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HomeMy WebLinkAboutCC 4 PADS JT PWRS AG 04-05-82CONSENT CALENDAR TO: FROM: SUBJECT: H(lqORABLE MAYCR AND CITY COUNCIL BILL ~3ST(~, CITY MANAGER ~ TO PADS JOINT POATE~S AG~RP~2qT It is recomnended that the City Council authorize the Mayor to execute the proposed addendum to the Joint Powers Agreement creating PADS. DISCUSSI~: The Board of Directors of PADS has recently voted to reco~nend to the four member cities of PADS that the Joint Powers ~3reement be amended to provide that only elected officials may be ~)ting members of the PADS Board. The agreement currently provides that a staff member my be a votir~ alternate. A letter from the PAD~ legal counsel and the proposed amendment are attached. City Manager Rourke & Woodr March 19, 1982 ;982 Mr. William Huston City Manager City of Tustin 300 Centennial Way Tustin, Ca. 92680 Re: Addendum No. 1 to First Amended Joint Exercise of Powers Agreement--Public Agencies Data System .... Dear Mr. Huston: The Board of Directors of Public Agencies Data System, at their regular Board Meeting of March 18, 1982, unanimously approved a motion recommending the adoption of Addendum No. 1 to the First Amended Joint Exercise of Powers Agreement creating the Public Agencies Data System. This Addendum has the effect of deleting from Section 5.3 of the Joint Powers Agreement the provision which presently allows a staff member to be an alternate delegate to the Board of Directors with full voting powers. It was the feeling of the Board that this provision was no longer appropriate, and that the necessity of having an elected official serve as a regular and alternate insured more regular attendance on the part of the Directors. I would ask that.you have this action agendized for the City Council to approve the Addendum, and upon doing so, if you will notify this office, we will see that the original is provided to the City Clerk in order to secure the necessary signatures. Upon full execution by all of the member agencies, we will then forward a fully-conformed, executed copy to the City Clerk for the official records of the City. We are enclosing herewith a copy of the Addendum No. 1 for distribution, together with a marked up copy showing the respective additions and deletions. Page Two March 19, 1982 If you have any questions, please feel free to give me a call. Very truly yours, ROURKE & WOODRUFF A Professional Corporation Thomas L. Woodruff General Counsel TLW:pj Enclosures cc: City Attorney Mr. John Rodriguez Mr. John Stark © ADDENDUM NO. 1 TO FIRST ~MENDED JOINT EXERCISE OF POWERS AGREEmeNT CREATING THE PUBLIC AGENCIES DATA SYSTEM THIS ADDENDUM NO. 1 to the First Amended Joint Exercise of Powers Agreement is made and entered into by and between the CITY OF BREA, a municipal corporation; CITY OF FOUNTAIN VALLEY, a municipal corporation, CITY OF PLACENTIA, a municipal corpora- tion; and CITY OF TUSTIN~ a municipal corporation, to be effective as of the date executed by the third signatory party hereto. WITNESSETH: WHEREAS, each member agency, signatory to this aareement, has received and considered the recommendation of the Board of Directors to amend Section.5.3 - Governing Board, to delete the provision allowing administrative staff personnel of the member agency to serve as an alternate voting member to the Board of Directors of this Agency. NOW, THEREFORE, for and in consideration of the mutual' promise and covenant contained herein, the parties hereto agree as follows: Section 1: Section 5.3 - ~verning Board of the First Amended Joint Exercise of Powers Agreement Creating the Public Agencies Data System is amended to read as follows: © C "5.3 Governing Board. PADS shall be adminis- tered by a governing board consisting of one (1) person as hereinafter provided, representing each member City, each person serving in an in- dividual capacity as a member of the governing board. Such governing board shall be called the Board of Directors.' The legislative body of each member city shall appoint one of its members in writing as the official representative to the governing Board of D~rectors. It shall also appoint one or more alternates who shall be another meauber of its legislative body. All official and alternate members to the. governing board shall serve at the pleasure of the appointing public agency. The alterna[e member shall be entitled to act in place of and in the absence of the official member of the Board of Directors." IN WI?NESS WHEREOF, the parties hereto have caused this Addendum No. 1 to the First Amended Joint Exercise of Powers Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be -2- O © hereto affi×ed as of the day ~nd yesr written hereinafter by the third executed party hereto. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated:. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: ATTEST: City Clerk APPROVED AS TO FORM: ~ity Attorney Dated: ATTEST: CITY OF BREA, a municipal corporation CITY OF FOUNTAIN VALLEY, a municipal corporation CITY OF PLACENTIA, a municipal corporation CITY OF TUSTIN, a municipal corporation City Clerk APPROVED AS TO FORM: City Attorney TLW:pj:D:03/16/82 -3-