HomeMy WebLinkAboutAgenda Report - August 18, 2010 D-13AGENDA ITEM b'01 05
CITY OF LODI
,. COUNCIL COMMUNICATION
im
AGENDA TITLE: Adopt Resolution Approving Amendments to the San Joaquin Council of
Governments Joint PowersAgreement
MEETING DATE: August 18,2010
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution approving amendments to the San Joaquin Council
of Governments Joint Powers Agreement.
BACKGROUND INFORMATION: At its regularly scheduled meeting of June 24,2010, the San
Joaquin Council of Governments (SJCOG) Board of Directors
adopted Resolution 10-041 approving an amendmentto the Joint
Powers Agreement (JPA). The SJCOG staff report and resolution are attached.
The amendment replaces the San Joaquin County Auditor -Control ler and Treasurer with the SJCOG
Chief Financial Officer except for those activities related to the Transportation DevelopmentAct, which,
by California statute, must remain with the County Auditor-Controllerand Treasurer.
Pursuant to the SJCOG JPA, the agreement may be amended only after parties to the agreement who
represent both a majority of the parties and at least 55 percent of the population of San Joaquin County,
based upon the latest population estimates of the California Department of Finance, approve the
amendments.
SJCOG requests that the City Council approve the amendment before August 31,2010.
FISCAL IMPACT: None
FUNDING AVAILABLE:
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Attachments
Not applicable.
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, Interim City Manager
SAN JOAQUIN COUNCIL OF GOVERNMENTS
Prior to the Board's action, the proposed amendment was reviewed by the Management
& Finance, Citizen's Advisory and Executive Committees with all supporting the
proposal. This change in the JPA has the concurrence of both the San Joaquin County
Auditor -Controller and the County Treasurer. Additionally, in May, the Board was
presented with the proposed amendment and directed SJCOG to bring the amendment
forward for adoption.
Pursuant to the SJCOG JPA, the Agreement may be amended only after Parties (to the
agreementi.e., the cities and county) who represent both a majority of the Parties and at
least 55% of the population of San Joaquin County, based upon the latest population
estimates of the California Department of Finance, approve the amendments.
Enclosed is a copy of the proposed amended and restated SJCOG JPA. Upon
ratification, please have your designated officials execute the appropriate signature
blocks located at the end of the document. This document will be executed in multiple
counterparts, therefore, once your action is taken, please send the executed page to
SJCOG, to the attention of Rebecca Montes. After all parties have acted, a complete
document with all signature pages will be provided to you.
555E. Weber Avenue • Stockton, California 95202
WMI
RECEIVED
209.235.0600. 209.235.0438 (fax)
JULItal 0 9 209Q
www.sjcog. o7g
July 7,2010 CITY MANAGER'S OFFICE
Lang Hansen
CHAIR
Annhbnston
Mi. Rad Bartlam
VICE CHAIR
City of Lodi
Andrew T. Cbesley
P.O. Box 3006
HXRCU'I'IV6 DIRECTOR
Lodi, CA 95241
Member Agencies
CITIES OF
Dear Mr. Bartlam:
ESCALON,
LATH RO P,
LODI.
At its regularly scheduled meeting on June 24,2010, the San Joaquin Council of
MANTECA
Governments (SJCOG) Board of Directors adopted Resolution # 10-041 approving an
RIPON,
STOCKTON,
amendment to the SJCOG Joint Powers Agreement (JPA). Both the staff report and
'TRACY,
AND
resolution are attached as well as a complete copy of the amended JPA.
'THE CCUN'I'Y OF
SAN JOAQUIN
This amendment replaces the San Joaquin County Auditor -Controller and Treasurer
with the SJCOG Chief Financial Officer. The SJCOG CFO will undertake all the
activities of the Auditor -Controller and Treasurer except those related to the
Transportation Development Act, which, by California statute, must remain with the
San Joaquin County Auditor -Controller and Treasurer.
Prior to the Board's action, the proposed amendment was reviewed by the Management
& Finance, Citizen's Advisory and Executive Committees with all supporting the
proposal. This change in the JPA has the concurrence of both the San Joaquin County
Auditor -Controller and the County Treasurer. Additionally, in May, the Board was
presented with the proposed amendment and directed SJCOG to bring the amendment
forward for adoption.
Pursuant to the SJCOG JPA, the Agreement may be amended only after Parties (to the
agreementi.e., the cities and county) who represent both a majority of the Parties and at
least 55% of the population of San Joaquin County, based upon the latest population
estimates of the California Department of Finance, approve the amendments.
Enclosed is a copy of the proposed amended and restated SJCOG JPA. Upon
ratification, please have your designated officials execute the appropriate signature
blocks located at the end of the document. This document will be executed in multiple
counterparts, therefore, once your action is taken, please send the executed page to
SJCOG, to the attention of Rebecca Montes. After all parties have acted, a complete
document with all signature pages will be provided to you.
SJCOG Joint PowersAmendment
July 7, 2010
Page 2
SJCOG staff would be pleased to appear before your policymakers to answer any questions they
might have regarding this matter. We request ratification prior to August 31,2010. Please let
me know when this will be on your agenda so we can be available to attend your meeting. If you
have any questions regarding this matter, don't hesitate to contact me or Steve Dial, Deputy
Executive Director/CFO, at 235-0600.
Thank you for your assistance.
Sincerely,
REW T. CHESLEY
Executive Director
Enclosures: R-10-041
SJCOG Staff Report
Amended and Restated JPA
M;\Support Staff Working Files\LETTERS\SDialVPA Amendment Transmittal—Rev ised, docx
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING THE SAN JOAQUIN COUNCIL
OF GOVERNMENTS
THIS AGREEMENT is entered into as of June 24. 2010, 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 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.
1.2. Common Authority. 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 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 concern to the performance of their constitutional and statutory
functions and to establish an 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 San Joaquin County
evidenced a need to create a wholly independent regional agency capable of dealing with
area -wide issues and problems.
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1.5. Predecessor. The foregoing need led to the creation and
establishment of the S A N JOAQUIN COUNCIL OF GOVERNMENTS on July 1, 1970.
1.6. Effects. The establishmentof 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. The Cities of Escalon, 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 December 8,2005, and enter into this Amended and Restated Agreement in
order to establish the duties and powers of the SAN JOAQUIN COUNCIL OF
GOVERNMENTS.
1.8. Transportation Authority. The County designated the S A N
JOAQUIN COUNCIL OF GOVERNMENTS as the San Joaquin County Transportation
Authority.
NOW, THEREFORE, it is mutually agreed as follows:
2. STATEMENT OF PURPOSE
The member Cities and the County have joined together to establish
SJCOG for the following reasons:
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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,
job 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 County believe 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 in different 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.
3. ESTABLISHMENT OF SJCOG
3.1. Continued Public Entity. Upon the effective date of this Agreement,
the Parties hereto hereby continue the SAN JOAQUIN COUNCIL OF
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).
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3.2.2. The Metropolitan Planning Organization (MPO) 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 TransportationAgency of the State of
California; pursuant to California Government Code Sections 65080, et seq.
3.2.4. The Airport Land Use Commission (ALUC) 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
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
SJCOG.
3.2.6. The San Joaquin County TransportationAuthority as
designated by the Board of Supervisors of San Joaquin County pursuant to Section
180000 of the California Public 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 Clearinghouseto review federal grant
applications under Section 6506 of Title 23 of the United States Code Annotated.
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 any necessary
and legal approvals of their acts by the legislative bodies of the Cities and the County.
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5. MEMBERSHIP
5.1. Board. SJCOG shall be governed by a Board of Directors, -herein
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 (with 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 Supervisors of 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 of
Transportation, 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. Appointment. Members shall be appointed by 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 termination of that person's membership on the SJCOG
Board. The appointing body of a Party may appoint a new member or alternate
immediately upon any vacancy in the Party's representation.
5.3. Alternates. The governing body of each Party shall appoint alternate
members to the SJCOG Board. During the absence of a regular member 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. Quorum. A quorum for conducting all matters of business shall be
seven (7) members. The affirmative vote of a least a majority of the quorumpresent 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 meeting the SJCOG
Board may consider matters it deems proper for carrying out the purposes of this
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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. One (1) member of
the SJCOG Board shall be elected by the SJCOG Board to serve as the alternate member
of the Executive Committee. 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
thereafter be 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
Parties 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.
6.1.4. Operate transportation 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 in j oint projects as necessary.
6.1.7. Acquire, hold, and convey real and personal property.
6.1.8. Incur debts, obligations, and liabilities.
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6.1.9. Accept contributions, grants, 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.
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 SJCOG.
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. Make loans to Parties for projects approved by the SJCOG
Board on terms, and interest rates, and with security, as may be establishedby the
SJCOG Board.
6.1.14. To operate, either directly by SJCOG 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
conservation programs, 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.
6.1.16. To do all other acts reasonable and necessary to carry out
the purpose of this Agreement.
6.2. Limitation. The powers to be exercised by SJCOG are subject to the
restrictions upon the manner of exercising the powers as are 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.
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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 SJCOG Board plans for
SJCOG's activities and the means to finance them.
7.1.5. To supervise the planning and implementation of all
SJCOG's activities.
7.1.6. To attend all meetings of the SJCOG Board and act as the
secretaryto 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.
7.1.9. To perform other duties as the SJCOG 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 30.
8.2. Annual Budget. On or before April 1st, the SJCOG shall adopt a
budget for the ensuing fiscal year to commence on July 1, and shall submit the same for
ratificationto the governingbody 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. Support by Parties. Any Party to this Agreement, in the exercise of
the reasonable discretion of its governing body, may, upon mutual consent of the Parties,
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.
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8.4. Eminent Domain and Taxes. Under no circumstances shall the
SJCOG be empowered to exercise the right of eminent domain nor to levy taxes 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 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 Ordinance #91-01 taxes have been levied and expended.
9. TREASURER
of SJCOG.
9.1. Treasurer. The SJCOG Chief Financial Officer shall be the Treasurer
9.2. Duties. The Treasurer shall:
9.2.1. Receive and receipt all money of SJCOG and place it in a
designated financial institution approved by the SJCOG Board of Directors to the credit
of SJCOG.
9.2.2. Be responsible upon his/her official bond for the
safekeeping and disbursement of all SJCOG money held by the Treasurer.
9.2.3. Pay, when due, out of money of SJCOG, all sums payable
on outstanding bonds and coupons of SJCOG.
9.2.4. Pay any sums due from SJCOG, from SJCOG's funds or
any portion thereof, upon warrants of the SJCOG Auditor - Controller designated herein.
9.2.5. Verify and report in writing as soon as possible after the
first day 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.
10. AUDITOR - CONTROLLER
10.1. Auditor - Controller. The SJCOG Chief Financial Officer shall be
the Auditor - Controller for the SJCOG.
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10.2. Warrants. The Auditor - 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 Auditor - Controller shall be responsible on
his/her official bond for the Auditor - Controller's approval of disbursement of SJCOG
money.
10.3. Records. The Auditor - 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 Auditor - 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.
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 a penal 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' LIABILITY
The debts, liabilities, and obligations of SJCOG shall not be debts, liabilities or
obligations of the Parties 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 further the 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 Party to this Agreement may, at any time,
withdraw from SJCOG, following 90 days notice to SJCOG and all other Parties of
SJCOG, by resolution of intent to withdraw adopted by the governing board of the
withdrawing Party.
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14.2. Obligations. Upon the effective date of the withdrawal the Party
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
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.
15.2. Disestablishment. If, at any time, 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 estimates by 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 this 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 this
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 this Agreement that provided the
funds.
17. ADDITIONAL MEMBERS
In addition to the Cities identified in this Agreement, any city within San 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
ratification 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 this Agreement as of the date it
executes this Agreement.
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18. SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of any
successors to or assigns of the Parties.
19. SEVERABILITY
Should any part, 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 shall be deemed severable and shall not be affected thereby, provided the
remaining portions or provisions can be construed in substance to constitute the
Agreement which the Parties intended to enter into in the first instance.
20. AMENDMENTS
This Agreement may be amended only after Parties who represent both a majority
of the Parties and at least 55% of the population of San Joaquin County, based upon the
latest population estimates of the California Department 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 convenience 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 County
based upon the latest population estimates of the California Department of Finance, sign
this Agreement. The population of the County for this purpose is the population of the
unincorporated area.
///
12
396044-5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their respective offices as of:
APPROVED AS TO FORM
UO -A
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
B
Title:
ATTEST:
City Clerk
MAYOR Walt Murken
CITY OF ESCALON
MAYOR Kristy Sayles
CITY OF LATHROP
MAYOR PHIL KATZAKIAN
CITY OF LODI
* * * Signatures Continued on Next Page * * *
13
396044-5
APPROVED AS TO FORM:
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
Title:
ATTEST:
City Clerk
14
396044-5
MAYOR Willie W. Weatherford
CITY OF MANTECA
MAYOR Chuck Winn
CITY OF RIPON
MAYOR Ann Johnston
CITY OF STOCKTON
MAYOR Brent H. Ives
CITY OF TRACY
APPROVED AS TO FORM:
By:
Title:
ATTEST:
County Clerk
Amended March 1,1991
Amended December 7,2000
Amended December 8,2005
Amended June 24,2010
15
396044-5
CHAIRMAN Carlos Villapudia
S A N JOAQUIN COUNTY
RESOLUTION
SAN JOAQUIN COUNCIL OF GOVERNMENTS
RESOLUTION NO. R-10-41
SA N JOAQUIN COUNCIL OF GOVERNMENTS
RESOLUTION AMENDING THE JOINT POWERS AGREEMENT OF THE
SA N JOAQUIN COUNCIL OF GOVERNMENTS
WHEREAS, pursuant to Sections 9 and 10 of the San Joaquin Council of Governments
Joint Powers Agreement dated December 8,2005 (JPA), the County of San Joaquin Auditor -
Controller and Treasurer acts as the Auditor/Controller/Treasurer of the San Joaquin Council of
Governments (SJCOG);
WHEREAS, in May SJCOG staffpresented to the Board the rationale for substituting the
San Joaquin County Auditor/Controller and Treasurer for the SJCOG Chief Financial Officer in
those capacities;
WHEREAS, with the exception of Transportation Development Act funds, San Joaquin
County is not required to be the Auditor/Controller/Treasurer for SJCOG,
WHEREAS, pursuant to the Joint Powers Authority law, set forth at Government Code
§ § 6500 et seq., SJCOG has three options: (1) maintain the relationship with the San Joaquin
County Auditor -Controller and Treasurer; (2) designate a certified public accountant to serve as
Treasurer and San Joaquin County as Auditor -Controller; or (3) designate an employee or officer
of SJCOG to serve as Auditor -Controller and Treasurer and hire and independent auditor to
perform annual audits;
WHEREAS, SJCOG desires to designate the Chief Financial Officer as the Auditor -
Controller and Treasurer of SJCOG and to hire an independent auditor to perform annual audits;
WHEREAS, Sections 9 and 10 of the JPA require amendment to reflect the changes
discussed herein as shown in Attachment A;
WHEREAS, Section 20 of the JPA requires that any amendment to the JPA be approved
by a majority of the parties to the JPA representing at least 55 percent of the population of San
Joaquin County.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. SJCOG hereby designates the Chief Financial Officer as the Auditor -Controller
and Treasurer of SJCOG.
2. SJCOG hereby approves the amendment to Sections 9 and 10 of the JPA as
shown in Attachment A, effective upon approval by the parties to the JPA who represent both a
majority of the parties to the JPA and at least 55 percent of the population of San Joaquin
County, based upon the latest population estimates of the California Department of Finance.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2010 at a regular
meeting of the San Joaquin Council of Governments by the following vote:
AYES: Councilman DeBrum, City of Manteca; Councilman
Fritchen, City of Stockton; Councilman Haskin,
City of Escalon; Mayor Johnston, City of Stockton;
Vice Mayor Miller, City of Stockton; Mayor Sayles
City of Lathrop; Supervisor Vogel, San Joaquin;County;
Mayor Winn, City of Ripon.
NOES: None.
ABSENT: Supervisor Bestolarides, San Joaquin County; Councilman
Hansen, City of Lodi; Mayor Ives, City of Tracy;
Supervisor Ornellas, San Joaquin County.
ANN JOHNST�
Vice Chair
STAFF REPORT
SUBJECT:
RECOMMENDED ACTION:
BACKGROUND:
6/2010
Board of Directors
Amendment to San Joaquin Council of
Governments Joint Powers Agreement
Substituting the San Joaquin County Auditor -
Controller and Treasurer with the San Joaquin
Council of Governments' Chief Financial
Officer in Those Capacities
By Motion, the Board Adopts R-10-41
Adopting Amendment
In May, SJCOG staff presented to the Board the rationale for substituting the San Joaquin County
Auditor -Controller and Treasurer with the San Joaquin Council of Governments' Chief Financial
Officer in those capacities. In summary, all parties agree this change is in the best interests of
both San Joaquin County officers and SJCOG.
SJCOG staff, working with general counsel from Neumiller & Beardslee determined:
With the exception of Transportation Development Act funds, the County is not
required to be SJCOG's Treasurer/Auditor/Controller. SJCOG is responsible for
administering TDA funds, but the Auditor -Controller and Treasurer have
statutory responsibilities for accounting and depositing those funds.
Pursuant to Joint Powers Authority law, there are three options available to
SJCOG:
1. Maintain the status quo
2. Designate a certified public accountant to serve as Treasurer and San
Joaquin County as Auditor -Controller
Designate an employee or officer of SJCOG to serve as Auditor -
Controller and Treasurer and hire an independent auditor to perform
annual audits.
Options 1 and 2 do not resolve the issue. Option 1 is the status quo and Option 2 continues the
relationship with the County Auditor -Controller.
Option 3 addresses the issue and is achievable. The SJCOG Deputy Executive Director is also
the Chief Financial Officer and currently performs the internal role of Auditor -Controller.
Additionally, he acts as Treasurer for all non -TDA funds receiving funds and directing
expenditure and investments of funds. An independent auditor is retained annually to perform
audits not only on SJCOG financial statements but TDA compliance.
The analysis byNeumiller & Beardslee is attached.
After presenting this proposal to both the Management and Finance Committee and the
Executive Committee, receiving support from both committees, staff requested the Board direct
staff to bring forward an amendment to the Joint Powers Agreement facilitating this change.
Attachment A shows the changes to sections 9 and 10 of the Joint Powers Agreement
substituting the SJCOG Chief Financial Officer for the County Treasurer and Auditor -Controller.
This amendment will also provide for the movement of funds from the County Treasury to a
financial institution approved by the Board.
Following adoption by the Board, the amendment must be approved by a majority of the parties
to the JPA representing at least 55% of the population of San Joaquin County.
FISCAL IMPACT
SJCOG currently reimburses the county through the county's cost allocation plan. As noted in
amendment sections 9.3 and 10.5, this reimburse would cease thus saving SJCOG approximately
$5,000 annually. No additional staff will be required. The statutorily required independent audit
is already undertaken annually therefore there will be no additional costs associated with that
requirement.
RECOMMENDATION
That the Board adopt Resolution 10-41 adopting an amendment to the SJCOG Joint Powers
Agreement making changes to sections 9 and 10 as identified in Attachment A.
Prepared by: Steve Dial, Deputy Executive Director/Chief Financial Officer
M. I STAFFRPT 20101 Junel Boardl SJCOG JPA Amendment docx
RESOLUTION NO. 2010-147
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AMENDMENTS TO THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS JOINT POWERS
AGREEMENT
WHEREAS, at its regularly scheduled meeting of June 24, 2010, the
San Joaquin Council of Governments (SJCOG) Board of directors adopted resolution
#10-041; and
WHEREAS, SJCOG resolution #10-041 replaces the San Joaquin County
Auditor -Controller and Treasurer with the SJCOG Chief Financial Officer where allowed;
and
WHEREAS, pursuant to the SJCOG Joint Powers Agreement, the agreement
may be amended only after parties to the agreement representing both a majority of the
parties and at least 55 percent of the population of San Joaquin County approve such
amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
does hereby approve the amendments to the SJCOG Joint Powers Agreement as
stated in SJCOG resolution #10-041.
Dated: August 18, 2010
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I hereby certify that Resolution No. 2010-147 as passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 18, 2010, by the following
votes:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS—Johnson
ABSTAIN: COUNCIL MEMBERS — None
HL
City Clerk
2010-147