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HomeMy WebLinkAboutResolutions - No. 3154RESOLUTION NO. 3151 AUTHORIZING EXECUTION QFAGREEMENT FOR FORMATION OF CITIES AND COUNTY OF SAN JOAQUIN ADVISORY PLANNING ASSOCIATION RESOLVED, that the Mayor be and he is hereby authorized and directed to execute on behalf of the City of Lodi, that certain document. entitled "AGREEMENT FORTHE FORMATION OF THE CITIES AND COUNTY OF SAN JOAQUIN ADVISORY PLANNING ASSOCIATION, " by and between the COUNTY OF SAN JOAQUIN, the CITY OF ESCALON, the CITY OF LODI, the CITY OF MANTECA, the CITY OF RIPON, the CITY OF STOCKTOX, and the CITY OF TRACY, all of which are referred to therein as "member agencies," to establish an area wide agency to coordinate planning within the territorial boundaries of the County of San Joaquin, a copy of which Agreement substantially in the form to be executed is attached hereto and marked Exhibit "A" and by reference hereto is made a part hereof Dated: February 14, 1968 I he-eby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lodi inhadiubwrnandeeting held February 14, 1968, by the following vote: Ayes: Counciim(n - BROWN, CULBERTSON, HUNXELL WALTON and KIRSTEN Noes: Councilmen - None Absent: Councilmen - None ,iSq City Clerk AGREEMENT FOR THE FORMATION OF THE C I T I E S AND COUNTY OF SAN JOAQUIN ADVISORY PLANNING ASSOCIATION ,,( � THIS AGREEMENT made and entered into this day of Fe iary IF 1968 by and between the County of San Joaquin, a political subdivision of the State of California; the City of Escaion, a municipal corporation; the City of Lodi, a municipal corporation; the City of Manteca, a muni- cipal corporation; the City of Ripon, a municipal corpora- tion: the City of Stockton, a municipal corporation; and the City of Tracy, a municipal corporation, all of which are referred to hereinafter as the "member agencies". WITNESSETH: WHEREAS, the municipal corporation parties to this agreement consist of the six incorporated cities within the territorial limits of the County of San Joaquin, State of California, and the County of San Joaquin which possesses the general governmental control of the unincorporated territory of the County of San Joaquin; and, WHEREAS, the parties hereto desire to establish an areawide agency to coordinate planning for the area within the territorial boundaries of the County of San Joaquin strictly pursuant to and limited by the powers set forth in this agreement, and, WHEREAS, the County of San Joaquin and the incorporated cities of the County of San Joaquin desire to associate them- selves together for certain specific purposes to form an organization known as the " Cities and County of San Joaquin Advisory Planning Association", and, WHEREAS, it is the opinion of the cooperating County and Cities that constructive, workable policies and programs for meeting area -wide problems which transcend local govern- ment will be most effectively and expeditiously developed by regular meetings of local governmental agency members in an area -wide voluntary and cooperative association dedicated to the solution of these problems. Such problems of concern may include the following: Planning, acquisition and development of Open Space Land Outdoor recreation Planning and construction of hospitals Health research facilities Hill -Burton hospital and health facilities Community mental health facilities and centers Vocational rehabilitation facilities -1- AGREEMENT Page #2 Regional medical libraries Comprehensive state and area -wide health planning Airport planning and construction Libraries Water supply and distribution facilities Basic sewer and water facilities Waste treatment facilities River basin pollution control and abatement Rural water and waste disposal facilities and planning Air pollution Solid waste disposal programs Highway development Highway landscaping and scenic enchantment Transportation facilities Urban mass transportation Irrigation and reclamation Water shed protection and flood prevention Soil and water conservation Rural renewal and resource conservation and development Beach erosion control and flood prevention State and regional water resources planning Land conservation projects Public facility loans Public works planning Public works and economic development facilities Urban planning Advanced acquisition of land Regional action planning Economic development planning NOW THEREFORE, it is mutually agreed by and among the parties of this agreement that: (1) Pursuant to Article 11 of Chapter 3 of Title 7 of the Government Code of the State of California, an area planning commission entitled the "Cities and County of San Joaquin Advisory Planning Association" is hereby established. (2) Each City Council of each City which is a party to this agreement and the Board of Supervisors of the County of San Joaquin shall appoint one of its elected members as a member of the Association. Each member agency shall appoint one of its elected members as an alternate member of the Association. Each appointed member of the Association shall have one vote. Each alternate member shall have the rights and duties of the appointed member from the same member agency in the absence of that member. 'The attendance of four appointed members to the Association or duly authorized alternates shall constitute a quorum for the transaction of business. -2- AGREEMENT Page #3 (3) 'Ilse term of office of an appointed member shall correspond to the official tenure of his elected office, but any appointed member may be removed by the body which appointed him. Vacancies in the posi- tion of any appointed member shall be filled by the member agency which made the original appointment. (4) Ex -officio non-voting members acting in an advi- sory capacity shall be District Engineer, State Divi- sion of Highways District X; San Joaquin County Superintendent of Schools: and San Joaquin Local Health District Health Officer. Each ex -officio member may designate one of his deputies or assistants to meet with the Association. (5) Annually, the Association shall elect a Chairman and a Vice -Chairman and Secretary from among its appointed members. The Secretary shall select a Recording Secretary who is an officer or employee of the same member agency as the Secretary. The term of office of the Recording Secretary shall coincide with that of the Secretary. (6) Any member agency may withdraw from the Alliance at any time to be effective thirty days after written notice to the Chairman. (7) The Association shall adopt rules and regulations for the transaction of its business and shall keep a record of its resolutions, transactions and determina- tions. The initial by-laws of the Association shall be those annexed to this agreement, marked "Exhibit A" and incorporated herein by this reference. This Association may recommend amendments to all or a portion of these by-laws in the manner prescribed in the by-laws. (8) Appointed members and ex -officio members shall serve without compensation from the Association. !9) Annually, the Association 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 prior to March 1st. If the Association is formed and operating prior to March 1, 1968, the Association shall adopt a budget for the remainder, if any, of the 1967 fiscal year and for the 1968 fiscal year, and shall submit these budgets to the member agencies for ratification. Upon ratification of any budget by the legislative bodies of all the member agencies, the expenses in that budget shall be financed by the County of San Joaquin. ;all AGREEMENT Page #4 (10) A 11 expenditures of the Association shall be in accordance with the approved budget and shall be dis- bursed is- bursed by the County Auditor -Controller. A 1 1 funds of the Association, if any, shall be deposited in the Treasury of the County of San Joaquin. (11) The purpose of this Association is for cooperative planning of area -wide problems. 'There is no intent in this agreement and these by-laws to limit the powers of each city or county government in any manner. Specifically, the purpose of the Cities and County of San Joaquin Advisory Planning Association is to con- sider collectively and to act upon matters affecting the County and the Cities of San Joaquin County, including but not limited to the following: (a) To develop and maintain a means of cooperative effort and understanding in matters of mutual interest. (b) To provide a forum for discussion, study, and development of recommendations on area problems of mutual interest and concern. (c) To provide coordination of objectives of the General Plans of the County and Cities, to make recommendations for the implementation of such plans, and to consolidate such plans into one comprehensive plan. (d) To review the General Plans at the request of local governments as to their relationship and conformity to the comprehensive plan. (e) To make available and coordinate information between all agencies and to keep them fully apprised of new developments which may affect their future proposals. (f) To receive and review applications on pro- posals for federal government assistance, and to report on their relationships to comprehensive plans or elements of such plans. (12) Under no circumstances shall this Association be empowered to levy taxes nor exercise the right of eminant domain, nor shall this Association be authorized to exercise any administrative or legislative authority over the member agencies., If at any time any of these powers are requested by the Association, the Association shall be forwith dissolved. !M AGREEMENT Page #5 (13) Any new city which may become incorporated here- after within the territorial limits of the County of San Joaquin may, upon such incorporation, request membership in the Association, and shall be entitled to all the rights and privileges of the other member agencies upon filing with the Secretary of this Association of a request to become a member agency and containing an assent to a 1 1 the terms hereof. (14) In any case, where an application for assistance is received by the Association for which review and approval by the Association is necessary, said appli- cation shall be acted upon by the Association within thirty days of the date of the receipt of the appli- cation by the Secretary. Such applications must be delivered to the Secretary by personal delivery or certified mail. ATTEST: RALPH W. EPPERSON COUNTY OF SAN JOAQUIN, a County Clerk and Ex -officio political subdivision of Clerk of the Board of Super- the State of California visors of the County of San Joaquin, State of California By (SEAL) By Chairman Board of Supervisors County of San Joaquin ATTEST: By City Clerk, City of Escalon ATTEST: By City Clerk, City of Lodi CITY OF ESCALON, a municipal corporation By Mayor CITY OF M D 1, a municipal corporation By Mayor -5- AGREEMENT Page #6 ATTEST: By City Clerk, City of Manteca ATTEST: By City Clerk, City of Ripon ATTEST: By City Clerk, City of Stockton ATTEST: By City Clerk, City of Tracy CITY OF MANTECA, a municipal corporation By Mayor ' I CITY OF RXPON, a municipal corporation t i Mayor CITY OF STOCKTON, a municipal corporation By Mayor CITY OF TRACY, a municipal corporation By Mayor EXHIBIT A June 9, 1967 BY-LAWS OF THE CITIES AND COUNTY OF SAN JOAQUIN ADVISORY PLANNING ASSOCIATION ARTICLE 1. - MEETINGS SFS QN 1. Regular meetings of the Association shall be held on the day of at or at any other time or place in accordance with these by-laws. If at any time any regular meeting falls on a holiday, such regular meet- ing shall be held the next day at the scheduled time and place. Any regular meeting may be adjourned to a designated hour and place and when so adjourned, shall be considered as a regular meeting. SECTION 2. Special meetings of the Association may be called by the Chairman or upon written request of three appointed members delivered to the Chairman. Members of the Association shall be given at least seven calendar days notice of any special meeting. At special meetings, only such matters as are spec- ified pec- ified in the notice of the meeting may be considered. Any special meeting may be adjourned from time to time. SECTION 3. All meetings of the Association shall be open to the public. SECTION 4. The Secretary of the Association shall cause written notice of all regular and special meetings to be deposited in the United States mail, addressed to all members of the Association, at least seven calendar days in advance of the meeting. The notice of meeting shall contain at a minimum, a ten- tative agendo for the meeting. ARTICLE 2.- Officers SECTION 1. The Chairman shall preside at all meetings, decide questions of parlimentary procedure, appoint committees authorized by the appropriate membership, and designate the Chairman thereof, call special meet- ings and perform such other functions and duties which may be prescribed by appropriate authority or which is customary of an office of Chairman. SECTION 2. A Vice-chairman shall perform the functions and duties of the Chairman in his absence. -1- EXHIBIT A BY-LAWS Page #2 SECTION 3. The Secretary shall keep good and suffi- cient records of all proceedings of the Association, maintain a record of all financial transactions of the Association, receive and transmit the correspon- dence of the Association, and shall perform such other functions and duties as may be prescribed by appropriate authority. ARTICLE 3. - Operations SECTION 1. The vote on a 1 1 motions shall be by roll call vote and the "Ayes" and "Noes" and members pre- sent and not voting shall be entered upon the minutes of the meeting. SECTION 2. Order" shall Association. The latest edition of "Roberts Rules of prescribe the rules of order for the SECTION 3. These by-laws may be amended by the follow- ing procedure: Written notice of any proposed amend- ment shall be submitted to all members of the Association at least ten days prior to any regular or special meet- ing of the Association. Written notice need not be required if the proposed amendment is submitted to the Association at a regular meeting of the Association prior to the meeting at which the amendment is consid- ered. onsid- ered. If the proposed amendment is recommended by majority vote of the appointed members, the amendment shall become effective when all of the legislative bodies of the member agencies file copies of their actions with the Secretary of the Association ratify- ing atify- ing the amendment. SECTION 4. The order of business at a 1 1 regular meetings of the Association shall be as follows: (a) Roll Call (b) Reading and approval of minutes (c) Financial report (d) Correspondence (e) Old Business (f) Agenda i t e m s (g) New business (h) Public presentations ( i ) Adjournment END -2-