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Home My WebLink AboutAgenda Report - April 3, 1991 (62).� OF 4� CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Modification of Joint Powers Agreement between City of Lodi and the San Joaquin County Council of Governments (COG) MEETING DATE: April 3, 1991 PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council adopt Resolution No. 91-66, a resolution entitled "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." BACKGROUND INFORMATION: Two actions have occurred in the recent past which necessitates the first modification to the Joint Powers Agreement establishing the San Joaquin County Council of Governments since that agency was formed in 1983. The first is the incorporation of the City of Lathrop in 1989. The second is the passage by the voters in 1990 of Measure K putting in place a 1/2 -cent sales tax earmarked for local transportation improvements. The attached modification (Exhibit A) provides for membership on COG of one representative of the City of Lathrop. It also provides that the new quorum be increased from five members to six; and that the Executive Board now consist of X our members instead of three. Finally, the modification provides language to permit COG to coordinate the distribution of Measure K funds as set forth in Measure K. FUNDING: None required Respectfully submitted, Thomas A. Peterson City Manager TAP:br Attachment CSM -174 APPROVED:. _ THOMAS A. PETERSON City Managor J cc -1 RESOLUTION 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 E�11c'1.71r� Alice M. Rei mche City Clerk 91-66 RES9166/TXTA.02J FIRST MODIFICATION OF JOIVT POWERS AGREEMENT ESTABL:SHING THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS This First Modification entered into as of the :sr_•;av of March, 1991, by and among the incorporated cities of ESCALON1, LATHROP, LODI, :•IANTECA, RIPON, STCCRTCV and TRAC':, 3Z:municipal corporations, and the COUNTY OF SAN JOAQUINI, 3 001it:Ca: suo- division of the State of California. :7I7VESSETu: WHEREAS, the cities of Escalon, Lodi, :tanteca, Ripon, Stockton and Tracy and the County of San Joacuin entered into a Joint Powers Agreement on November 1, 1983, establisnir., the -:;N JOAQUIN COUNTY COUNCIL OF GOVERNtIENITS; and, WHEREAS, the City of Lathrop was incorporated affective July 1, 1989; and WHEREAS, the City of Lathrop has been participating as a member of the SAN JOAQUIN COUNTY COU ICIL OF GOVERNMENTS; and, WHEREAS, the parties desire to formalize the City of Lathrop's membership of the SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS; and, WHEREAS, the County of San Joaquin designated the SAN JOAQUI:7 COUNTY COUNCIL OF GOVERNMENTS as the San Joaquin County Local Transportation Authority; and, WHEREAS, the parties hereto wish to amend the Joint Powers Agreement to give the SAN JOAQUINI COUNTY COUNCIL OF GOVERNPIENTS taxing powers as the Sap Joaquin County Local Transportation Authority; f L L - NOW, THEREFORE, IT IS MUTUALLY AGREED to modify the Joint C 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 tv 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 Hoard of Supervisors ref the County of San Joaquin; and C(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' mavor, 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 i:mmediateit 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 secular member from anv meeting of the COG Board, ,.he --rnate sail be entitled to participate in all respects as a _:,;u:ar member of the COG 3oard. All members and al_ernat2s snail ::e duly elected representatives of tlei_ :eun- cils or Board of Supervisors. A quorum for conducting all :tatters of business ^.a_. ze six (6) members. The affirmative vote of at '_east 1 of the quorum present shall be required for `he acprcval any matter. The COG Board shall adopt rules of procedure and scall establish a time and place for regular SAN :OA0'::: CCU�]T': COG meetings. At any meeting, the COG Board may consider sucm 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 (i) mer bers of the COG Board - 3 - i- elected 5y the COG Board. The Chairperson of COG shall 5e ll the Chairperson of the Executive Committee and shall serve on it as the representative of his/her jurisdiction. The Executive Committee shall ^ave such powers as are not inconsistent with this agreement and as atalanated to by the 3-r Laws . The Bylaws of the SAN JOAQU I:I COUNTY . OG shall be those annexed to this Agreement :larked Exhibit A and incorporated herein by this reference. Amendments to all or a portion c= these Bylaws may be made in the manner prescribed in the Bylaws. 2. Section 7, FINANCING, is modified to read as .allows: 7. FTNANCI`IG (a) Fiscal Year The SAN JOAQUIN CCU,JTY CCG fiscal year shall be July 1 through June 30. (b) Annual Financial Suonort: 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. i ! any party to this agreement, .n the •�xOrcise zhe reasonable discretion of its overninq -ody, may provide sup- port for the SAN JOAQUIN CCUN17Y CCG, _ts star and its ore- fessional consultants, including rovi?inc sucti ;u3rters, janitorial services and maintenance, supoiies, "rintinc and duplication, postage, telephone servizes, _ranscortation ser- vices, and such professional and technical assistance as may 4 ' a } be necessary to enable SAN JCAQUIN COUNTY CCG to per=..rm i i responsibilities. All such assistance shall be provi-:ed on an at -cost basis. Under no circumstances, except as prov'_,�ed _n i ) oel:_w, shall the SAN JOAQUIN COUNTY CCG ce emoowered to ie:v :_axes nor exercise the right of eminent :omain. SAJ :C ;r ':: -C-U-':TY COG shall apply for available State or federal support '•.nds and shall make new and additional=pplicaticns 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 SACT JOAQUIN COUNTY COG shall be empowered to levy and expend tax revenues authorized in San Joaquin County Local Transportation Authority Ordinance 491-01 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 Count;: Local Transportation Authority rdinance 491-01 taxes have been levied and expended. 3. all other provisions of the parent agreement remain in =;:11 force and effect. IN ' ITNESS WHEREOF, the aar__es hereto have caused �h.s :modification to be executed by their respecti•,e officers. ATTEST: Citv Cleric APPROVED AS TO FORM: By Title ATTEST: City Clerk APPROVED AS TO FORM: By Title Ci_. OF ESCALON Title CITY OF LATHROP Title ATTEST: CITY OF LODI City Clerk APPROVED AS TO FORM: By Title Title MIM ATTEST: CITY OF MANTECA City Clerk APPROVED AS TO FORM: By Title Title ATTEST: C:TY OF RIPCN City Cienc APPROVED AS TO FORM: By Title Title ATTEST: C:TY OF City Clerk APPROVED AS TO FORM: By Title Title ATTEST: CITY OF TRACY City Clerk APPROVED AS TO FORM: By Title Title - 7 - COUNTY OF SAN JOAQUI`!, a ooli- ATTEST: JORETTA J. HAYDE tical subdivision of the State Clerk of the Board of Super- of California visors of the County of San Joaquin, State of California 3v 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 -a- Aft CN S :ITY COUNCIL CO- .'oo DAVID M. HINCHMAN, .-Mayor JAMES W. PINKERTON. Jr. Mayor Pro Tempore. PHILLIP A PENNINO JACK A. SIEGLOCK JOHN R (Randy) SNIDE R CITY OF LODI Mr. Peter Verpoorn Executive Director San Joaquin County Council of Governments 1860 East Hazelton Stockton, CA 95201 Dear Mr. Verpoorn: CITY HALL, 221 WEST PINE STREET P O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 rAX (2091333 6795 April 8, 1991 THOMAS A. PETERSON City Manager At ICE M REIMCHE City Clerk BOB MCNATT City Attorney Enclosed herewith is a certified copy of Resolution No. 91-66 entitled, "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", which was adopted by the Lodi City Council at its meeting of April 3, 1991. Should you have any questions, please do not hesitate to call us. Very truly yours, Alice M. Re mche City Clerk AMR/jmp Enclosure cow SaiI \'oaquin Courtly Council — Governments 1Nember Agoncir- (ilius 'If F-�- c+n. I-rthrap, I A< 11, Msnteca, Rilxni, Slockrnn.'Cracy,('arnty. n( San )aayccin Mr. Thomas Peterson City Manager 221 W. Pine Street Lodi, CA 95240 Dear Mr. Peterson: March 5, 1991 AIR 14L -9.1; Ciiv hiarngprs office >rnclosed is the first modification of the Joint Powers Agreement establishing the San Joaquin County Council of Governments. In addition to the changes in the Financing Section which permits COG to carry out its responsibilities as the Local Transportation Authority, it also recognizes the City of Lathrop which took action to join the COG shortly after its incorporation. Please schedule this item for formal Council approval as soon as possible. After notification of approval from each city and the county I will circulate nine copies for appropriate signatures. A fully executed copy will be sent to each entity for their records. Should you have any questions, please feel free to contact me. Very truly yours, PETER D. VERDOORN Executive Director PDV/bm Enclosure 1960 F. ILvrIf, -a Arcnctc • Stockton. Calif, ,mi. -i 't5'r15 . i.•nOl.lhR. ic)I t FA X: (20) -168 3131 + :try_innni Transporfalinn Planning! Agency, 1.nr11'I'ranym I:diou Anthnrilr'. 1'nn)±#,"ic+n Manny-menl Agency. Airport Land Use Cortunission