2.4. Verify and report in writing ae soon as possible after the firstday of July, October, January, and April of each year to SJCOG the amounts of monies the Treasurer holds for SJCOG, the amount of receipts since the Treasurer's last report, and any interest accrued to those funds. 9.3. Reimbursement. SJCOG shall reimburse the County of San Joaquin for the cost of services provided by the County Treasurer to SJCOG upon an at -cost basis. 10. CONTROLLER 10.1. Auditor of County. The Auditor -Controller of the County of San Joaquin shall be the controller for the SJCOG. 10.2. Warrants. The Controller shall draw warrants to pay demands against SJCOG when the demands have been approved by the SJCOG Board and/or the SJCOG Executive Director. The Controller shall be responsible on the Controller's official bond for the Controller's approval of disbursement of SJCOG money. 10.3. Records. The Controller shall keep and maintain records and books of account on the basis of generally accepted accounting practices. The books of account shall include records of assets, liabilities, and contributions made by each Party to this Agreement. 10.4. Audit. The Controller shall make available all financial records of SJCOG to a certified public accountant or public accountant contracted by SJCOG to make an annual audit of the accounts and records of SJCOG. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. 10 -AAA A 10.5. Reimbursement. SJCOG shall reimburse the County for the cost of services provided by the County Auditor -Controller to SJCOG upon an at -cost basis. 11. BOND REQUIREMENTS The executive director and other employees of SJCOG as may be designated by the SJCOG Board, shall file with SJCOG an official fidelity bond in apenal sum determined by the Board as security for the safekeeping of SJCOG property entrusted to the employee. Premiums for the bonds shall be paid by SJCOG. 12. PARTIES' T IAB31 TTY The debts, liabilities, and obligations of SJCOG shall not be debts, liabilities or obligations of the Parti es to this Agreement either singly or collectively. 13. ASSIGNABILITY With the approval of, and upon the terms agreed upon by, the governing body of each Party to this Agreement, all or any of the rights and property subject to this Agreement may be assigned to furdierthe purpose of this Agreement. Provided, however, no right or property of SJCOG shall be assigned without compliance with all conditions imposed by any state or federal entity from which SJCOG has received financial assistance. 14. WITHDRAWAL OF A PARTY 14.1. Withdrawal Procedure. A Rei to this Agreement may, at any time, withdraw from SJCOG, following 90 days notice to SJCOG and ail other Parties of SJCOG, by resolution of intent to withdraw adopted by the governing board of the withdrawing Party. 14.2. Obligations. Upon the effective date of the withdrawal the Party shall cease to be bound by this Agreement, but shall confMUO t8 provide f11Ja1lCial Support through the approved percentage of planning funds provided COG, as Transportation Planning Agency under the provisions of Section 99233.2 of the Transportation Development Act. SJCOG assets representing any accumulated capital contribution of the withdrawing Party shall remain subject to SJCOG control, depreciation and use without compensation to the withdrawing Party until termination of this Agreement and distribution of SJCOG assets. 15. TERMINATIONAND DISSOLUTION 15.1. No Specific Term. This Agreement shall continue in force without specific term. 11 :oFnaQ.a 15.2. Disestablishment. If, at anytime, those Cities and County which are members of SJCOG contain less than 55% of the population residing within the area of San Joaquin County, based upon the latest available population estimatesby the California Department of Finance, and there are less than a majority of local governments remaining as Parties of SJCOG, SJCOG shall be deemed disestablished and this Agreement shall cease to be operative except for the purpose of payment of any existing obligations. 15.3. Distribution. If this Agreement is terminated, all real and personal property owned by SJCOG shall be distributed to the Federal, State, or local funding agency or Party to this Agreement that supplied the property or whose funding provided for the acquisition of the property unless other distribution is provided by law, Should the origin of any real or personal property be undeterminable, that property shall be disbursed to the Parties to t is Agreement in proportion to the size of the jurisdiction as delineated in the latest California Department of Finance estimate of population. This Agreement shall not terminate until all property has been distributed in accordance with t h i s provision. 16. RETURN OF SURPLUS FUNDS Upon termination of this Agreement, any surplus money on hand shall be returned to the Federal, State, or local agency or the Party to thisAgreement that provided the funds. 17. ADDITIONAL MEMBERS In addition to the Cities identified in this Agreement, any city within S an Joaquin County which may hereafter be incorporated and which desires to participate in the activities of SJCOG may do so by executing this Agreement without the prior approval or jatif ration of the named Parties to this Agreement and shall thereafter be a Party to this Agreement and be bound by all terms and conditions of Ls Agn"Y6 5f as Of the date 1t executes this Agreement. 18. SUCCESSORS This Agreement shall be binding upon and shall inure to the benefit of any successorsto or assigns of the Parties. 19. SEVERABILITY Should anypart, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shallbe deemed severable and shall not be affected thereby, provided the 12 396044-4 remaining portions or provisions can be construed in substanceto constitute the Agreement which the Parties intended to enter into in the first instance. 20. AMENDMENTS This Agreement may be amended omly after Parties who represent both a majority of the Parties and at least 55% of the population of San Joaquin Cb nty, based upon the latest population estimates of the CaliforniaDepartment of Finance, approve the amendments. 21. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when executed will be deemed to be an original and all of which, taken together, Will be deemed to be one and the same instrument. 22. TITLES AND HEADING. The Section titles and the heading of this Agreement are for conveni ence only and shall not be used in interpreting this Agreement. 23. EFFECTIVE DATE OF AGREEMENT This Amended and Restated Agreement shall become effective when the majority of the Cities and County representing more than 55% of the population of the Cbunty based upon the latest populationestimates of the California Department of Finance, sign this Agreement. The population of the County for this purpose is the population of the unincorporated area. III Ill IN WITNESS WHEREOF, the Parti es hereto have caused this Agreement to be executed by their respective offices as of APPROVED AS TO FORM By. Title: MAYOR ATTEST: CITY OF ESCALON City Clerk 13 'ncMA-A APPROVED AS TO FORM: By: Title: ATTEST: City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clak MAYOR CITY OF LATHROP MAYOR CITY OF LODI Sonahm Continued on Next Page *** APPROVED AS TO FORM: By: Title: ATTEST: City Clerk 14 396044-S MAYOR CITY OF MANTECA APPROVED AS TO FORM: By Title: MAYOR ATTEST: CITY OF RIPON City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clerk 15 396044-4 MAYOR CITY OF STOCKTON MAYOR CITY OF TRACY CHAMMAN SAN JOAQUIN COUNTY Amended March I, 1991 Amended Deamber 7,2000 Amended 12006 16 39604411 JOINT POWERS AGREEMENT ESTABLISHING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS T H I S AGREEMENT is entered into as of the , 2L_ by and am between the incorporated cities of Escalon, Manteca, Lathrop, Lodi, Ripon, Stockton, and Tracy, all municipal corporations and the County of San Joaquin, a political subdivision of the State of Califomia ' collectively as "Parties." WITNESSETH: WHEREAS, Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two (2) or more public agencies to j ointly exercise any power common to them; and WHEREAS, the City of Stockton, by virtue of its charter and the cities of Escalon, Lathrop, Lodi, ?,Manteca, Ripon, Tracy, and the County of San Joaquin, by vhlue of California Government Code Section 65600 throe 65604, inclusive, possess in common the authority: a) To study, discuss, and develop solutions to area -wide problems of direct concern to the performance of their constitutional and statutory fuxticns and to establish an area planning organization and expend public funds for these Pun*seS; b) To do all acts necessary to participate in federalprograms and reoeive federal funds fx health, education, welfare, public works, and community improvement activities, including contracting and cooperating with other agencies; and WHEREAS, the people residing within the incorporated and unincorporated areas of San Joaquin County have an interest in the orderly development of their communities; and WHEREAS, the continued growth and extensive development within the incorporated and unincorporated areas of San Joaquin County evidenced a need to create a wholly independent regional agency capable of dealing with area -wide issues and problems; and 2 396164-1 WHEREAS, this need led to the creation and establishment of the SAN JOAQUIN COUNCIL OF GOVERNMENTS on July 1,1970; and WHEREAS, the establishment of SAN JOAQUIN GO ('0VT.R_N7YfF YTS (hereinafterreferred to as'V0G!:5&QVL"has: a Provided a forum to study and develop solutions to area -wide problems of mutual concern to the various governmental entities in San Joaquin county; b) Provided efficiency and economy in governmental operations through the cooperate on of member governments and the pooling of common C) Provided for the establishment of an agency responsible for identifying, planning, and developing solutions to regional problems requiring multijurisdictional cooperation; d) Provided for the establishment of an agency capable of developing regional plans and policies and performing area -wide planning duties; e) Facilitated cooperation among and agreement between local governmental bodies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to its members; and WHEREAS, the cities ofEscalon, Lathrop, Lodi, Manteca, Ripon; Stockton, and Tracy and the Qgj& of San Joaquin, at this time, desire to amend that awn j oint powers agreement of March l , 1991, as subsequently amended ga December 7. 2000, and enter into this Amended and Restated Agreement in order to establish the duties and powers of the SAN JOAQUIN COUNCIL OF GOVERNMENTS; WHEREAS,the County 4 9fM j0atia designated the SAN JOAQM GOUNPI COUNCIL OF GOVERNMENTS as the San Joaquin County Transportation Authority; NOW, THEREFORE, it is mutually agreed as follows: The member citiesti' and the County have joined together to establish �4e Eeumil SJUM, for the following reasons: a) A number of opportunities and issues within the area are either area -wide in nature or have area -wide aspects or implications, including, but not limited to transportation, airquality, land use, economic 3 396164-1 development, job creation, and the reduction ofunemployment, the protection of agricultural productivity, and multi -species habitat management issues. b) There is a demonstrated need for the establishment of an organization of eities Cifirms and the County within the area provide a forum for study and development of recommendations to area -wide problems of mutual interest and concern to the eifies Citica and the County and to facilitate the development of policies and action recommendations for the solution of such problems. c) The mmbey: e and the County wish to create an area - wide organization which will independently review and make comments to the member cities and the County regarding projects which receive federal or state funding. d) The mess its Qft and the County believe that an area -wide planning organization, governed solely by elected officials from the e-- bff r:ties Cilia and the County, with a staff independent of any or the County, is best suited for this area -wide planning and review. e) Member..kies Citi and the County, working tasAff through this organization, can exercise initiative, leadership, and responsibility for solvirq area -wide problems. f) "'"nAw Mies The itiec and the County share common area - wide problems and issues, and at the same time, have different needs and priorities and are affected in different ways by these common area -wide problems and issues. The resources ofthe -Gouseil should be allocated in such a manner so that the needs of any portion of the area are not 1gnoied MOOT&#, however, that resources are limited and that not all needs can be met, nor all portions of the area assisted equally at any one time. 2. ESTABLISHMENT CF SdCOG Upon the effective date of this Agreement, the pw6es ESUIM hereto hereby cantinne the SAN JOAQUIN COUNCIL OF GOVERNMENTS, as a public entity separate and distinct from its member entities, as the agent to exercise the cornmon powers provided for in this Agreement and to administer or otherwise execute this Agreement. SJCOG is the successor entity to the Council Of Governments established in 1970, insofar as its predecessor entity has been designated, and insofar as l€gally authorized, shall continue to function as: 4 396!64-1 VThe Area -wide Planning Organization (APO) as designated by the .S. The of Housing and Urban Development (HUD); b) The Metropolitan PLmr&q Organization (MPO) as designatedby the U.S. Department of Transportation; pursuant to Title 23 of United States Code, Section 134 (23 USC 134) and Title 49 of IM United States Code, Section c) The Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and TransportationAgency of the State of California; pursuant to California Government Code Sections 65080,et seq.; d) The Airport Laid Use Commission (ALUC) as designatedby the Board of Supervisors of the County of San Joaquin and recognized by the State of California; pursuant to California Public Utilities Code, Section 21 fiZQW; e The regional planning representative, as designatedby the parties hereto, for the purpose of acting upon any appropriate proposals which maybe presented to the 54G Board of Directors for consideration, or which the Board of Directors may elect to take up, and for transmission of proposed recommendations to Federal, State, and local agencies, including, but not limited to the member entities of SAN jOAQUIN GOG SJ-C.QG . fl The San Joaquin County Transportation Authority as designated by the Board ofthe-Bewd of Supervisors of Sari Joaquin County uursunntlo Section 180000 of the California Public Utilities Code; g) The Census Data Center as designated by the Bureau of the census; h) The Congestion Management Agency for San Joaquin County pursuant to California Government Code Sections 65088 and 65089 and Title 23 of the United States Code Section 134; i) The Federal Clearinghouseto review federal grant applications . Under Section 6506 of 3. COOPERATION The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of tk SJCOG Board 5 3961644 or any committee or subcommitteethereof, which members shall act for and on behalf of their cities or the County in any and all matters which shall come before the 8 JOAQUN SJCOG, subject to any necessary and legal approvals of their acts by the legislative bodies of the cities and the County. 4. MEMBERSHIP SAN jOAQUN COG UCQG shall be governed by a Board of Directors, hereinafter referred to as the COG SJCO Board, which shall be comprised of. a) One (l) member from each of the city councils of EscaJ on, Lathrop, Lodi, Manteca, Ripon., and Tracy (with the Mayor aad ate eligible member); b Two (2) Tl� ger members from the Stockton City Council (with the Mayor an eligible member); c :PWa-(2}Thi members of the Board of Supervisors of the County of San Joaquin; and d) Ex -officio non-voting members acting in an advisory capacity shall be: 1 } T he District Director from the State Department of 'lti"- -1, District X; 2) A member of the San Joaquin Regional Transit District Board of Directors; and 3) A member of the StocktonPort District Board of CaRnissioners : and Members shall be appointed by the governing body of each PGAY X= and shall serve at the pleasure of their appointing body or until their respective successors are appointed. Termination of a ms's Exl:U's mayor, councilperson, or supervisor stab shall constitute automatic termination of that person's membership on the GGG S Board. The appointing body of a PaAY Egdl may appoint a riew member or alterftwv alternate immediately upon the occurring of any vacancy in that pates P211v'3 representation. The governing body of each pafty X= shall appoint alternate members to the q -GQ SJCOG Board. During the absence of a regular member from any meeting of the GOG S.T nBoard, the alternate shall be entitled to participate in all respects as a regular member of the C49G SJ Board. All members and alternates shall be duly elected representatives of their respective city councils or Board of Supervisors. 6 396164-1 A quorum for conducting all matters of business shall be sim{6) seven members. The affirmarive vote of a least a majority of the quorum present shall be required for the approval of any matter. The GOG &ICM Board shall adopt rules of procedure and shall establish a time and place for regular SAN JQAQIAN GO SJCOG meetings. At any meeting the E49 Board may consider such matters as its jJ deems proper for carrying out the purposes of this Agreement, subject to the provisions of California Government Code Section 54950 et seq. An Executive Committee shall be constituted from among the representatives of the Pte. The Executive Committee shall consist of five (5) members of the GO@ SI COG Board elected by the GGG SJ C O G Board. One(]) member of the Q-9JQ SJCA)G Board shall be elected by the COG r Board to serve as the alternate member of the Executive GbmYLtt m. During the absence of a regular member from any meeting of the Executive Committee, the alternate shall be entitled to parti cipate in all respects as a regular member of the Executive Committee. The QmYpasn of GOG SJCOG shall be the Chairperson of the Executive Committee and shall serve on it as the representative of his/her jurisdiction. The Executive Camcdtbae shall have such powers as are not inconsistent with this Agreement and as delegated to it by the SAN JOAQUN GGG §&QJi By-laws or the C$49 5LQW Board. TheBy-lawsoftheSANJOAQUNGO U C O G shall be those adopted followingthe adoption of this Amended sad R -es tsted Agreement by the Board, and may thereafter be amended from time to time by the GGG SJCOG Board. 5. POWERS AND FUNCTIONS SANJOAQUPI MOM shall have the common power of the parties hereto to establish administer and operate area -wide programs, and in the exercise of that power, SAN WAQUN GQG SJCO is authorized in its own name to: a Employ an executive director as the chief administrative officer of the agency; b) Employ agencies and employees and contract for professional services; C) Make and enter into contracts; d) Operate transportation and other services and facilities; e) Undertake the planning, design and environmental clearance of transportation and other projects; 7 396164-1 f) Cooperate with other agencies, counties and other local public agencies and participate in j oint projects as necessary; g) Acquire, hold, and convey real and personal property; h) Incur debts. obligations, and liabilities; i) Accept contributions, cants, or loans from any public or private agency or individual, or the United States or any department., instrumentality, or agency thereof, for the purpose of financing its activities; j ) Invest money that is not needed for immediate necessities, as the Council determines advisable, in the same manner and upon the same conditions as other local entities in accordance with Section 53601 of the Cal i forni a Government Code: k) Have appointed members and ex -off ci o members serve with or without compensation from the SAN jOAQUN COG SJQOG; 1) Sue and be sued, in its own name only, but not in the name or stead caf any member entity; m) Make loans to mew P2rfin for projects approved by the GGQ Board on terms, and interest rates, and with such security, as may be established by the GOG &MOG Board; n) To operate, either directly by SAN JOAQUN employees, or by independent contractors, programs approved by the C4�9 Board, such as, but not 1 i i t e d to, ri desharing programs, freeway service patrol programs, and habitat conservation programs, including the maintenance and operation of habitat conservation lands, o) To provide services, including operational services, outside San Joaquin , if fully compensated for such serviees, or in cooperative projects involving other public agencies; and P) To do all other acts reasonable and necessary to carry out the purpose of this Agreement. The powers to be exercised by the are subject to the restrictions upon the manner of exercising such powers as are imposed upon the County of San Joaquin in the exercise of similar powers. SAN jOAQUN COG SJC O shall be held strictly accountable for all funds received, held and disbursed by it. 8 3961641 The executive director shall be selectedby, and shall serve at the pleasure of and upon the terms prescribed by the C -49J, CLQ Board. The powers and duties of the executive A are: a) To serve as the chief administrative officer of SAN JOAQb4N GAG MML and to be responsible to the GOG S. Board for the proper administration of all SJC O affairs. b) To appoint,supervise, suspend, disciplineorremove SAN JAAQiILCQ-Q employees subject to those policies and procedures, from time to tirre, adopted by the SJCOG Board. To supervise and direct the preparation of the annual budget for the zLr SJCOG and be responsible for its administration after adoption by the COG SJC O Board. d) To formulate and present to the EAG SJ Q4_x Board plans for ' [ 's activities and the means to finite tilen. e) To supervise the plawiing and imp iementation of all &AN COG'sCOG's activities. f) To attend all meetings of the COG SJ C 0 G Board and act as the secretary to the G&G SJC O Board. Vnancial To prepare and submit to the C-949 MCM Board periodic reports and, as soon as practicable after the end of each fiscal year, an annual report of the activities of the SAN jOAQUN GOG S&MG for the preceding year. h) To have custody and charge of all SAN JOAQUN COG KQQ-Q property other than money and securities. i) To perform such other duties as the GPLG V-CQG Board may require in carrying out the policies and directives of the GOG SJ -CD -G Board. 7. FINANCING a) Hscal Year: The SJ COG fiscal year shall be July 1 through June 30. b) Annual Financial Support: On or before April 1 st, the SA# G SJCQshall adopt a budget for the ensuing fiscal year 9 396164-1 to commence on July 1, and shall submit the same for ratificationto the governing body of each Member- eg4wey PZ'. Upon ratification of the proposed budget of the legislative bodies of the Parties, and representing at least 55%of the population within the Cbmty,swh lk budget shall serve as the approved budget for the fiscal year in carrying out the tasks within the approved work program for the year. Any amendments to the budget shall be approved by the SAN S1ca Bosr� Any povy E=a to th is Agreement, in the exercise of the reasonable discretion of its goveming body, may, upon mutual consent of the paf6esEardel, provide support for the SAN JOAQU4N GGG &CQG,. its staff, and its professional consultants, including providing such quarters,janitorial services and maintenance, supplies, printing and duplication, postage, telephone services, transportation services, and such professional and technical assistance as may be necessary to enable SAN JQAQUN GOG JILM to perform its responsibilities. All such assistance shall be provided on an at -cost basis. Under no circumstances shall the SAN JQAQU4N GOG SLCQfi be empowered to exercise the right of eminent domain nor to levy taxes except as provided in Section 7. c) below. SAN j@AQk4N GOG SJC4G shall apply for available State or Fedem, support funds, and shall crake new and additional applications from time to time as appropriate. If deemed necessary, the GSC Board may also establish and collect filing and processing fees in connection with matters to be considered by it. C) In its role as the San Joaquin County Transportation Authority, the shall be empowered to levy and expend tac revenues authorized in San Joaquin County TransportationAuthority Ordinance #91-01 and approved as Measure K on November 6,1990 by the voters of San Joaquin County. This empowerment shall exist so long as San Joaquin County Transportation Authority Ordinance #91-01 is in effect and shall terminate when all San Joaquin County Transportation Authority Cbffrsnce #9 I -01 taxes have been levied and expended. 8. TREASURER a) The Treasurer of the County of San Joaquin shall be the Tyr of SAN jOAQUN COG SJLQE. b) The Treasurer shall: 1) Receive and receipt all money of SAN 'Q Q P" GOO SjCaG andplace it in the treasury of San Joaquin County to the credit of SAN jOAQUIN CG SJCOG. 10 396164-1 2) Be responsible upon his official bond for the safekeeping and disbursement of all SAN jOAQUIN GO %)-COG money held by him/her. 3) Pay any sums due from GM4 AMQUIN COG, fmm SAN GOG's SjCQQjkMLjj0XU funds held by him/her or any portion thereof, upon warrants of the SAN jOAQUPi C .S:ICOcontroller designatedherein. 4) Verify and rgmrt in Writing as soon as possible after the fintday of July, October, January, and April of each year to SAN jQAQUN &TMIG the amounts of monies he/she holds for SAN JOAQUN GGG SIM the amount of receipts since his/ber last report, and any interest accrued to those funds. 5) SAN jQAQUN G KCQ�Q shall reimburse the County of San Joaquin for the cost of services provided by the County Treasurer to SAN jOAQUN COG MCM upon an at -cost basis. 9. CONTROLLER a) The Auditor -Controller of the County of San Joaquin shall be the controller for the SK -0G. b) The Controller shall draw warrants to pay demands against 40 UN SJCO 7 when the demands have been approved by the GGG SLC-QG Board and/or the G&G C.T Executive Director. He/She shall be responsible on his/her official bond for his/her approval of disbursermnt of SAN JQAQL4M GO money. c) The Controller shall keep and maintain records and books of account on the basis of generally accepted accounting practices. The books of account shall include records of assets, liabilities, and contributions made by each party to this Agreement. d) The Controller shall make available all such financial records of Qia to a certified public accountant or public accountant contracted by SAN jQAQUN G SJCQG to make an annual audit of the accounts and records of S ZCOG. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. 11 r e) SAN jOAQIAN G 5J� shall reimburse the County for the cost of services provided by the County Auditor-Controllerto jQAQUW SJ� upon an at -cost basis. 10. BOND REOUIREMENTS The executive director and such other employees of SAN MAQUN SJCOG as may be designated by the C*9CS.J _)G( Bmd, shall file with &AN an official fidelity bond in apenal sum determined by the Council as security for the safekeeping of SAN j@AQUIN G property entrusted to such employee. Premiums for such bonds shall be paid by SAN JQAQUN GAG SKMA. ll. PARTIES'LIABTLITY The debts, liabilities, and obligations of SAN JOAQUIR4 COG &JCOG shall not be debts, liabilities or obligations of the des to this Agreement either singly or collectively. 12. ASSIGNABILITY With the approval of, and upon the terms agreed upon by, tb governing body of each pimly Raft to this Agreement, all or any of the rights and property subject to this Agreement may be assigned to further the purpose of this Agreement. Provided, however, no right or property of SAN jQAQUN G 1�OG shall be assigned without compliancewith all conditions imposed by any state or federal entity from whom -+&AN jQAQUN re'hU SJ QG has received financial assistance. A pffPf Ma to this Agreement may, at any time, withdraw from SJCQG, following 90 days notice to and all other m of SAN jO QUN CC) , by resolution of intent to withdraw adopted by the goveming board of the withdrawing pony . Upon the effective date of such withdrawal such mem shall cease to be bound by this Agreement, but shall continue to provide financial support through the approved percentage of planning funds provided COG, as Transportation Plarr&V Agency under the provisions of Section 99233.2 of the Transportation Development Act. SAN j0AWIN -W SMIG assets representing any accumulated capital contribution of the withdrawing parry shall remain subject to oMtroi, depreciation and use without compensation to the withdrawing pe§#y EM unti I termination of this Agreement and distribution of SKOG assets. :u, 111111 I►:@ 1 1,•► e• • •► 32 i , , a) T h i s Agreement shall continue in force without specific term. b) If, at any time, those e and County which are members of SSCOG contain less than 55* of the population residing within the area of San Joaquin County, based upon the latest available population estimates by the California Department of Finance, and there are less than a majority of local governments remaining as SJCOG. SJCOG shall be deemed disestablished and this Agreement shall cease to be operative except for the purpose of payment of any obligations theretofore incurred. C) If this Agreement is terminated, all real and personal property owned by SAN jOAQUN G shall be distributed to the Federal, Ste, or local funding agency or parry $= to this Agreement that supplied the property or whose funding provided for the acquisition of ft property unless other distribution is provided by law. Should the origin of any real or personal property be undeterminable, that property shall be disbursed to the pailie to this Agreem ent in proportion to the size of the jurisdiction as delineated in the latest California Department of Finance estimate of population. This Agreement shall not terminate until all property has been distributed in accordance with this provision. 15. RETURN OF SURPLUS FUNDS Upon termination of this Agreement, any surplus money on hand shall be retumed to the Federal, State, or local agency or the pen} XgM to this Agreement that provided the fiords. 16. ADDITIONAL MEMBERS In addition to the incorporated cities identified in this Agreement, any city within San Joaquin County which may hereafter be incorporated and which desires to participate in tle activities of &AN jOAQW01 COGS,ICOG may do so by executing this Agreement without the prior approval or ratification of the named pees Eagg to this Agreement and shall thereafter be a paAy E= to this Agreement and be bound by all terms and conditions of this Agreement as of the date it executes this Agreement. This Agreerent shall be binding upon and shall inure to the benefit of any successors to or assigns of the Poties Partia. 18. SEVERABILITY 13 - , , Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of thi United States or the State of California, or otherwise be unenforceable or keffecbmi,the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not he affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instmm. 19. AMENDMENTS This Agreement maybe amended only after nwmbm PWIJ who represent both a majority ofthe EA and at least 55% of the population of San Joaquin Co mty,based upon the latest popul ati on estimates of the California D ep artm ent of Finance, approve the amendments. 20. COUNTERPARTS This Agreement may be executed in any number of counterparts, each cf which when executed will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument. 21. EFFECTNE DATE OF AGREEMENT This A greement shall become effective when the majority of the cities and County representing more than 55% of the population of the Cnnnty based upon the latest population estimates of the California Department of Finance, sign this Agreement. The population of the County for &LA gAraese % the nlIpulation of the unincorpora ted area. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective offices as of: APPROVED AS TO FORM Title: ATTEST: City ask APPROVED AS TO FORM: 14 MAYOR CITY OF £SCALON By: Title: ATTEST: city Clerk APPROVED AS TO FORM: By:— Title: y:_Title: MAYOR CITY OF LATHROP MAYOR ATTEST: CITY OF LODI City Clerk APPROVED AS TO FORM: By:— Title: y:_Title: ATTEST: City Clerk APPROVED AS TO FORM: m 15 MAYOR CITY OF MANTECA Title: ATTEST: City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clerk APPROVED AS TO FORM: By: Title: ATTEST City Clerk APPROVED AS TO FORM: By: Title: ATTEST: City Clerk 16 MAYOR CITY OF RJPON MAYOR CITY OF STOCKTON MAYOR CITY OF TRACY CHAIRMAN SAN JOAQUIN COUNTY Amended March I, 1991 Amended December 7,2000 Anodd ---Ana 17 RESOLUTION NO. 2006- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AMENDMENT TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT, ADDING TWO ADDITIONAL VOTING MEMBERS TO THE BOARD ------------------------------------------------------------------- ------------------------------------------------------------------- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby approve an amendment to the San Joaquin Council of Governments Joint Powers Agreement, adding two additional voting members to the Board, one each from the San Joaquin County Board of Supervisors and the city of Stockton. Dated: February 15, 2006 I hereby certify that Resolution No. 2006- was passed and adopted by the Lodi City Council in a regular meeting held February 15, 2006, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — SUSAN J. BLACKSTON City Clerk 2006- CITY COUNCIL CITY OF LODI SUSAN HITCHCOCK, Mayor ray _.mac BOB JOHNSON, Mayor Pro Tempore JOHNBECKMAN LARRY D. HANSEN PUBLIC WORKS DEPARTMENT JOANNE MOUNCE CITY HALL, 221 WEST PINE STREET/ P.O. BOX 3006 LOOI, CALIFORNIA 95241-1910 TELEPHONE (209) 333-6706 1 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http://www.lodi.gov February 9,2006 Mr. Andrew Chesley, Executive Director San Joaquin Council of Governments 555 E. Weber Avenue Stockton. CA 95202 BLAIR KING, City Manager SUSAN J. BLACKSTON, City Clerk 0. STEPHEN SCHWABAUER. City Attorney RICHARD C. PRIMA, JR., Public Works Director SUBJECT: Adopt Resolution Approving Amendment to San Joaquin Council of Governments Joint Powers Agreement to Add Two Additional Voting Members, One Each from the San Joaquin County Board of Supervisors and the City of Stockton Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, February 15, 2006. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the regular calendar for Council discussion. You are welcome to attend If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi. California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately priorto the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston. City Clerk, at 333-6702. If you have any questions about the item itself, please call me at 333-6759. Richard C. Prima, Jr. Cr- Public Works Director RCP/pmf Enclosure cc: City Clerk