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HomeMy WebLinkAboutAgenda Report - October 19, 1983 (50)CRwI914�``!Asm lv� iY, ol rgtrir ��a t3 ,.�••��. ._ �� ,R .j v' 4 / ,• J ' r/ J�ff9 1"0 EAST HAZELTON AVENUE STOCKTON. CALIFORNIA 95205 TELEPHONE (209) 944-2233 Ms. Alice Remiche, City Clerk City Hall 221:West Pine Street Lodi, CA 95240 Dear Ms. Remiche: 1383 AUG -I AN 9. 24 ALVF M CITY 'CLEft July 29, fmor L061 I regret I will be unable to attend the City Cowzcils shirt sleeve session on August 9th when you discuss the amended Joint Powers Agreement. I will however, have a member of my staff, Andy Chesley, and possibly a member of the COG Board there to answer any questions. There is one item that I feel your City Council should be aware of prior to taking any formal action. One page 7 of the By-laws; Section 2b, wherein the membership of the Transportation Technical Committee is spelled out, I inadvertant-ly overlooked the. -inclusion of Caltrans three representatives. If our agreement is to:`be re- cognized byy the Federal Department of Transportation it is essential that they be included in the transportation planning process:: All charges will be incorporated into the final documentpprior to signing by the cities and the County. It is hoped that: the .action taken.by the Council at their August 17th meeting will be to ap- prove the amended 'Joint Powers Agrement and'authorize-the mayor- to sign for the City. I would hope that everything could be finalized before our September lst objective. Should you have any further questions, please feel free to call me at any time. truly ours, PETER D. RN Executive Director PDV/bv • COUNTY OF SAN JOAQUIN • CITIES OF STOCKTON, LODI, TRACY, MANTECA, ESCALON, RIPON 1660 EAST HAZELTON ^VENUE STOCKTON, CALIFORNIA 95205 TELEPHONE (209) 944-2233 4 The Honorable Evelyn Olsen Mayor of Lodi 221 West Pine Street Lodi, CA 95240 Dear Mayor 02sen: Is July 6, 1983 ALICE M. RENCHE CITY CLERK CITY LF LM For the last few years, the San Joaquin County Council of Govern- ments has been attempting to secure the independence and autonomy from the County that it feels was intended within the Joint` Power] Agreement under which it was formed. The new. County ;Administrator has been most cooperative and willing to work with the COG toward that end. Attached is a draft copy of the revised Joint Powers Agreement and By-laws which we are trying to adopt. The revised Joint Powers Agreement differs from the existing agreement in several ways. These include: a. Duties: It more clearly spells out the duties and responsibilities of the COG. b. COG -Independence: It establishes the COG as a.separate enter apart from the County or the cities, much like,, a special district. c. Representation: The representation in COG has also been . changed -somewhat The County and the City of -Stockton will each have three representatives on the. COG`. Board' while each of the other five cities retain thee`single representative. There was some discussion on this mat- ter and it was suggested by some that.. the County- and City of Stockton each be given two representatives instead of three. The Board of Supervisors were most insistent, however, upon keeping it at three d.Y_o�ti�nf; It gives three votes apiece to -both the County a LFie City of Stockton while the remaining five cities each have one vote. It does spell out, however, that the representative must be present to vote and no proxy voting is permitted. e. Structure: It streamlines the review process and elimi- nates, the Policy Committee, thereby having all action taken by the COG Board. It eliminates the need for another meeting and also places the Policy Committee representatives from SMTD, the Port, and Caltrans on the COG Board as non-voting ex -officio members. *-COUNTY OF SAN JOAQUIN • CITIES OF STOCKTON, LOUI, TRACY, MAN rECA, ESCALON, RIPON 0 Initially it wa-s hoped that the adoption of the revised Joint Powers Agreement and By-laws could be accomplished by July lst in conjunction with the new fiscal year, but that was found to be wholly unrealistic. We are currently attempting to finalize this agreement by September lst and any help you can render in meeting that deadline would be appreciated. In addition.,I am enclosing a copy of the proposed 1983/84 budget for this fiscal year. Because of all the uncertainties;, I w.as not able to prepare and circulate it earlier. I would hope you could have the City Council review and concur with the budget at the same time you approve the revised Joint Powers Agreement. You should n-ote that all of COG's expenses for the year will be met with existing federal and state grants and TDA contributions. At such time as you review these matters with the Council, I would be most willing to be present to answer questions should you feel it necessary. If you have any questions, please feel free to contact me. Very truly ours , ETER D. VERDOORN Executive Director PDV:gms Enclosure cc/enc: Henry Glaves, City Manager The Honorable Ev' yn.. Ol s en Page Two July 6, 1983 f.Quorum: It also revises the number of members that mus a present to constitute a quorum. Where pre- viously it required a majority of the membership to make a quorum, it now calls for a minimum of five members to constitute a quorum for the conduct of business. It is hoped that this will eliminate the problems that were experienced in the past in securing a quorum. g. Withdrawal: It also revises the agreement and by-laws relative to withdrawal from COG. Currently, the with- drawal by the County would terminate the organization. The revised document notes that so long as a majority of member governments remain and collectively consti- tute at least fifty-five percent of the total County population, the organization can continue to function. Initially it wa-s hoped that the adoption of the revised Joint Powers Agreement and By-laws could be accomplished by July lst in conjunction with the new fiscal year, but that was found to be wholly unrealistic. We are currently attempting to finalize this agreement by September lst and any help you can render in meeting that deadline would be appreciated. In addition.,I am enclosing a copy of the proposed 1983/84 budget for this fiscal year. Because of all the uncertainties;, I w.as not able to prepare and circulate it earlier. I would hope you could have the City Council review and concur with the budget at the same time you approve the revised Joint Powers Agreement. You should n-ote that all of COG's expenses for the year will be met with existing federal and state grants and TDA contributions. At such time as you review these matters with the Council, I would be most willing to be present to answer questions should you feel it necessary. If you have any questions, please feel free to contact me. Very truly ours , ETER D. VERDOORN Executive Director PDV:gms Enclosure cc/enc: Henry Glaves, City Manager .COUNCIL C011' MUNICATi) TO TEii tltY CONMi. , DATE October 14, 1983 1r cmr �u►t�rs `oma SUBJECT: Proposed Joint Powers Agreement Establishing the San Joaquin County Council of Governments Attached hereto;. --please find,copy;of proposed. Joint Powers Agreement Establishing the San Joaquin County Council of Governments as presented to the Transportation Planning.<<Policy Ccomittee at its meeting held Friday, October 14, 1983., The.: only major;change:contained in this amended Agreement is in„Section 4 entitled "Membership” (Page 4), which reads as follows: SAN JOAQUIN COUNTYCOGshall be governed by a Board, hereinafter referred to as the COG -Bo ard.:and shall .be comprised of: a);T one...(1).councilperson_from ;each of the citias of Esc alon.;Lod i. Manteca; Ripon, and Tracy, b) two (2) councilpersons from the City of Stockton, and c) two (2) members of the Board of Supervisors of the County of San _ Joaquin. d) ex-offico;non-voting mewbers acting in an advisory capacity shall be ._ . 1) th!c istrict._Rngineer from th-e State.De.par tment of Transportation, District X; 2) a representative frc" the Stockton Metropolitan. Transit District Board of Directors;;and.,3);a representative from the Port" Of Stockton Board of Directors.. The a:atiripated effective date of this subject agreement is November 1, 1983. Recommended AMon: Adopt Resolution approving the attached proposed Joint Powers Agreement Establishing the San .Joaquin County Council of Governments, and authorize the Mayor and City Clerk to execute the Agreement on behalf ,of the City. Alice M.- Re/ the City Clerk JOINT POWERS AGROMMENT ESTABLISHING THE SAN JOAQUIN COUNTY C0014CIL OF GOVERNMENTS • THIS AGREEMENT entered.into as of the 1st of November, 1983, by and -among the incorporated cities of Escaloq, Manteca, Lodi, Ripon, Stockton, and Tracy, all municipal corporations and the County.of San J4!kuin, a political subdiv^n of the State of California. til W I T -N -E S S ETH WHEREAS, Chapter 5 of'Division 7 of Title I (commencing with Section 6500) of the California Government Code authorizes two .(2) or more public agencies to jointly exercise any power common to them; and WHEREAS, the City of Stockton, by virtue of its charter and the cities of Escalon, Lod'i, Manteca, Ripon, Tracy, and the County of San Joaquin, by virtue of California Government Code Sections 65600 through 65604, inclusive, possess in common the authority: a) to study, discuss and recommend policies. for the_ solution of area -wide problems of direct concern to the per- - formance of their constitutional and statutory functions_an& to establish an area planning organization and expen—d-,, public.. funds for these purposes; and necessary to partici �,in federal b) to do all acts - ate , p programs and receive federal funds for health, education,:, welf ar e, public works, and community improvement activitiest including contracting and cooperating with other. - -local F public 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 graoth and extensive development within the incorporated and unincorporated areas of San Joaquin �County evidenced a need to create a wholly independent.;regionil agency capable of dealing with area -wide issues and problems;"and -2- sz Ory 1. ... `�+'• WHEREAS, this need led to the creation and establishment of .:S'.'- the SAN.JOAQUtN COUNTY COUNCIL OF GOVERNMENTS on July 1, 1970; g: _ and Wit` r. WHEREAS, the establishment of SAN JOAQ,UIN .COUNTY COG has: a) provided a forum for the disc sion and study of area -wide RZ blems of mutual concern to the various govern- - r mental entitie3 in San Joaquin County; - b) prided efficiency and econcAW in governmental s operations through the cooperation of member governments and the pooling of common resources; K r. c) provided for the establishment of an agency respon- sible for identifying, clarifying, and planning for solu- tions to regional problems requiring multi -jnrisdictional cooperation; d) provided for the establishment of an agency capable of developing regional plans and policies and performing ti area -wide planning duties; e) facilitated cooperation among and agreement between local governmental bodies for specific purposes, integre- gated 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 of Esealon, Lodi,M.a•nteca, Ripon:, Stockton, and Tracy and 'the County of San Joagvin, at thi-s time i desire to rescind that'certain joint powers agreement of``July 1970, and enter into th1s new Agreement in order to'_establish the duties and powers of a newly constituted SAN`JOAQUIN COUNTY ' COUNCIL OF GOVERNMENTS,• - a RM, THEREFORE, it is mutually agreed as follows: 1. STATEMFNT OF PURPOSE The member cities and the County have joined together to establish the Council for the following reasons' a, a):. -A number•:of problems and:•fssuesr.w -t-M) the• area ->are .. either srea-wide in2nature' aY hzMe 'area-w:iM'aspects or implications such as, but not limited to, transportation, air quality, land use, etc. r 1 /-3-�t... .a c = b) There is a demonstrated need for the 'establishment 4 of an organization of cities and the County within the area to provide a forum for the discussion and study of area -wide problems of mutual interest and concern to the cities and the County and to facilitate the development of policies and action zed�lmendations for the solute •• :i of such problems. c) The member cities and the County wish to create an area-wideganization which will in 2lkendently review and ma?:e comments to the member cities and the County regarding projects which receive federal or state funding. 01 d) The member cities and the County believe that an area -wide planning brganization, governed solely by elected officials from the member cities and the County, with a staff independent of any member city or the County, is best suited for this area -wide planning and review. e) Member cities and the County, working together through this organization., can exercise initiative, leadership and responsibility for solving area -wide problems. f) .,Member cities and the County share common area -wide 1 probiems.'and issues, and at the same time, have diffryrent i needs and, and are affected in different ways -by Aft these; common area -wide problems and issues. The resources of the Council should be allocated in such a manner- so that 1 the needs of any portion of the area are not ignored, recognizing, however, that resources are limited and that t , not all needs can be met, nor all- portions of the area i assisted equally at any one time. { 2. ESTABLISHMENT OF SAN_JOAQVIN. COUNTY COG VpenL the effective date of this Agreement, the parties hereto hereby establish a newly constituted SA, JOAQUIN COUNTY COUNCIL OF GOVERNMENTS, as a public entity separate and distinct from its member entities as the agent to exerellp the common' ...powers provWed for in this Agreemer4 and to admisai3ter or otAer- w se execute this Agreement. The newly constituted SAN JOAQUIN COUNTY COG, as successor a entity to the COG established in 1970, insofar as its predecessor entity has been designated,'and insofar as legally authorized, shall'continue to function as: a) 0 Area -wide Planning Orga Dation (APO) as designated by the U. S. Department of Housi-g and Urban Development (HUD), b) t* Metropolitan Planning O^i%ation (MPO) as - designated by the U.$. Department of Transportation, c) the Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California, d) the Airport Lancs Use Commission (ALUC) as designated by the Buard of Supervisors of the County of San Joaquin aril recognized by the State of California, e) the regional planning representative, as designated by the parties hereto, for the purpose of acting upon -.any appropriate proposals which may be presented to it for con sideration and for transmission of proposed recommendations to Federal and State agencies. 3. COOPERATION. The parties to this AWeement pledge full cooperation and agree to assign representatives to serve as official members.of SAM JOAQUIN COUNTY COG or any committee or subcommittee thereof, which`meubers shall act for and on behalf of their cities or:t—.h county- in any and all matters which shall come beforethe SA -N JOAQUIN, COUNTY COG, subject to any necessary and legal approvals of their acts by the legislative bodies of the cites and the county. 4:. MEMBERSHIP SAN JOAQUIN COUNTY COG shall be governed by a Board, hereinafter referred to as the COG Board and shall be comprised i7 r 8y' one (1) counciiperson from each of the cities of Escalon, Lodi, Manteca, Ripon, and Tracy, b) two (2) councilpersons from the City of Stockton, and ':'r as its deems proper for carrying out the purposes of this Agreement,, provided that no item shall be considered except by >i unanimous consent of the COG Board unless written notice 'shall - have been provided to the COG Board members at least twenty-four (24) hours in advance of" the meeting at .which .s-ab,,i,tem is, ta,be . considered. .s -5- C) two (2) members of the Board of Supervisors of the County of San Joaquin. A) ex -officio non-voting members acting in an advisory capacity shall be 1) the District Engineer from the State Departmentf Transportation, Distri ; 2) a representative from the Stockton Metropolitan Transit District Board of Directors; and 3) a representative f rom the Port of Stockton Board of Dof ctors. Members shall be appo3ntedi 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 members' mayor, councilperson, or. supervisor status shall constitute automatic termination of that person's membership on the CGS Board. The appointing body of a party may appoint a new member or alternative immediately upon the occurring of any vacancy in that party's representation. The governing body of each party shall appoint alternate members to the COG Board. During the absence of a regular member _ from any meeting of the COG Board, the alternate shall be entitled to participate in all respects as a regular member,,of.. 5 the.COG Board. All members and alternates shall be duly elected representatives of their respective ,ci.ty..council:s.- or. Board .of;, yYea 7 Supervisors. A quorum for conducting all matters of business -shall be. five.s (5) members. The affirmative vote of at least a majority of the ti quorum present shall be required for the approval of any matter. \. The COG Board shall adopt rules of procedure and shall establish a time and place for regular SAN JOAQ)1N COUNTY COG meetings. At any meeting the COG Board may consider such matters as its deems proper for carrying out the purposes of this Agreement,, provided that no item shall be considered except by >i unanimous consent of the COG Board unless written notice 'shall - have been provided to the COG Board members at least twenty-four (24) hours in advance of" the meeting at .which .s-ab,,i,tem is, ta,be . considered. • c) two (2) metrbt:rs of the Board of Supervisors of the County of San Joaquin..' • 'ytl fin: iy. _ d),._ ex -of ficionon-voting .aker:bers actingin an advisory capacity. shall be 1) the District `rc:a Lhe State t Department of .Transportation'. District: X; 2) a reprc_seZtati e .. from the Stockton Metropolitan Transit District Board of Directors; and 3) a representative from the Fort of Stockton Board of Directors, uN. Members shall be appointed by the governing body of each r party and shall serve a'.. the pleasure of their appointing body or i Zuntil their respective successors are appointed. Termination of a members' mayor, councilperson, or supervisor status shall' constitute autcr.►atic termination of that p%rson's:.:�:abe.st.ip on 'iae the COG Board. appointing body o: a pZzc.: ;:ra, E.��r: i Elt a n2a . member or alternative isnediately upon the occurring of any vacancy in that party's representation. Theovern i n of each g g bod • y party shall appoint alternate f ` members to the COG Board. During the absence of a regular member from any meeting of the COG Board, the alternate stall be n>- en.titled to participate in all respects as a regular member of. t the COG Board. All members and alternates shall be duly elected represen.tatjves of.their, respective..city councils or.Board of k Supervisors. A quorum for conducting- -ala matters of business shall be five,.' (5) member -s. The affirmative vote of at least a majority of the quorum present shall be required for the approval of any matter. The COG Board shall adopt rules of procedure.and shall ; establish a time and place f©r regular SAN JOAQUIN COUNTY COG meetings. At a-ny meeting the COG Board may consider such matters as its deems proper for carrying out the purposes of this Agreement, provided that no item shall be considered except by unanimous consent o: the COG Board unless written notice shall have, t?epn ,pr' video., to the COG ..Board .mcnbers at least twenty-four ` 24) hours i:n advance..ofttthe rseetinc at 'which such' itesfi is tome considered. -7- h) have appointed members and ex -officio members serve without compensation f rom the SAN JOAQUIN COUNTY COG; i) do all other acts r42asonable and necessary to carry out the purpose.of this Agreement; and sue and -be sued, in its own name only, but not in the name or stead of any member entity. Fit The powers be exercised by the SAN JALli UIN COUNTY COG are subject to such restrictions upon the manner of exercising such P. owe s,,as are imposed upon the County of SarL.Joaquin in the exer c se'o,f similarkers. SAN JOAQUIN COUNTY COG shall be held A S tr-idtly accountable for all funds received, held, and disbursed by, 6. EXECUTIVE DIRECTOR - The executive director shall be selected by, and shall serve aat the pleasure of an upon the terms prescribed by the COG Board.; The,powers and duties of the executive director are: a) To serve as the chief adrain4strative officer of SAN. JOAQUIN COUNTY COG and to be responsible to the COG Board for the proper administration of all SAN JOAQUIN COUNTY COG af fla i rs. b) To appoint, supervise, suspend, discipline or SAN JOAQUIN COUNTY COG's activities and the means to finance them. e) To supervises the planning and implementation of all SAN JOAQUIN COUNTY COG's activities. f)....To attend. all: meetinq&,of the: COG- Baardand acts. as he secretary to tker COG Boardtw_- r �k­l .-" g) To prepare and submit to the COG Board periodic financial reports and, as soon as practicable after the end of -each fiscal year, an annual rep-Drt of the activities of SAN JOAQUIN COUNTY,COG for the preceding year. h) To have custody and charge of all SAN JOAQUIN COUNTY COG property other than money and securities. i) Toerform such other duties the COG Board may reziuire in carrying out the policies and directives of the c0c; Board. 7. FINANCO a) Fiscal Year% The SAN JOAQUIN COUNTY COG fiscal year shall be July 1 through June 30. b) Annual Financial Support. On or before April Ist, the SAN JOAQUIN COUNTY COG shall prepare a budget for the ensuing fiscal year to co.-amence on July 1, and shall submit the same for ratification to the governing body of each member agency. Upon ratification of the proposed budget by a majorif.y of the legislative bodies of the member govern- ments, and representing at least 55% of the population within the County, such 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 use or amend- ments of the budget shall.be the sole discretion of the SAN JOAQUIN COUNTY COG. Any party to this Agreement, in the exercise of the r-tasonable discretion of its governing body, may provide, support for the SAN JOAQUIN COUNTY COG', its staff and t-ts professional consultants,- including pr-evid Lng such quarters janitorial services and maintenance, svpplles:,.p r i nt ing, and duplication, postage, telephone servi-ces, transportation services, and such professional and- technical assistance as may be necessary to enable SAW JOAQUIN COUNTY COG to perform its responsibilities. All such' assistance gh 11 be provided on an a:t-cost basisix; 4 Under no circumstances shall the SAN JOAQUIN COUNTY COG nor of i -9- (!j domain. SAN JOAQUIN COUNTY COG shall apply for available State or Federal support funds, and shall make new and additional applications from time to time as appropriate. If dee:ned.necessary, the COG Board may also establish and collect filing and processing fees in connections with mat- ters to be considered by it. 8. TREASURER a) The Treasurer of the County of San Joaquin shall be the treaer of SAN JOAQUIN COUNTY L -'OG. b) The Treasurer shall: 1) Receive and receipt all money of SAN JOAQUIN COUNTY COG and place it in the treasury of San Joaquin County to the credit of Situ JOAQUIN COUNTY COG. 2) Be responsible upon his official bond for the safekeeping and disbursement of all SAL JOAQUIN COUNTY COG money held by him/her. 3) Pay any sums due from SAN JOAQUI:3 COUNTY COG, Y from SAN JOAQUIN COUNTY COG's funds held by him/her; or any portion thereof, upon warrants of the SAN JOAQUIN COUNTY COG controller desig-nated herein 4) Verify and report its writing as soon as possible after the first day -of July, October, January, and April of each year to SAN JOAQUIN COUNTY COG the amount of monies he/she holds for SAN. JOAQUIN COUNI1'Y COG, the amount of receipts. since his/her last report, and any interest accrued to those_ fund's. SJ SAN JOAQUIN COUNTY, COG shall .reimburse, the County of San Joaquin for,the cost of services provided by the County Treasurer to SAN JOAQUIN COUNTY COG upon an at -cost basis. 9. CONTROLLER • ,a) The Auditor -Controller of. the Cotigty of San Joaquin shall be the controller for the SAN JOAQUIN COUNTY COG. b) The Controller shall draw warrants to pay demands against SAN JOAQUIN COUNTY CCG when the demands have been _10 - approved by�the COG•Board and/or - the COG Executive Director. He/she shall be responsible on his/her official bond for his/her approval of disbursement of SAN JOAQUIN COUNTY COG money. c) The, Controller shall keep and maintain records and �i aY books of accounton the basis of gene S ly accepted accounting practices. The books of account shall include records of�sets, liabilities, and c','ributions made by �- each party to this Agreement. d) The Controller shall make available all such finan- cial records of SAN JOAQUIN COUNTY COG to a certified public accountant or public accountant contracted by SAN JOAQUIN COUNTY COG to make an annual audit of the accounts and records of SAN JOAQUIN COUNTY COG. .The mini -mum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the GovernUent Code and shall conform to generally accepted auditing standards. •e) SAN JOAQUIN COUNTY COG shall reimburse the County for the cost of services provided by the County Auditor -Controller to SAN JOAQUIN COUNTY COG upon an at -cost basis. 10. BOND REQUIREMEN..TS The executive director and such other- employees of:SAN 4 JOAQi)IN COUNTY COG as may be designated by the COC Boar -d, shall fide with SAN JOAQUIN COUNTY COG an official fidelity bond in . b Venal sum determined by the Council as security for the safe- keeping afe keeping of SAN JOAQUIN COUNTY COG propert'j entrusted to such employee. Premiums for such bonds shall be paid by SAN JOAQUIN _? COUNTY COC. 11. PARTIES' LIABILITY J The debts, liabilities and obligations of SAN JOAourN COUNTY .1c 7b COG shall not be debts, liabilities or obligations of the parties Oto this Agreement either singly or collectively. 12. AssrGNABILM IWith the approval of, and upon the tr.rms ;Agreed upon by, f Tl 1 rr lc 1 (1OV^_rnlnc• ')V rAf .�'+rh nz.r.r,v fn thi!:..n!7Y,.'...:nl.nf..._ATat_r••._....Hhn.................,... <- rights and property subject to this Agreement may be assigned to further the purpose of this Agreement.. Provided, however, no tight p` or:' ro ert g p Y -of' SAN'JOAQUIN'•COUNTY 'COG"shall'be assigned. withou t`•compliance with all conditions imposed by any state or federal entity from whom SAN JOAQUIN COUNTY COG has received financial assistance. 13 WIT%i911b OFA PARTY C A party to this Agreement may, at any time, withdraw from SAN JOAQUIN COUNTY COG, following 90 days notice to SAN JOAQUIN COUNTY COG and 1 other members of SAN JC(�'UIN COUNTY COG, by ...�. resolution of intent to withdraw adopted by the governing board of the withdrawing party: ,'.� sonal property owned by SAN JOAQUIN COUNTY COG shall be • Upon the effective date of such withdrawal such member shall cease to be bound by this Agreement, but shall continue to pro- �q vide financial support through the approved percentage of '' planning funds provided COG, as Transportation Planning Agency,. - Ayt under the provisions of Section 99233.2 of the .ransportation Development Act. SAN JOAQUIN COUNTY COG assets representing any 1 } accumulated capital contribution of the withdrawing party, shall remain subject to SAN JOAQUIN COUNTY COG control,_ depreciation and use without compensation to the withdrawing party until ter urination of this Agreement and the distribution of SAN JOAQUIN _ COUNTY COG assets.' �r 14. TERMINATION AND DISSOLUTION _ a) This Agreement shall continue in force without spe- cific term. b) If,'at any time, those cities and County: which are ` members of SAN.JOAQUIN COUNTY COG contain less than 5.5%~of..` the population residing within the area of San Joaquin p r County, based Upon the latest available census info .'aation, ,? and there are less than a majority of local governments }>. o remaining as members of SAN JOAQUIN COUNTY COG, SAN JOAQUIN COUNTY COG shall be.deemed disestablished and this Agreerdeiit••shdll-s-- a tdi be operative excelA for the purpose' $; "'`° `'pa}rm"ent of��anj+`o132igatio�staeret'dfore i'n'cuizreci:in c) If this Agreement is terminated, all real and per- 4.. ,'.� sonal property owned by SAN JOAQUIN COUNTY COG shall be J� ' -12- distributed to the Federal, State, or local funding agency or party to this Agreement that supplied the property or in whose fund provided for the acquisition o: the property g p q ' unless other distribution is provided by 1•aw. Should the origin of any real or personal property be undeterminable, that property shall be disbursed to the parties to this d Agreement . proportion to the size 4Wthe jurisdiction as ' delineat^3 in the latest California Department of Finance estimated of population. �• This Agrent shall not terminate until all property has z; been distributed in accordance with this provision. 15. RETURN OF SURPLUS FUNDS y 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. r 16. ADDITIONAL MEMBERS In addition to the incorporated cities identified in this Agreement, any city within San Joaquin County which may hereafter be u^orporated and which desires to participate in the activi- ties of SAN JOAQUIN COUNTY COG 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 ` 1 2..z T.greement as of the date it exeoutes this Agreement. 17 . SUCCASOR:S ,s x This Agreement shall be binding upon and shall inure to the:' wY benefit of any successors to or assigns of the parties. , 18. SEVERA133LITY r #; Should any part, term, p©rtion or provision of this Ag-r-eement be finally decided to be in conflict with any.,- law of the [united States or the State of California, or otherwise be o unenforceable or ineffectual, the validity of the Tema -1 -Ing pa• , provisions shall be deemed severable its terms, portions or y. R. and'shall no be affected thereby, provided such remaining pof :. tions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instance. -13- 0 7 20. EFFFCTIVE DATE OF AGREEMENT �s This Agreement shall become effective -on November 1, 1983, and from;and after said date the Agreement establishing the SAN JOAQUIN.COUNTY COUNCIL. OF GOVERNMENTS dated July 1, 1.970, shall. be super'ceded, replaced, and terminated by this Agreement and be of no further force and effect. kink ATTEST: City Clerk APPROVED AS TO FORM: BY— Title CITY OF LODI Title CITY OF MANTECA Title CITY OF RIPON Title- CITY OF TRACY 0. CITY COUNCIL HENRY A. GLAVES, Jr. City ManaWr EVEIYN M. OLSON, Mayor CITY OF L O D I ALICE M. REIMCHE JOHN R. (Randy) SNIDER City Clerk Mayor Pro Te^Pwe CITY HALL, 221 WEST PINE STREET ROBERT G. MURPHY POST OFFICE BOX 320 RONALD M. STEIN JAMES W. PINKERTON. Jr. LODI. CALIFORNIA 95241 City Attorney FRED M. REID (209) 334-5634 TO: IU4 RAEU MAIM AND CITY COUNCIL Fwd: ALICE M. REEME 6t- CITY CLERK SIBJB Cr: JOINT PC WEE.S AtREE1 M FSTABL I SAH I NG TIS SAN "QU IN CO14TY COUNCIL OF DATE: OCIUBER 19, 1983 W. Peter D. Verdoorn, Executive Director of COG cabled today advising that the following entities have now approved the above referenced agreement: Manteca Escalon Ripon San Joaquin County The matter is on the Agenda for tonight for both the City of Lodi and Tracy. The City of Stockton will be considering the matter early next week.