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Home My WebLink AboutResolutions - No. 91-66RESOLUTION NO. 91-66 ------------------------- ------------------------- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FIRST MODIFICATION OF JOINT POWERS AGREEMENT ESTABLISHING THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS (COG), THEREBY FORMALIZING THE CITY OF LATHROP'S MEMBERSHIP, AND GIVING COG TAXING POWERS AS THE SAN JOAQUIN LOCAL TRANSPORTATION AUTHORITY ----------------------------------------------------------------------- ----------------------------------------------------------------------- WHEREAS, the cities of Escalon, Lodi, Manteca, Ripon, Stockton and Tracy and the County of San Joaquin entered into a Joint Powers Agreement on November 1, 1983, establishing the San Joaquin County Council of Governments (COG); and WHEREAS, the City of Lathrop was incorporated July 1, 1989 and the parties to said Joint Powers Agreement desire to amend Section 4 - MEMBERSHIP - to formalize the City of Lathrop's membership in COG; and WHEREAS, the County of San Joaquin designated COG as the San Joaquin County Local Transportation Authority and the parties wish to amend the Joint Powers Agreement to give COG taxing powers as the San Joaquin County Local Transportation Authority; NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby approves the First Modification of Joint Powers Agreement establishing the San Joaquin County Council of Governments (Exhibit A), which First Modification shall: 1. Amend Section 4 - MEMBERSHIP, to formalize the City of Lathrop's membership, and 2. Give the San Joaquin County Council of Governments taxing powers as the San Joaquin County Local Transportation Authority. Dated: April 3, 1991 ----------------------------------------------------------------------- ----------------------------------------------------------------------- I hereby certify that Resolution No. 91-66 was passed and adopted by the Lodi City Council in a regular meeting held April 3, 1991 by the following vote: Ayes: Council Members - Pennino, Pinkerton, Sieglock, Snider and Hinchman (Mayor) Noes: Council Members - None Absent: Council Members - None Alice M. Reimche City Clerk 91-66 RES9166/TXTA.02J MOW, THEREFORE, IT IS MUTUALLY AGREED to modify the Joint % Powers Agreement establishing the SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS entered into as of November 1, 1983 as follows: 1. Section 4, MEMBERSHIP, is modified to read as follows: 4. MEMBERSHIP SAN JOAQUIN COUNTY COG shall be governed by a Board, hereinafter referred to as the COG Board and shall be comprised of: (a) One (1) councilperson from each of the cities of Escalon, Lathrop, Lodi, Manteca, Ripon, and Tracy;. (b) Two (2) councilpersons from the City of Stockton; (c) Two (2) members of the Board of Supervisors of the County of San Joaquin; and (d) Ex -officio nonvoting members acting in an advisory capacity shall be (1) the District Engineer from the State Department of Transportation, District Y; (2) a represen- tative from the Stockton Metropolitan Transit District Board of Directors; and (3) a representative from the Port of Stockton Board of Directors. 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 members' mayor, councilperson, or supervisor status shall constitute automatic termination of that person's membership on the COG Board. The appointing body of a party - 2 - may appoint a new member or alternative immediately upon the occurring of any vacancy in that party's representation. The governing body of each Darty 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 secular member of the COG Board. All members and alternates shall be duly elected representatives of their respective city coun- cils or Board of Supervisors. A quorum for conducting all matters of business shall be six (6) members. The affirmative vote of at least a majority of the quorum present shall be required for the approval of any matter. matters as it deems proper for carrying out the purposes of this Agreement, provided that no item shall be considered except by 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 such item is to be considered. An executive committee shall be constituted from among the representatives of the members of the COG. The Executive Committee shall consist of four (4) members of the COG Board - 3 - The COG Board shall adopt rules of procedure and shall establish a time and place for regular SAN JOAQUIN COUNTY COG meetings. At any meeting, the COG Board may consider such matters as it deems proper for carrying out the purposes of this Agreement, provided that no item shall be considered except by 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 such item is to be considered. An executive committee shall be constituted from among the representatives of the members of the COG. The Executive Committee shall consist of four (4) members of the COG Board - 3 - r elected by the COG Board. The Chairperson of COG shall be {` the Chairperson of the Executive Committee and shall serve i on it as the representative of his/her jurisdiction. The Executive Committee shall have such powers as are not inconsistent with this agreement and as delegated to it by the Bylaws. The Bylaws of the SAN JOAQUIN COUNTY COG shall be those annexed to this agreement marked Exhibit A and incorporated herein by this reference. Amendments to all or a portion of these Bylaws may be made in the manner prescribed in the Bylaws. 2. Section 7, FINANCING, is modified to read as follows: 7. FINANCING (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 1st, the SAN JOAQUIN COUNTY COG shall prepare 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 member agency. Upon ratification of the proposed budget by a majority of the legislative bodies of the member governments 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 amendments of the -bud- get shall be the sole discretion of the SAN JOAQUIN COUNTY COG. f 4 - Any party to this Agreement, in the exercise of the i reasonable discretion of its governing body, may provide sup- port for the SAN JOAQUIN COUNTY COG, its staff and its pro- fessional consultants, including providing such quarters, janitorial services and maintenance, supplies, printing and duplication, postage, telephone services, transportation ser- vices, and such professional and technical assistance as may be necessary to enable SAN JOAQUI:I COUNTY COG to perform its responsibilities. All such assistance shall be provided on an at -cost basis. Under no circumstances, except as provided in (c) below, shall the SAN JOAQUIN COUNTY COG be empowered to levy taxes nor exercise the right of eminent domain. SAN JOAQUI`7 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 deemed necessary, the COG Board may also establish and collect filing and processing fees in con- nection with matters to be considered by it. (c) In its role as the San Joaquin County Local Transportation Authority, the SAN JOAQUIN COUNTY COG shall be empowered to levy and expend tax revenues authorized in San Joaquin County Local Transportation Authority Ordinance T91-01 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 Local Transportation Authority - 5 - C Ordinance #91-01 is in effect and shall terminate when all San Joaquin County Local Transportation Authority Ordinance #91-01 taxes have been levied and expended. 3. All other provisions of the parent Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification to be executed by their respective officers. ATTEST: CITY OF ESCALON 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 Title CITY OF LATHROP Title CITY OF LODI Title - 6 - 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 APPROVED AS TO FORM: CITY OF MANTECA Title CITY OF RIPON Title CITY OF STOC{TON Title CITY OF TRACY By Title Title - 7 - ATTEST: JORETTA J. HAYDE Clerk of the Board of Super- visors of the County of San Joaquin, State of California COUNTY OF SAN JOAQUIN, a poli- tical subdivision of the State of California By By (SEAL) GEORGE L. BARBER, Chairman Deputy Clerk Board of Supervisors APPROVED AS TO FORM: JOHN F. CHEADLE County Counsel By MICHAEL MCGREW Chief Deputy C:COG1.1,1.2 - 8 -