1989-0209_ORANGE , COUNTY OF_Memorandum of Contract (2) Copy
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Agreement made between the (List all members) hereinafter
collectively or individually referred to as"Member Agencies."
RECITALS
A. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500)of the
California Government Code authorizes two (2) or more public agencies to jointly exercise
any power common to them.
B. Each Member Agency and parry to this Agreement is a(governmental)entity
established by law with full powers of government in legislative administrative,financial
and other related fields.
C. Member Agencies realize the urgent need for areawide planning and
coordination in order to provide advice to public entities on a range of issues that affect
multiple interests.
D. Member Agencies believe that the joint exercise of their powers will provide
an organization capable of conducting studies and projects designed to improve and
coordinate common governmental responsibilities and services on an areawide and regional
basis through a the establishment of an association of governments.
E. Member Agencies wish to create a unified subregional organization which
will improve Orange County's abilities to be represented in the southern California region,
the State of California and the nation on issues and matters that affect collective Orange
County interests.
F. Member Agencies believe that an Orange County Council of Governments
is best suited to accomplish the preparation of subregional plan components mandated by
�� nom- HtqVe 516,r7Pd cO-C,a�f
state and federal law, conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an areawide and regional basis
through the establishment of a council of governments, and explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the
parties as herein expressed Member agencies agree as follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the Orange County
Council of Governments (OCCOG) which shall be a public entity, separate and apart form
any member city or county. The Orange County Council of Governments shall be
governed by the terms of this Joint Powers Agreement and the Rules,duly passed and
adopted by the Board.
SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill the
purposes of this Agreement. In addition to the specific functions described in
Exhibit I to this Agreement, the COG shall::
a. Serve as a forum for consideration, study and recommendation on area-
wide and regional problems;
b. Assemble information helpful in the consideration of problems peculiar to
Orange County;
C. Explore practical avenues for intergovernmental cooperation, coordination,
and action in the interest of its members;
d. Seek economies of scale whenever practical in the administration of
governmental services;
When authorized, OCCOG shall have the power in its own name to do any of the
following:
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a. To exercise jointly the common powers of its members to manage and
administer any Implementation Agreement or program,
b. To make and enter into contracts;
c. To contract for the services of engineers,planners, financial consultants and
others and apart therefrom to employ such other persons, as it deems
necessary;
d. To adopt rules, regulations, policies, bylaws and procedures governing the
operation of OCCOG;
e. To apply for grants under any federal, state, regional or local programs as
needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds, services
and other forms of financial assistance from persons, firms, corporations
and any governmental entity;
g. To the extent not specifically provided in this Agreement, to exercise any
powers authorized by the member interests to achieve the OCCOG's
objectives.
SECTION 3
ORGANIZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement,or any addenda,amendment,of
supplement thereto, and which has not, pursuant to provisions hereof,
withdrawn from the OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors (The Board) a resolution
adopted by its governing body. The Board shall review the petition for
membership and shall vote to approve or disapprove the petition. If the petition is
approved by a majority of the Board the petitioning entity shall become a member of
the OCCOG.
The names and addresses of the member parties at any time shall be shown
on Exhibit 2, attached, as amended or supplemented from time to time.
3
3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG. The
withdrawal of a member entity shall become effective ninety (90)days after a
resolution adopted by its governing body which authorizes withdrawal is received
by the OCCOG.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the successor in
interest to the Orange County Regional Advisory and Planning Council (RAPC).
SECTION 4
BOARD OF DIRECTORS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this agreement, the
Board would ideally be composed of elected officials and ex-officio(non voting)
representatives of the following entities:
Entity No. of Voting Members
Orange County Division,League of California Cities 1
County of Orange 1
Orange County Transportation Authority 1
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOGWater Agencies Representative 1
Orange County Cities Representative to AQMD 1
County of Orange Representative to AQMD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
4
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG district representatives,
participation/membership in SCAG is not a prerequisite for OCCOG membership.
For SCAG District representatives to OCCOG who are not members of SCAG,
OCCOG membership will be determined by the jurisdiction(s) that constitute the
SCAG District. This applies to both City and County representatives.
4.3 AQMD Governing Board Representatives
The AQMD representatives to OCCOG shall be the Orange County Cities and the
County of Orange representatives to the Governing Board of the South Coast Air
Quality Management District. Should the Cities AQMD Governing Board position
be vacant, the vacancy on OCCOG shall be filled through the City Selection
Process of the Orange County Division, League of California Cities. Should the
County's AQMD Governing Board position be vacant, the vacancy on OCCOG
shall be filled by the Orange County Board of Supervisors.
4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange (1 member), the Orange County
Transportation Authority(1 member), the Orange County Transportation Corridor
Agencies (1 member), and the Orange County Sanitation Districts (1 member) will
be appointed by these agencies' governing boards.
The representative (1 member)from the Orange County Division,League of
California Cities will be appointed by that organization's Executive Steering
Committee.
The at-large representative of the Orange County Cities will be selected annually by
Orange County cities through the City Selection Committee.
The Independent Special Districts of Orange County (ISDOC)I water agency
representative will be determined by its Board of Directors.
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4.5 Private Sector Representation
An ex-officio, non-voting representative from the private sector (as determined by
the OCCOG) will be determined by that private sector entity.
4.6 University Representation
An ex-officio, non-voting representative from the major universities in Orange
County (UCI, CSUF and Chapman) will be selected from these institutions. This
representative will be rotated among these universities on an annual basis based on
the above-listed order.
4.7 TemwRemoval
With the exception of the Cities at-large member(who is appointed annually), and
the university representative, Board members serve at the pleasure of the appointing
entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member of the
appointing entity,he/she shall no longer serve on the OCCOG Board The
appointing entity is encouraged to fill vacancies as expeditiously as possible to
ensure representation on the voting Board of Directors.
Each Board member can designate an alternate,provided that said alternate serves a
similar capacity in the entity as the Board Member(i.e.,elected officials for voting
members). Alternate directors shall receive all meeting notices and written material
sent to directors and shall have the right to participate and vote at meetings of the
Board on the absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a director shall
apply to an altemate director.
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions,and the right to place matters on the agenda,but
shall not be counted towards a quorum of the Board and shall have no vote.
6
4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by serving on
various boards, committees, etc. In instances where elected officials represent
more than one OCCOG member agency, the official will choose one agency to
represent. When an elected official is the sole representative of an agency, the
elected official shall represent that agency on the OCCOG Board of Directors.
Procedures for filling open OCCOG member positions will follow those described
in this Sections 4.2, 4.3, and 4.4.
4.11 Officers
Chair. The Chair of the Board shall be elected annually at the first regular meeting
of each calendar year. Any director may be authorized to represent the Board upon
approval by the Chairman.
Vice Chair. The Vice Chair of the Board shall be elected annually at the first regular
meeting of each calendar year, and have all the powers to act in the place of the
Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for acting on the
business of the Board. If such number of Board members is an even number, a
majority shall be one more than half the number of appointed directors to the Board.
4.13 Meetings
Regular Meetings: Regular meetings of the Board shall be held every month
according to a schedule approved by the Board at its first meeting each calendar
year.
Special Meetings: Special meetings may be called by the Chairman or a quorum of
Board members.
Brown Act: All meetings shall be called and conducted in accordance with the
Ralph M. Brown Act.
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4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG and its
support structure will be established and approved by the OCCOG Board.
SECTION 5
STAFFING. FUNDING AND ADDITIONAL RESPONSIBILITIES
5.1 Staffing
The League of California Cities, Orange County Division, shall serve in a lead
capacity in coordinating staff resources among member entities to accomplish
OCCOG work efforts and assignments. Member entities recognize that OCCOG
tasks will often benefit from "in-house" expertise, thus will work to coordinate
with individual member entities for the provision of staff to assist in the completion
of assigned tasks and to minimize operational costs. Private sector contract
assistance can be managed by either OCCOG or the member agencies.
Support to OCCOG will be provided primarily through the following structtttes:
a. Executive Management Committee(EMC): The EMC will be comprised of
executive directors of the member agencies as well as five City Managers as
appointed by the President of the Orange County City Managers Association. The
EMC will enable executive and management-level review and discussion of issues
under OCCOG's purview, and provides a liaison between elected officials and
technical staff on such matters. The EMC will meet on a monthly basis in support
of OCCOG's activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee (TAC): The TAC will be comprised of staffs
from the member agencies and will provide technical review of regional activities
per the direction of OCCOG and/or the EMC.
c. Private Sector Task Force (PSTF): The PSTF will provide private sector input
to OCCOG on air quality issues and on other issues tinder OCCOG's purview
where the OCCOG deems it appropriate for such input.
8
d. Other Committees, as determined necessary and convened by OCCOG, will
provide assistance in meeting OCCOG objectives.
5.2 Funding
Funding for the Council's operation will be provided by monies provided to Orange
County from the Southern California Association of Governments,member and/or
non-member entity financial contributions, grants, and other sources authorized and
approved by the OCCOG Board of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit I, additional
responsibilities will be undertaken by OCCOG in accordance with the following
procedures.
a. Requests to Examine Issues and Provide Input/Recommendations:
Requests from non-member and member agencies may be made to OCCOG to
examine activities and provide recommendations. The OCCOG shall assign the
Executive Management Committee the task of examining staffing/funding issues
and providing recommendations to OCCOG on how and whether it might choose to
pursue the request In addition to considering potential staffing/funding
constraints, the EMC will also base its recommendations, and the COG shall
consider,on whether the request/issue has strong countywide support among
OCCOG members and can reduce or eliminate duplication, improve efficiencies and
otherwise achieve countywide consensus and OCCOG objectives.
b. Assignment of Responsibilities to OCCOG: Should requests from member
and/or non-member agencies be made for the OCCOG to assume responsibility for
delivery of services, development of plans,programs or similar activities, the
OCCOG would assume said responsibilities upon a 2/3 vote of its Board of
Directors, with concurrence of the affected agency (ies).
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SECTION 6
FINANCES
6.1 Budget
Prior to July Ist of each fiscal year, the Board shall adopt a preliminary budget.
Prior to September 1st of each fiscal year, the Board shall adopt a final budget.
6.2 Designation of Treasurer and Auditor
The Board of Directors shall, in accordance with applicable law,designate a
Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code and
such duties as may be required by the Board. The Auditor shall perform such
functions as may be required by provisions of applicable law, this Agreement and
any OCCOG bylaws and the direction of the Board.
6.3 Obligations of the OCCOG
The debts, liabilities and obligations of the OCCOG shall be the debts,liabilities or
obligations of the OCCOG alone. No member of the OCCOG shall be responsible,
directly or indirectly,for any obligation,debt or liability of the OCCOG,
whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds and shall
require strict compliance with such policy. The policy shall comply, in all respects,
with all provisions of applicable law.
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of,and disburse
OCCOG funds and properties and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
10
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which are
deemed necessary to account for and report on the various sources of funds,
expenditures, grants, programs and projects and, as may be required by good
accounting practice,the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the members agencies at all reasonable times.
SECTION 7
INDEMNTrY
7.1 Hold Harmless and Indemnity
Each patty hereto agrees to indemnify and hold the other parties harmless from all
liability for damage, actual or alleged, to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party of its
employees.
7.2 The member agencies, and their employees, officers,members and directors will
not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG) for any acts or omissions related to the service to
OCCOG described in Section 5.1. OCCOG and its members will indemnify and
hold the members harmless from any obligations,costs.claims,judgments,
attorney's fees, and/or attachments in any way connected with the services provided
to OCCOG under this agreement.
SECTION 8
TERMINATION AND DISSOLUTION
8.1 Termination
The OCCOG shall continue to exercise the joint powers herein until the termination
of this Agreement and any extension thereof or until the parries shall have mutually
rescinded this Agreement; providing, however, that the OCCOG and this agreement
shall continue to exist for the purposes of disposing of all claims,distribution of
assets and all other functions necessary to conclude the affairs of the OCCOG.
Termination shall be accomplished by a majority action of the Board.
11
• i
8.2 Distribution of property and Funds
In the event of the termination of this Agreement, any property interest remaining in
OCCOG following the discharge of all obligations shall be disposed in accordance
with Government Code Section 6512.
SECTION 9
MISCELLANEOUS
9.1 Effective Date
This Agreement shall be effective and the Orange County Council of Governments
shall exist from and after such date as this Agreement has been executed by 50
percent plus one of the cities or the County of Orange in Orange County
representing over 50 percent of the County's population.
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IN WITNESS WHEREOF, the parries hereto have executed this Agreement as evidenced
by the signatures below.
ORANGE COUNTY COUNCIL OF GOVERNMENTS
DATED:
By:
ATTEST:
DATED: August 6, 1996 CITY OF SAN JUAN CAPISTRANO
Mayor Yyatt Hart
Attest:
(qh 04
City Clerk, San Juan Capistrano, CA
cagn�+[weP+ga
13
MEMBERS OTHE CITY COUNCIL
CO
COAENE CAMPBELL
HART
OIL JONES ES
,� IAf0Al01PI10 CARO
N
1776 1961 DAVID
1776 DAVID SVIERDLIN
'r CfiY MANAGER
` GEORGE SCARBOROUGH
August 12, 1996
Janet M. Huston
Executive Director
Orange County League of California Cities
600 West Santa Ana Boulevard, Suite 214
Santa Ana, California 92701
Re: Joint Powers Powers Agreement - Oranae County of Governments- Orange ountyCouncil of Governments
Dear Ms. Huston:
At their meeting of August 6, 1996, the City Council of the City of San Juan Capistrano
approved the City's participation in the Joint Powers Agreement Creating the Orange
County Council of Governments.
Enclosed are two copies of the Joint Powers Agreement which have been signed by City
officials. Once the Agreement has been fully-signed, please return a copy to the City
Clerk's office.
Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-
6308.
Very truly yours,
Cheryl Joh on
City Clerk
Enclosure
cc: Building Industry Association of Orange County
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
Bob Geiss 714-472-9763(voice) 714-472-0585(fax) 7/22/96 23 06.06 Page 1 of 1
Concerric. I C11,1zcnS CornrTI11,Ix,
of Orange County
EXECUTIVE BOARD 22166 Tmna Dnvc
H.C (ki, Lxke fircesl,CA 726311
'1'lu�tnxs l' Logen Phone 7l'1-'17?'17/3
R 01ICll V Pciingcr 71'1-172-11585
VmImk Queney 7/22/76
Hun. Eddie Huac
Winn Scary
Tum Sleele
Ms. Laurann Cook, President July 21, 1996
Lca.gu c of California. Cilics
600 West Santa Ana Boulevard, Suite 214
Santa Ana, CA 92701
Dcar Ms. Cook,
1'han ks for your Icticr in response to our press release. We don't think we arc missing nuwh about the Council
of Governments, as your letter implies. We have done our homework and find that the COG is an organization
slallul with pcoplc who wcrc clectud or appointed to jobs other than COG. 'lhcir appointments to COO
provides another layer of officialdom who putynort to speak for the County with no direct accountability to the
ciccloralc in this self-anointed role. Logically, ori Board of Supervisors and the bloated County
administration should speak for the County on the regional issues that COG wants to address were they not
hamsix ng with incIllcicncics, lack of vision, and litigation for job malpraclicc. While we share your distaslc
for the Southern California Association of Governments (SLAG), we tail to see how another parallel overlay
organization like COO would do bulla.
the Concerned Cilizcns Comrailluc is based on our vision that good govcrmmnc:nl doesn't necessarily cyuaw to
bigger, more paternalistic, and more intrusive government. We do research, education and advocacy to tiuther
that vision. Our research has shown us that the principles of C(Ki just arc not worth supporting and should be
resisted if not opposed outright- COG is an admitted offshoot of the League of Cities and the League's
positions on the dcfcalcd (-)C Charlcr-Mcasurc '1 (was for it despite its glaring faults), and the dufeaual (-)l'
sales tax increase- Measure R (tailed to oppose the tax increase) gives plenty of cause for alarn_ Also, the
Lcaguu's advocacy for increasing local govcnuncnl's taxing power and its repealed allcmpls to undermine the
protections that propositions 11 and lit afford the tax givers is an alanning direction for any group to take, let
lone [hill purports to speak for [hc cilics and the taxpayers that indiabil them.
In sumimary, we arc opposed to another layer of govcrmu:nt [hal purports to speak for us on Coun[,y-wide
issues, yet with no direct accountability to the electorate in that role. The past petonnance of the Teague of
(-'dies:cid SCAB supports that concern. History has proven [hill any layer of bm-caucracy, no maltur how well-
intentioned at its conception, grows firm birth and is nigh to impossible to kill by the citi CIMN- it supposedly
serves even well allca its uscfulnuss is pas[.
R. e. geidd
Robot C. Guiss,
Acting Chairman
/ J Concerned Citizens Committee —cc: OC Cities
X SLOTS
117 P02/05 JUL 12 '96 17:05
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BUENA PARK Q'" July 12, 1996
COSTA MESA
CYPRESS
DANA PO1N7' DIVISION COMMITTEE OPPORTUNITY
FOUNTAIN VAIJ.EY (City Selection Committee Appointment)
FULLERTON
GARDEN GROVE
HUNTINGTON BEACH POSITION: Council of Governments (COG) At-Large
IRVINE Representative.
LA HABRA
LA PALMA
LACUNA BEACH RESPONSIBILITIES: The Orange County Council of
LACUNA HILLS Governments will provide Orange
LACUNA NIGUEL County with an arena for its public
LAKE FOREST agencies to exchange ideas and
LOS ALAMITOS information,conduct studies and projects
MISSION VIEJOIto improve common government
NEWPORT BEACH responsibilities,build consensus among
ORANGE members on regional and sub-regional
PLACENTIA issues, advocate Orange County interests
SAN CLEMENTE at the regional, state and federal level, and
SAN JUAN CAPISTRANO assist in coordinating sub-regional
SANTA ANA planning efforts.
SEAL BEACH
STANTON
TUS IN COUNCIL COMPOSITION: 21 voting members: one (1)
VILLA PARK representative from each of the following
WESTMINSTER organizations: O.C. Division League of
YORBA LINDA CA Cities; County of Orange; O.C.
Transportation Authority; Transportation
Corridor Agencies; O.C. Sanitation
Districts;ISDOC/Water Agencies; O.C.
Cities' AQMD rep.; and an At-Large
O.C. City rep. The 12 representatives
from the O.C. Delegates to SCAG. One
non-voting, ex-officio representative
from the private sector and one from the
universities.
� 9,
X l07S'
�J PRESIDENT:Lr9mnnCuok.C.mul MamM;r.C.11.1F...rL-Vallay;PIRSTVICEPRESIDENT.Walty Lwn.Mayo,,City ol'IA PYImA;
SECOND VICC PRPSIDENT:Bur Arry,V ill y.City nl Rrm;PAST PRESIDENT:Cko4 Smith,Mayw'.City nl Wnnmimwr.
STATE LEAGUE DIRECTOR:Ronald Bow,C,, n it Mem N:r.City aI Ln,Alamiew,RRSIMUTIONS COMMITTER CHAIRMAN:M.1 Xmmbrckk,Cuowl Mm .Clty of CPew M9 ;
ORA RPPRfSCNTATIVE:Thin WIlm9.May,,11v y'cm,City of Lagm+o Nlkw;ll F.XEPUTI VE DIRECTOR 1mm1 M.NuiMn
JUL 15 1996
117 P03i05 JUL 12 '96 17:05
COG At-Large Representative
Opt'unity Notice
July 12, 1996
Page, 2
MEETING TIME:
The first meeting of the Orange County Council of
Governments (COG) is scheduled for Thursday,
August 15, 1:00 p.m. at Irvine City Hall. The
regular meeting day and time will be set at the first
meeting based on the members' preference. It is
anticipated the COG will meet monthly.
MONTHLY MEETING To be determined at the initial meeting of the COG.
LOCATION:
CO1 PNSATION: None.
ELIGIBILITY: Any Council Member from an Orange County
city which has signed the Joint Powers Agreement
is eligible to serve as the Orange County Division
rep.
TER�OF OFFICE: The COG At-Large term of office will be determined
by the City Selection Committee at its August 8,
August 8, 1996 meeting which takes place after the
Division's General Meeting.
SEL�CTION PROCEDURE: An application form is attached. Candidates must
also secure a nomination from the floor at the
meeting during which the election is held. Election
requires the support of 16 of the County's 31
mayors. Candidates may wish to send letters
announcing their candidacy to the mayors of the 30
other cities. The Division requests that a copy of the
candidacy letter and/or the completed application be
sent to the Division office:
Orange County Division,League of California Cities
600 West Santa Ana Boulevard; Suite 214
Santa Ana,CA 92701
DEADLINE: July 29, 1996
117 PO4/05 JUL 12 '96 17:05
C At-Large Representative
Op rtunity Notice
July 12, 1996
Page 3
ELECTION PROCEDURE: The elections will take place before the City Selection
Committee at the August 8, 1996 General Meeting of
the Division.
Division By Laws require representatives to attend at least 50%
of a meetings of the committee/commission to which they are
app inted and not miss three (3) consecutive meetings. In
add tion, representatives are to attend at least 50% of the
Division's monthly meetings.
117 P05/25 JUL 12 '96 17:06
Orange County Division
League of California Cities
C4NDIDATE STATEMENT FORM
Applying fur: District (if applicable):
Name City
Current Council Position Years of Service as Elected Official
Occupation
Activities, committees, terms as mayor and other positions held within your city
Positions held within the League of California Cities - please list all Sate and Division activities
Other current civic activities
Describe your qualifications for the current vacancy. Attach additional sheets if necessary
I understand the time commitment mquircd by this position and, if appointed, will Fulfill my responsibilities as a
represenrauye of Ontrtge County Cities through regular attendance and active participation.
( Signature Date
l
t
AGENDA ITEM August 6, 1996
TO: Honorable Mayor and Members of the City Council
FROM: George Scarborough, City Manager
SUBJECT: Consideration of Participation in Joint Powers Agreement Creating the Orange County
Council of Governments
RECOMMENDATION:
Move to approve participation in the Joint Powers Agreement Creating the Orange County Council
of Governments and authorize the Mayor to execute the agreement on behalf of the City Council.
SITUATION:
Summary and Recommendation
The City of San Juan Capistrano has been invited to participate with other Orange County cities and
governmental entities in the Orange County Council of Governments. Attached for City Council
consideration is a Joint Powers Agreement establishing the Orange County Council of Governments.
It is recommended that the City vote to approve the Joint Powers Agreement and participate with
other supporting cities and governments in this joint endeavor.
Background
During the past year a number of activities have been occurring in Orange County to explore
mechanisms for the increased coordination among governmental agencies, with a goal of improving
the efficiency and effectiveness of local government county wide and within the southern California
area. Since the County of Orange filed for bankruptcy under Chapter 9 of the United States
Bankruptcy Code, Orange County Cities have assumed a lead role in developing solutions to assist
County government to recover. Cities, which represent 94 percent of the population of Orange
County were also quick to develop mechanisms addressing issues related to governmental
restructuring, privatization of services and sale of County assets, and a county charter.
Interwoven through many of these activities has been the idea that a Council of Governments could
provide a single forum at which Cities and other agencies could discuss issues of mutual concern,
build consensus and pursue innovative and effective solutions to matters that are of county wide
concern. On September 14, 1995, the Orange County Division of the League of California Cities
adopted a report from its Restructuring Supercommittee, comprised of elected officials participating
in three subcommittees to examine issues of privatization, a county charter, and service delivery. A
COG was recommended by the Subcommittee on Services Delivery as a forum where continued
restructuring discussions could occur, and also as a potential entity for the delivery of regional
services should longer-term restructuring of the County actually occur. Regional services were
defined as those services that are not municipal in nature or specifically assigned to county
government as an implementing arm of federal and state government. (As a follow-up to the
recommendations of the Restructuring Supercommittee, the Division's Executive Steering
Committee, in developing its annual Strategic Plan, identified the formation of a COG as one of its
top priorities for 1996. The Strategic Plan was adopted by the full Division membership in January,
1996.)
In addition to the Supercommittee report and recommendations for a COG as a potential longer-term
services entity, a City Manager's Regional Issues Task Force has been regularly meeting since March,
1995 to examine avenues for improved coordination on regional activities within Orange County and
the southern California region. This group's focus was different than that of the Restructuring
Supercommittee, as the Task Force looked to find ways to augment Orange County's standing among
regional and subregional entities that impact the development and implementation of regional issues
policy in southern California. In May, 1995, the Task Force issued a report to the President of the
Orange County Division, recommending a COG as an entity to fulfill this role. The City Managers
at that time also recommend that a process for establishing a COG be developed. In February, 1996
the Task Force approved a proposal to form a COG consistent with the materials provided as
attachments to this report, which include the following:
Basic components of the proposal are included and address issues such as membership, duties,
funding and staffing. It should be noted that the OCCOG proposal brings together representatives
into a single,voluntary, forum unlike any that exists in the state. The OCCOG proposal also includes
representatives from the private sector and from universities as well as governmental entities so that
issues discussed within the OCCOG forum are thoroughly examined by a number of disciplines and
perspectives. It is important to note that this proposal is unique in that the OCCOG would be the
only organization of this nature in the state to include single and special purpose agencies, business
and education.
Though the City has been invited to participate in the Council of Governments as a member, not all
members serve on the Board of Directors. The City's interests would be represented by the voting
member from the Orange County Division of the League of Cities and by the At large Orange County
Cities member. San Juan Capistrano would have the opportunity for direct participation were a
representative from this city selected as either the Orange County Division League member or At
large city member.
Also attached are the following materials that serve as background information:
Resolution I-96: Resolution of the Orange County Division, League of California Cities Supporting
the Formation of an Orange County Council of Governments.
Questions and Answers about an Oran eg County Council of Governments: This information provides
written responses to commonly asked questions about the proposal. The responses to questions also
provide insight to how simple and forthright the COG proposal is, and directly responds to the
misinformed who have not read the proposal and claim the COG to be something other than what is
intended, that being a consensus-building advisory mechanism for Orange County.
Summary of Typical COG Roles and Responsibilities: Overall work program budgets of ten"urban"
COGS throughout California were examined to ascertain what kinds of activities COGS typically
perform. As the summary indicates, COG responsibilities are quite diverse and varied. Orange
County's proposal to initially focus on six topical areas is a result of a careful consideration of
activities that need immediate attention in Orange County, but which are not now (or should be)
provided by an single Orange County entity. Orange County is the only large urban area in California
without a Council of Government.
Kev Dates: Some of the key dates/milestones that have occurred during this past year are provided,
and are indicative of the deliberate, careful and open process that has been undertaken to bring the
proposal to this point.
A Primer on Councils on Government: Provides general information on COG organization and
functions.
The attached materials are indicative of how the recommendation to pursue formation of a COG has
come only after months of intense study and discussion. A COG is seen as a unique opportunity for
Orange County cities and affected agencies and interest to address a number of regional activities in
a coordinated and comprehensive fashion, and can be accomplished without adding an additional layer
of government. In fact, it is envisioned that the COG will achieve considerable cost savings by
bringing agencies together to work harder to find new ways to continue needed tasks to pursue the
elimination of duplicative work.
Concern about the COG has been expressed by the Building Industry Association of Southern
California, Orange County Chapter(BIA). The BIA's letter of concern was provided to you under
separate cover, prior to this item being placed on the agenda. The Orange County Division League
of Cities staff have met with BIA representatives to further explain the COG concept and listen to
their concerns. The issues raised by the BIA can be addressed at the time the COG develops its
bylaws. One of the first items of business the COG Board of Directors will consider will be the
development of bylaws. From this discussion, direction will be given to staff regarding any changes
to the Joint Powers Agreement to address BIA concerns.
Thus far, 25 Orange County cities have voted to participate in the Council of Governments. No cities
have elected to modify the document prior to approval, as was requested by the BIA. Staff
recommends that the document be approved as submitted.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Funding for the Council's operation will be provided by the monies provided to Orange County from
the Southern California Association of Governments, member and/or non-member entity
contributions, grants and other sources authorized by the COG Board of Directors. Member
contributions are not member dues; contributions are specific funds provided by a Member Agency
requesting COG consideration of a specific issue important to that jurisdiction. There is no direct
cost to the City to participate in the Council of Governments.
NOTIFICATION:
Orange County Division, League of California Cities
Building Industry Association, Orange County Chapter
ALTERNATE ACTIONS:
1. Move to approve participation in the Joint Powers Agreement Creating the Orange County
Council of Governments and authorize the Mayor to execute the agreement on behalf of the
City Council.
2. Move to approve participation in the Joint Powers Agreement Creating the Orange County
Council of Governments subject to modifications, and authorize the Mayor to execute the
agreement.
3. Request more information from staff.
RECOMMENDATION
Move to approve participation in the Joint Powers Agreement Creating the Orange County Council
of Governments and authorize the Mayor to execute the agreement on behalf of the City Council.
Respectfully, submitted,
4rgeG arbo
ger
GS:ms
Attachments: Joint Powers Agreement
League Resolution Supporting Formation of Council of Governments
Questions and Answers Sheet
Additional Information from Orange County Division League of Cities
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Agreement made between the (List all members) hereinafter
collectively or individually referred to as"Member Agencies."
RECITALS
A. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the
California Government Code authorizes two (2) or more public agencies to jointly exercise
any power common to them.
B. Each Member Agency and party to this Agreement is a(governmental)entity
established by law with full powers of government in legislative administrative, financial
and other related fields.
C. Member Agencies realize the urgent need for areawide planning and
coordination in order to provide advice to public entities on a range of issues that affect
multiple interests.
D. Member Agencies believe that the joint exercise of their powers will provide
an organization capable of conducting studies and projects designed to improve and
coordinate common governmental responsibilities and services on an areawide and regional
basis through a the establishment of an association of governments.
E. Member Agencies wish to create a unified subregional organization which
will improve Orange County's abilities to be represented in the southern California region,
the State of California and the nation on issues and matters that affect collective Orange
County interests.
F. Member Agencies believe that an Orange County Council of Governments
is best suited to accomplish the preparation of subregional plan components mandated by
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state and federal law, conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an areawide and regional basis
through the establishment of a council of governments, and explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
NOW,THEREFORE, in consideration of the recitals and the mutual obligations of the
parties as herein expressed, Member agencies agree as follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the Orange County
Council of Governments (OCCOG) which shall be a public entity, separate and apart form
any member city or county. The Orange County Council of Governments shall be
governed by the terms of this Joint Powers Agreement and the Rules,duly passed and
adopted by the Board.
SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill the
purposes of this Agreement. In addition to the specific functions described in
Exhibit I to this Agreement, the COG shall::
a. Serve as a forum for consideration, study and recommendation on area-
wide and regional problems;
b. Assemble information helpful in the consideration of problems peculiar to
Orange County;
C. Explore practical avenues for intergovernmental cooperation,coordination,
and action in the interest of its members;
d. Seek economies of scale whenever practical in the administration of
governmental services;
When authorized, OCCOG shall have the power in its own name to do any of the
following:
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a. To exercise jointly the common powers of its members to manage and
administer any Implementation Agreement or program;
b. To make and enter into contracts;
C. To contract for the services of engineers, planners, financial consultants and
others and apart therefrom to employ such other persons, as it deems
necessary;
d. To adopt rules, regulations, policies, bylaws and procedures governing the
operation of OCCOG;
e. To apply for grants under any federal, state, regional or local programs as
needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds, services
and other forms of financial assistance from persons, firms, corporations
and any governmental entity;
g. To the extent not specifically provided in this Agreement, to exercise any
powers authorized by the member interests to achieve the OCCOG's
objectives.
SECTION 3
ORGANIZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement,or any addenda, amendment,of
supplement thereto, and which has not, pursuant to provisions hereof,
withdrawn from the OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors (The Board)a resolution
adopted by its governing body. The Board shall review the petition for
membership and shall vote to approve or disapprove the petition. If the petition is
approved by a majority of the Board the petitioning entity shall become a member of
the OCCOG.
The names and addresses of the member parties at any time shall be shown
on Exhibit 2, attached, as amended or supplemented from time to time.
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3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG. The
withdrawal of a member entity shall become effective ninety (90)days after a
resolution adopted by its governing body which authorizes withdrawal is received
by the OCCOG.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the successor in
interest to the Orange County Regional Advisory and Planning Council (RAPQ.
SECTION 4
BOARD OF DIRECTORS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this agreement, the
Board would ideally be composed of elected officials and ex-officio(non voting)
representatives of the following entities:
Entity No. of Voting Members
Orange County Division,League of California Cities 1
County of Orange 1
Orange County Transportation Authority 1
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOC/Water Agencies Representative I
Orange County Cities Representative to AQMD 1
County of Orange Representative to AQMD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
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4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG district representatives,
participation/membership in SCAG is not a prerequisite for OCCOG membership.
For SCAG District representatives to OCCOG who are not members of SCAG,
OCCOG membership will be determined by the jurisdiction(s) that constitute the
SCAG District. This applies to both City and County representatives.
4.3 AQMD Governing Board Representatives
The AQMD representatives to OCCOG shall be the Orange County Cities and the
County of Orange representatives to the Governing Board of the South Coast Air
Quality Management District. Should the Cities AQMD Governing Board position
be vacant, the vacancy on OCCOG shall be filled through the City Selection
Process of the Orange County Division,League of California Cities. Should the
County's AQMD Governing Board position be vacant, the vacancy on OCCOG
shall be filled by the Orange County Board of Supervisors.
4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange (1 member), the Orange County
Transportation Authority(1 member), the Orange County Transportation Corridor
Agencies G member), and the Orange County Sanitation Districts (1 member) will
be appointed by these agencies' governing boards.
The representative (1 member) from the Orange County Division,League of
California Cities will be appointed by that organization's Executive Steering
Committee.
The at-large representative of the Orange County Cities will be selected annually by
Orange County cities through the City Selection Committee.
The Independent Special Districts of Orange County (ISDOC)/water agency
representative will be determined by its Board of Directors.
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4.5 Private Sector Representation
An ex-officio, non-voting representative from the private sector (as determined by
the OCCOG) will be determined by that private sector entity.
4.6 University Representation
An ex-officio, non-voting representative from the major universities in Orange
County (UCI, CSUF and Chapman) will be selected from these institutions. This
representative will be rotated among these universities on an annual basis based on
the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member(who is appointed annually), and
the university representative, Board members serve at the pleasure of the appointing
entity.
4.8 Vacancies/Altemates
If a person who has been appointed as a director ceases to serve as a member of the
appointing entity, he/she shall no longer serve on the OCCOG Board. The
appointing entity is encouraged to fill vacancies as expeditiously as possible to
ensure representation on the voting Board of Directors.
Each Board member can designate an alternate,provided that said alternate serves a
similar capacity in the entity as the Board Member(i.e.,elected officials for voting
members). Alternate directors shall receive all meeting notices and written material
sent to directors and shall have the right to participate and vote at meetings of the
Board on the absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a director shall
apply to an alternate director.
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions, and the right to place matters on the agenda,but
shall not be counted towards a quorum of the Board and shall have no vote.
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4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by serving on
various boards, committees, etc. In instances where elected officials represent
more than one OCCOG member agency, the official will choose one agency to
represent. When an elected official is the sole representative of an agency, the
elected official shall represent that agency on the OCCOG Board of Directors.
Procedures for filling open OCCOG member positions will follow those described
in this Sections 4.2, 4.3, and 4.4.
4.11 Officers
Chair: The Chair of the Board shall be elected annually at the fust regular meeting
of each calendar year. Any director may be authorized to represent the Board upon
approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually at the first regular
meeting of each calendar year, and have all the powers to act in the place of the
Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for acting on the
business of the Board. If such number of Board members is an even number, a
majority shall be one more than half the number of appointed directors to the Board.
4.13 Meetings
Regular Meetings: Regular meetings of the Board shall be held every month
according to a schedule approved by the Board at its first meeting each calendar
year.
Special Meetings: Special meetings may be called by the Charman or a quorum of
Board members.
Brown Act: All meetings shall be called and conducted in accordance with the
Ralph M. Brown Act.
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4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG and its
support structure will be established and approved by the OCCOG Board.
SECTION 5
STAFFING,FUNDING AND ADDITIONAL RESPONSIBILITIES
5.1 Staffing
The League of California Cities, Orange County Division, shall serve in a lead
capacity in coordinating staff resources among member entities to accomplish
OCCOG work efforts and assignments. Member entities recognize that OCCOG
tasks will often benefit from "in-house" expertise, thus will work to coordinate
with individual member entities for the provision of staff to assist in the completion
of assigned tasks and to minimize operational costs. Private sector contract
assistance can be managed by either OCCOG or the member agencies.
Support to OCCOG will be provided primarily through the following structures:
a. Executive Management Committee (EMC): The EMC will be comprised of
executive directors of the member agencies as well as five City Managers as
appointed by the President of the Orange County City Managers Association. The
EMC will enable executive and management-level review and discussion of issues
under OCCOG's purview, and provides a liaison between elected officials and
technical staff on such matters. The EMC will meet on a monthly basis in support
of OCCOG's activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee(TAC): The TAC will be comprised of staffs
from the member agencies and will provide technical review of regional activities
per the direction of OCCOG and/or the EMC.
c. Private Sector Task Force (PSTF): The PSTF will provide private sector input
to OCCOG on air quality issues and on other issues under OCCOG's purview
where the OCCOG deems it appropriate for such input.
8
d. Other Committees, as determined necessary and convened by OCCOG, will
provide assistance in meeting OCCOG objectives.
5.2 Funding
Funding for the Council's operation will be provided by monies provided to Orange
County from the Southern California Association of Governments, member and/or
non-member entity financial contributions, grants, and other sources authorized and
approved by the OCCOG Board of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit I, additional
responsibilities will be undertaken by OCCOG in accordance with the following
procedures.
a. Requests to Examine Issues and Provide Input/Recommendations:
Requests from non-member and member agencies may be made to OCCOG to
examine activities and provide recommendations. The OCCOG shall assign the
Executive Management Committee the task of examining staffing/funding issues
and providing recommendations to OCCOG on how and whether it[night choose to
pursue the request. In addition to considering potential staffing/funding
constraints, the EMC will also base its recommendations, and the COG shall
consider,on whether the request/issue has strong countywide support among
OCCOG members and can reduce or eliminate duplication, improve efficiencies and
otherwise achieve countywide consensus and OCCOG objectives.
b. Assignment of Responsibilities to OCCOG: Should requests from member
and/or non-member agencies be made for the OCCOG to assume responsibility for
delivery of services,development of plans,programs or similar activities,the
OCCOG would assume said responsibilities upon a 2/3 vote of its Board of
Directors, with concurrence of the affected agency (ies).
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SECTION 6
FINANCES
6.1 Budget
Prior to July lst of each fiscal year, the Board shall adopt a preliminary budget.
Prior to September 1st of each fiscal year, the Board shall adopt a final budget.
6.2 Designation of Treasurer and Auditor
The Board of Directors shall,in accordance with applicable law,designate a
Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other dudes as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code and
such dudes as may be required by the Board. The Auditor shall perform such
functions as may be required by provisions of applicable law, this Agreement and
any OCCOG bylaws and the direction of the Board.
6.3 Obligations of the OCCOG
The debts,liabilities and obligations of the OCCOG shall be the debts, liabilities or
obligations of the OCCOG alone. No member of the OCCOG shall be responsible,
directly or indirectly, for any obligation,debt or liability of the OCCOG,
whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds and shall
require strict compliance with such policy. The policy shall comply, in all respects,
with all provisions of applicable law.
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and disburse
OCCOG funds and properties and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
10
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which are
deemed necessary to account for and report on the various sources of funds,
expenditures, grants, programs and projects and, as may be required by good
accounting practice, the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the members agencies at all reasonable times.
SECTION 7
INDEMNITY
7.1 Hold Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties harmless from all
liability for damage, actual or alleged, to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party of its
employees.
7.2 The member agencies, and their employees, officers,members and directors will
not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG) for any acts or omissions related to the service to
OCCOG described in Section 5.1. OCCOG and its members will indemnify and
hold the members harmless from any obligations, costs, claims,judgments,
attorney's fees, and/or attachments in any way connected with the services provided
to OCCOG under this agreement.
SECTION 8
TERMINATION AND DISSOLUTION
8.1 Termination
The OCCOG shall continue to exercise the joint powers herein until the termination
of this Agreement and any extension thereof or until the parties shall have mutually
rescinded this Agreement; providing, however, that the OCCOG and this agreement
shall continue to exist for the purposes of disposing of all claims, distribution of
assets and all other functions necessary to conclude the affairs of the OCCOG.
Termination shall be accomplished by a majority action of the Board.
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8.2 Distribution of Property and Funds
In the event of the termination of this Agreement, any property interest remaining in
OCCOG following the discharge of all obligations shall be disposed in accordance
with Government Code Section 6512.
SECTION 9
MISCELLANEOUS
9.1 Effective Date
This Agreement shall be effective and the Orange County Council of Governments
shall exist from and after such date as this Agreement has been executed by 50
percent plus one of the cities or the County of Orange in Orange County
representing over 50 percent of the County's population.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as evidenced
by the signatures below.
ORANGE COUNTY COUNCIL OF GOVERNMENTS
DATED:
By:
ATTEST:
DATED:
Mayor
Attest:
City Clerk, San Juan Capistrano, CA
cogsignawiepage
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MEMORANDUM OF UNDERSTANDING
by and between
ORANGE COUNTY INTERESTS
and
CALIFORNIA STATE UNIVERSITY, FULLERTON FOUNDATION
for the
INITIATION OF A DEMOGRAPHIC UNIT WITHIN THE UNIVERSITY
TO PROVIDE COUNTYWIDE DEMOGRAPHIC AND ASSOCIATED
INFORMATION
This Memorandum of Understanding ("MOU") is entered into between the Orange
County Division, League of California Cities, County of Orange, Transportation Corridor
Agencies, and Orange County Sanitation Districts (`Orange County Interests") and the
California State University, Fullerton ("CSUF") Foundation, which is a 501 (c)3
California corporation organized under California law as an auxiliary organization for the
campus, for the development of demographic data and related support products formerly
prepared by the Forecast and Analysis Center of the County of Orange. Obligations and
rights specified for CSUF in the MOU and the exhibits shall be exercised by the
California State University, Fullerton Foundation.
WHEREAS, The development of demographic and related information for Orange
County is a vital data source used for a wide range of local, subregional and regional
applications, including, facilities planning and timing, development of fee programs,
bond revenue stream analysis, general planning and other applications; and
WHEREAS, in past years, a number of primary users of data in Orange County have
recognized the benefit of having a local area expertise in developing demographic
projections and associated products; and
WHEREAS, demographic products, including 01 utge County Protections, Population
and Housing Estimates, Employment Estimates and Census Processing and Products
have in previous years been under the purview of the County of Orange Forecast and
Analysis Center; and
WHEREAS, the Orange County bankruptcy has resulted in the Col ity of Orange
developing and pursuing opportunities to more efficiently and cost :ffectively provide
these data products; and
WHEREAS, Orange County Interests, recognizing the importance naintaining a
demographic presence in Orange County, have jointly developed isition plan that
will transfer a range of demographic activities developed and administered by the former
Forecast and Analysis Center to the Social Science Research Center (SSRC) at California
State University, Fullerton; and
WHEREAS, these Interests, which include the League of Cities, Orange County
Division, Transportation Corridor Agencies, and Orange County Sanitation Districts in
addition to the County of Orange, agree on the importance of having a single entity in
Orange County developing demographic products and providing such products to data
users; and
WHEREAS, these agencies also desire to establish a long-term process which allows
each individual agency an increased level of participation in the development and review
of demographic products; and
WHEREAS, the Social Science Research Center at California State University, Fullerton
provides an opportunity to place demographic activities in a setting that accomplishes
Orange County Interest objectives and provides augmented educational opportunities for
California State University, Fullerton; and
WHEREAS, the County of Orange, the League of Cities, Orange County Division, the
Transportation Corridor Agencies and the Orange County Sanitation Districts will
provide the funding to the Social Science Research Center for the implementation of the
Tasks and Deliverables delineated in Exhibit 2 of this MOU;
NOW, THEREFORE, IT IS AGREED between CSUF and Orange County Interests that
the demographic transition will be implemented in the following manner and in
accordance with the following provisions;
I. Process and Structure
A. Regional Advisory and Planning Council:
The Orange County Regional Advisory and Planning Council (OCRAPC)
will be responsible for approving the work program , nd annual budget of
the Demographic Unit, and for approving work pros' is prior to their
release to the public. The activities of the Demogra : Unit will be
reported to OCRAPC on a quarterly basis.
2
B. Management Oversight
Exhibit 1 provides for a Management Oversight Committee, comprised of
staff representing the Orange County Interests, to meet on a regular basis
to, among other tasks, review and recommend approval of the Demo-
graphic Unit's Annual Work Program and Budget to OCRAPC. In
addition to the membership as specified in Exhibit 1, this MOU provides
that two representatives from CSUF shall be added to the Oversight
Committee to participate in discussions as they pertain specifically to the
development of the Work Program and Budget.
C. Technical Oversight:
Exhibit l establishes a Scientific Advisory Committee to provide technical
guidance and input into the development of the projection and estimation
methodologies of the affected deliverables. The Scientific Advisory
Committee advises the manager of the Demographic Unit, as well as
the Management Oversight Committee. The Committee will include staff
representatives from the Orange County Interests, five City representatives
selected by the League of Cities, and the Southern California Association
of Governments. University participation will include at least one
representative from CSUF, one representative from UCI, and one
representative from Chapman University.
D. Census Coordination and Processing
The County of Orange designates CSUF Demographic Unit as affiliate
State Census Data Center and the Census Statistical Area Key Person for
the Orange County PMSA during the term of this contract. In the event the
CSUF Demographic Unit is disbanded, the affiliate State Census Data
Center and the Census Key Person for the Orange County PMSA
responsibilities will revert back to the County of Orange.
II. Funding and Schedule
Exhibit 2 provides detail with respect to the funding respon •ilities of Orange
County Interests. Exhibit 2 further provides estimated due ; for first year
project deliverables, with the release of specified deliverab eing tied to
3
additional payments to CSUF made by Orange County Interests that are in
addition to initial contribution amounts. The quarterly contributions made by the
County of Orange shall not exceed $37,500.
III. Contract Management
A. The Orange County Division, League of California Cities and County of
Orange will serve as the Fiscal Agent and Contract Manager for the
Orange County Interests in implementing this MOU with CSUF. The
California State University, Fullerton Foundation, shall serve as the fiscal
agent and contract representative for the Social Science Research Center.
This will include responsibility for coordinating initial contributions by
Orange County Interests to CSUF to initiate the Demographic Unit as well
as for coordinating additional contributions as deliverables pursuant to
Exhibit 2 are approved and released.
B. Robert A. (Ray) Young is designated as the Principal Investigator for
CSUF for the project, and William Dickerson is designated as the admini-
strative representative for the Foundation. Should Ray Young become
unavailable for any reason, no other Principal Investigator shall be chosen
by CSUF without the approval of the Orange County interests. Further-
more, CSUF agrees that the appointment of the manager of the Demo-
graphic Unit requires approval of the Management Steering Committee.
C. Each party to this MOU hereby assumes any and all risks of personal
injury and property damage attributable to the intentional or negligent acts
or omissions of that party and the officers, employees, and agents thereof.
CSUF and the Orange County Interests warrant that they have adequate
Worker's Compensation insurance and liability insurance for their own
employees.
D. Neither the Orange County Interests nor CSUF shall be liable or deemed
to be in default for any delay or failure in performance or interruption of
services resulting, directly or indirectly, from acts or causes beyond the
reasonable control of the affected party, such as acts of public enemy,
labor disputes, or natural disasters; provided the affe �d party notify the
other party within ten days of the onset of the interr m.
4
E. This is a fixed-price agreement, and equipment purchased by CSUF under
the terms of this MOU shall become the property of CSUF.
F. Databases and applications developed and maintained for Demographic
Unit purposes shall remain under control of the Orange County interests.
In the event that Demographic Unit Activities are relocated from CSUF,
all Demographic Unit functions and designations shall accompany the
Unit with the exception of those specified in Section I, Paragraph D of this
MOU.
IV. Duration of MOU
A. This MOU will become effective upon execution by all parties, and ends
March 31, 1997 or one year from the date of the last signature on this
MOU, whichever is later. This MOU may be extended and amended by
mutual agreement of all signatories herein. Additional sponsors may be
added upon approval of the other subscribers and the Social Science
Research Center. Either party may terminate this MOU for any reason(s),
any time, in whole or part, by giving the other party sixty (60) days written
notice thereof. For Orange County Interests to act to terminate this MOU,
all of the signatory agencies must be party to the termination act; none can
terminate individually. Upon said notice of termination,Orange County
Interests shall pay CSUF its allowable costs reasonably necessary to effect
such termination. If either part sees fit to terminate the agreement, said
notice shall be effected by delivery of such notice in person or by
depositing said notice in the United States mail, registered or certified
mail, return receipt required, postage prepaid.
5
IN WITNESS THEREOF, this MEMORANDUM OF UNDERSTANDING,
INCLUDING EXHIBITS 1 and 2, has been executed the day and year first above written.
CALIFORNIA STATE UNIVERSITY, FULLERTON FOUNDATION
By /, . , /
�-✓�' / .1,,. ,�s tlGc sF Date
William Dickerson, Executive Director
ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES
By Date
t M. Huston, Executive Director
COUNTY OF ORANGE
Date S�
ce Mittermeier, County Executive Officer
Approve as to Legal Form:
�j
ty T-Soffnsel
TRANSPORTATION CORRIDOR AGENCIES
By 1-t- Date
William Wo6lIeUJFAec#ive Director
ORANGE COUNTY SANITATION DISTRICTS
By . �% Dat_
Don McIntyre, General anager
moucsuf.doc
6
March 12, 1996 EXHIBIT 1
DEMOGRAPHIC UNIT
IMPLEMENTATION PLAN
Introduction
On October 19, 1995, the Orange County Regional Advisory and Planning Council
(RAPC) recommended approval of a proposal to transfer a range of demographic
activities developed and administered by the former Forecast and Analysis Center of the
County of Orange to the Social Science Research Center(SCRC) at California State
University, Fullerton (CSUF).
RAPC recommended approval of the transition plan subject to final agreement by
contributing members on funding allocations. A draft funding plan was presented in the
report which identified primary public agency users of the data and distributed costs
according to past and anticipated use of the SSRC's Demographic Unit's data products.
The primary users were identified as the County of Orange, Transportation Corridor
Agencies, Orange County Sanitation Districts, the Orange County Division, League of
Cities, and Orange County Transportation Authority.
The major objective in developing a successful transition plan is to ensure that Orange
County maintains its presence in the development and maintenance of demographic data
and information. Transferring these activities as a whole to CSUF serves to keep this
function under one roof, which will ensure data consistency by maintaining a centralized
data and information source. This also provides a single source of demographic data and
information for Orange County users and organizations needing information about
Orange County.
The funding allocation proposed below is intentionally simple, and recognizes that a"pay
as you go" format would not be effective - at least in the first years of the Demographic
Unit's operations. Recognizing the interrelated and interdependent nature of most of the
data products that will be produced by the Demographic Unit (for example, population
estimates and population projections) it would be nearly impossible to develop an
accounting system that could track and bill agencies based on exact usage. For these
reasons, staff believes that the allocation system presented below- which is based on
general usage, recognizing the interrelated use of various products the preferred
method for allocating costs to participating agencies. An elaborate t complicated
accounting system needed to support"pay as you go" funding is n wed as being an
effective use of the Center's limited staff and financial resources.
Member Agencies
Four entities will subscribe to the Demographic Unit at CSUF Social Science Research
Center:
County of Orange, Orange County Division/California League of Cities, Orange County
Sanitation Districts, and Transportation Corridor Agencies. These entities will be
designated as "charter subscribers".
State Department of Finance and Reporting and Coordination shall be continued by the
County because the reports are mandatory for determining the County's Gann
appropriation limit. Additionally, the County will be responsible for the preparation of
population, housing and employment estimates for its service areas, districts, and study
areas and the development of population, housing and employment projections for the
unincorporated portion of Orange County.
Fundine Criteria
For the first year of operation, each of the four charter subscribers will provide a
minimum of$25,000 to support the Demographic Unit. These funds will cover the basic
start up cost of the Demographic Unit and cover the first few months of operations. All
charter subscribers will be provided basic demographic and economic information which
is maintained and published by the Demographic Unit. The minimum subscription will
be reduced as other subscribers elect to participate in the funding of the Demographic
Unit.
An additional annual contribution of$25,000 per product up to $125,000 will be provided
for the use of(1) Orange County Projections (OCP); (2) Population and Housing
Estimates; (3) Employment Estimates; (4) Census Processing and Products; and
(5) GIS Products and Maps where one or more of these products are an integral part of a
subscriber's operation, planning or reporting needs and requirements. Each of these
products require a substantial long-term and on-going commitment of resources for their
development, production, and maintenance to ensure the quality and accuracy of the data
and information. The additional resources will guarantee that these products are available
to meet the data and information needs of these primary users of demographic data in
Orange County. Receipt of these additional funds will he tied to th .ttached first year
deliverables and milestones for developing the products.
2
The following proposed schedule of additional financial support is based on previous
uses of data and information developed and supplied by the former Forecast and Analysis
Center:
County of Orange $125,000 All five products
League of Cities $ 25,000 OCP
TCA $ 25,000 OCP
The following will then represent the financial support to cover the first year of
operations for the Demographic Unit for each of the charter subscribers:
County of Orange $150,000
League of Cities $ 50,000
Orange County Sanitation Districts S 25,000
Transportation Corridor Agencies S 50,000
TOTAL $275,000
The County of Orange and the Orange County Division of the League of Cities will act as
the fiscal agent and administer the contract or MOU with the California State University,
Fullerton Foundation. Each participant will provide CSUF Foundation the basic fee of
$25,000 upon signing an agreement or MOU formalizing their participation. Following
approval of the major products (bold-faced) listed in Exhibit 2, each entity will be
invoiced for additional charges as various milestones are met and products are completed.
The Demographic Unit of the Social Science Research Center will be available to prepare
customized data bases, conduct special studies, and provide technical assistance beyond
the scope outlined above on a consulting basis. The fees for these services will be
separate from the above funding and will be based on the scope of the individual project.
Additionally, these products will be prepared outside of the scope of the MOU or
agreement between the subscribers and CSUF unless otherwise agreed to by and between
the parties of this MOU.
Management Oversight
Each charter subscriber will have the opportunity to serve on a Mar •gement Oversight
Committee. The committee makeup will be as follows:
3
i •
Participant Members
County of Orange 2
League of Cities 2
OC Sanitation Districts 1
TCA I
This committee will meet quarterly and as needed if any circumstances warrant a
meeting. The primary function of this committee is to review and recommend approval
of the annual work program and any revisions to it, and review and recommend approval
of products produced under the work program before they are released to the public. The
Management Steering Committee will have the authority to execute various operational
decisions needed to implement the MOU between the California State University
Fullerton Foundation and the Orange County Subscribers, including, but not limited to,
establishing review periods for drafts of the demographic products, establishing
guidelines for publication quality and appearance, determining the distribution of
publications, establishing rules governing research uses of and access to data, making
appointments to the Scientific Advisory Committee.
A Management Steering Committee will be comprised of three members or their
designated representative from the Management Oversight Committee: the County of
Orange, the Orange County Division of the League of Cities, and one representative
selected from the remaining participating agencies (rotated each year). The manager of
the Demographic Unit will provide a monthly status report to this committee and will
have monthly scheduled meetings with this committee. The Management Steering
Committee will make recommendations to submit invoices for payments to the CSUF
Foundation.
Technical Oversieht
A Scientific Advisory Committee will provide technical guidance and input into the
development of the projection and estimation methodologies of the affected deliverables.
This committee will review, critique and provide input to and suggestions on the
development of assumptions, techniques, methodologies, and findings. Members of this
committee will be solicited from the University of California, Irvine. Chapman
University, California State University, Fullerton, and the participa ,g agencies. This
committee will replace the former Demographics Projection Steeri Committee.
4
Proeram Evaluation
Following the first year of operation, the cost of producing the information and thus the
needed support provided by each subscriber, will be evaluated. The cost may be higher
or lower than the first year cost. However, certain costs are anticipated to decline. For
example, the budget for the first year of operation contains a one time expenditure for
computer equipment. Additionally, other major users of demographic data and
information will be identified and offered the opportunity to provide financial support to
the Demographic Unit and potentially reducing the costs incurred by the five charter
subscribers. The California State University, Fullerton Foundation will receive additional
compensation to cover additional costs. It is agreed among the subscriber agencies that
as other agencies agree to participate, the County of Orange will receive the first $25,000
above $325,000 in contributions and above additional compensation provided to the
CSUF Foundation. As other subsequent agencies agree to participate, the charter
subscribers will receive a reimbursement or reduction to their contribution proportionate
to the amount of their full contribution. The long term goal will be to broaden the
funding base of the Demographic Unit while reducing the fees for all subscribers.
5
EXHIBIT 2
March 11, 1996
First Year Deliverables and Schedule
First Quarter (Payment Due June 30, 1996)
(County of Orange Share: $31,250)
(OC Division, CA League of Cities Share: $25,000)
(TCA Share: $6,250)
Administrative
1. Transfer of files, maps, computer files, CD-ROM and publications from County
offices to CSUF
2. Notify affected agencies of transfer and publicize transfer
3. Coordinate with Management Steering Committee and Management Oversight
Committee
4. Establish and confer with a Scientific Advisory Committee
5. Develop final budget and establish accounting procedures
6. Select and appoint support staff
Population, Housing, and Employment Projections
1. Calibrate County's shift-share model to produce employment projections by
industrial code
2. Calibrate County's age cohort model to produce population projects by age, sex,
race and ethnicity
3. Develop OCP-96 as a complete revision of OCP-92
4. Represent Orange County in the development of SCAG's re >nal growth forecast
policy
5. Attend RAPC and RAPC-TAC
6. Attend Subregional Coordinating Group meetings
1
Census Coordination and Processing
1. On behalf of the County of Orange. establish CSUF Demographic Unit as an
affiliate State Census Data Center for the County of Orange PSMA
2. On behalf of the County of Orange, establish the Demographic Unit's manager as
the Census Statistical Area Key Person for the Orange County PSMA
3. Process census tapes and CD-ROMs as required by subscriber agencies
4. On behalf of the County of Orange, attend and participate in any forthcoming
Census Bureau activities affecting the Orange County PMSA
5. Attend and participate in annual USC Demographic Workshop
Geographic Information System
1. Develop specifications for an Orange County Demographic Geographic
Information System
2. Coordinate with SCAG on issues regarding their distributed GIS: ACCESS
Public Information
1. Maintain existing level of service to Cities and County agencies
2. Design and produce an Orange County fact sheet
Second Ouarter (Payment Due September, 1996)
(County of Orange Share: $31,250)
(TCA Share: $6,250)
Administrative
1. Establish Demographic Reference Library at Demographic t •nter
2. Coordinate with Management Steering Committee and Man ment Oversight
Committee
3. Confer with a Scientific Committee
2
Small Area Estimates
1. Produce 1994 Employment Estimate by Census Tract
2. Produce 1995 Population Estimates by Race and Ethnicity by Census Tract*
3. Produce 1995 Population estimates by Age, Sex, and Race and Ethnicity*
Population, Housing, and Employment Projections
1. Represent Orange County in the development of SCAG's regional growth forecast
policy
2. Attend RAPC and RAPC-TAC
3. Attend Subregional Coordinating Group meetings
Census Coordination and Processine
1, Process census tapes and CD-ROMs as required by subscriber agencies
2. Attend and participate in any forthcoming Census Bureau activities affecting the
Orange County PMSA
Geographic Information System
1. Select and acquire a computerized base map
2. Acquire or digitize boundary files for jurisdictional, political, and statistical areas
3. Acquire and incorporate land cover survey data
4. Acquire and incorporate census data, demographic estimates, demographic
projections, vital statistics, and economic data
5. Coordinate with SCAG on issues regarding their distributed t',IS: ACCESS
* The production of this product is contingent upon the participati additional
subscribers whose combined contributions are at least 5 0,000.
3
• •
Public Information
1. Maintain existing level of service to Cities and County agencies
2. Determine feasibility of using a-900" number for public information inquiries
3. Design and produce an Orange County fact sheet
Third Quarter (Payment Due December 31, 1996)
(County of Orange Share: $31,250)
(TCA Share: $6,250)
Administrative
I. Coordinate with Management Steering Committee and Management Oversight
Committee
2. Confer with a Scientific Advisory Committee
Small Area Estimates
1. Produce 1995 Population and Housing Estimates by Partial Census Tracts
Population. Housing. and Employment Projections
1. Produce OCP-96 Publication*
2. Represent Orange County in the development of SCAG's regional growth forecast
policy
3. Attend and participate in annual State Data Center Meeting
Census Coordination and Processing
1. Process census tapes and CD-ROMs as required by subscrib agencies
* The production of this product is contingent upon the participati additional
subscribers whose combined contributions are at least$50,000.
4
2. Attend and participate in annual State Data Center Meeting
3. Attend and participate in any forthcoming Census Bureau activities affecting the
Orange County PMSA
Geographic Information System
1. Develop a geo-coding capability
2. Coordinate with SCAG on issues regarding their distributed GIS: ACCESS
Public Information
1. Maintain existing level of service to Cities and County agencies
2. Develop an Orange County demographic data HomePage for Internet access
3. Design and produce an Orange County fact sheet
Fourth Ouarter (Payment Due March 28, 1997)
(County of Orange Share: $31,250)
(TCA Share: $6,250)
Administrative
I. Coordinate with Management Steering Committee and Management Oversight
Committee
2. Confer with a Scientific Advisory Committee
Small Area Estimates
I. Produce 1996 Population and Housing Estimates by Partial Census Tracts
Population. Housing, and Employment Projections
1. Represent Orange County in the development of SCAG's re mal growth forecast
policy
2. Attend RAPC and RAPC-TAC
5
3. Attend Subregional Coordinating Group meetings
Census Coordination and Processine
1. Process census tapes and CD-ROMs as required by subscriber agencies
2. Attend and participate in any forthcoming Census Bureau activities affecting the
Orange County.PMSA
Geoaraohic Information System
1. Acquire and digitize City and County General Plan Land Use Elements*
2. Coordinate with SCAG on issues regarding their distributed GIS: ACCESS
Proeress Report
1. Produce 1996-97 Orange County Progress Report*
Public Information
1. Maintain existing level of service to Cities and County agencies
2. Design and produce an Orange County fact sheet
* The production of this product is contingent upon the participation of additional
subscribers whose combined contributions are at least $50,000.
6
EXHIBIT I
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor) as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Monitoring regional, state and federal air quality plans and requirements
• Liaison with SCAG, SCAQMD and others on air quality issues
3. Orange County Input to SCAG Activities
• Regional Comprehensive Plan &Guide development and implementation
• Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plans/strategies as agreed by affected
officials
4. Intergovernmental coordination with public and private sectors
5. Legislative Review/Outreach/Interface on activities affecting member agencies
6. Regional Housing Needs Assessment
679 Pat TUN 21 "Z6
I
Resolution 1-96
Resolution of the
Orange County Division, League of California Cities,
Supporting the Formation of an
Orange County Council of Governments
Whereas, the public interest requires that Orange County cities and public agencies
meet in a public forum to exchange ideas and share information on issues of regional and
subr Wnal significance;and
CounWhereas, in 1991, Orange County formed the Regional Planning and Advisory
cil(RAPC)to provide a forum to focus on regional issues;and
Whereas, in 1995, the RAPC was reconfigured to provide a better nexus between its
members and rite regional issues it addresses;and
Whereas, in resporue to the Orange County bankruptcy and the County of Orange
reduging its role in regional issues,the Orange County City Managers'Association convened a
task fame to develop a process for the most effective means of comprehensively addressing
regio I hal planning;and
Whereas, the Task Force, atter reviewing various models for addressing regional
planning issues,have recommended the development of a Council of Governments to provide
a forum for addressing regional planning issues;and
Whereas, concurrently,a Restructuring Supercommittee convened by Orange County
cities'to study the delivery of regional services also identified a Council of Governments as an
entit�ace=to discuss and possibly implement future restructuring recommendations;and
Whereas, the formation of an Otsnge County Council of Governments will provide
Orange Canty with a arena for its public agencies to exchange ideas and information,conduct
studies and projects to improve common government responsibilities,build consensus among
members on regional and smtaegionai issues,advocate Orange County interests at the regional,
state and federal leve,and assist in coordinating subregional planning efforts;and
Now, Therefarv, Be It Resolved, that the Orange County Division, League of
California Clap supporta tete formation of an Orange County Council of Governments to
proved.a formal fonrm for Orange County public agencies on regional planning activities and
issues.
iI
679 P03 JUN 21 "4- 13:21
Be It Further ResalYed that the Division is directed to develop a Joint Powers
r'greetnent for consideration by Orange County cities, the County of Orange and other affected
public agencies and interests.
Passed and Adopted, this Eleventh day of January, 1945.
Lurann Coot J Mary H buckle
rdent Chair, otutiom Committee
until Member Council Member
CFry of Fountain Valley City of Costa Mesa
Janet Huston
Executive Director
i
QUSTIONS AND ANSWERS ABOUT AN:
ORANGE COUNTY COUNCIL OF GOVERNMENTS
The following questions and answers reflect a range of topics commonly raised during
discussions about the convening of a Council of Governments.
Q. What is the purpose of the Orange County Council of Governments?
A. The purpose of the organization is to unify Orange County so that it can speak with
a collective voice on important subregional and regional issues. Working together
and sharing resources is cost-effective by reducing duplication of effort, and the
consensus achieved by member entities will allow Orange County to more
effectively advocate its positions and augment its standing within the region. The
recommended Council, which will be comprised of members representing local
jurisdictions and special districts and agencies in Orange County, will provide
Orange County's only mechanism for the collective examination of issues that are
subregional or regional in nature and transcend individual political boundaries.
Q. Will a Council of Governments be another layer of government?
A. No. The Orange County Council of Governments will formialize activities currently
performed by the Orange County Regional Advisory and Planning Council
(RAPC),which has existed since 1991. The Council's activities would not require
new staff, and instead will tap existing staff resources from member entities. No
membership dues will be required of member agencies.
Q. With RAPC in place, why is there a need for a Council of Governments?
A. RAPC is an informal body created in 1991 as an evolutionary step towards a
Council of Governments. While RAPC has performed admirably,recent activities
in Orange County resulting from the bankruptcy have required that local
jurisdictions and agencies re-examine traditional roles and responsibilities. Times
have changed in Orange County, and now more than ever the need exists for a
formal,representative organization to be operational and be capable of conducting
studies, building consensus,formulating recommendations and advocating
positions for the benefit of Orange County collectively.
Q. What types of issues will the Council of Governments deal with?
A. Generally, the Council will ultimately address those issues that its members
collectively decide to address. Initially, functions will include issues such as air
quality attainment strategies,providing subregional input to the Southern California
Association of Governments in its development of mandated regional plans,review
of selected legislation pertaining to regional/subregional issues, liaison with the
private sector,performing regional housing needs assessments and developing
demographic data for use by members on a range of studies and planning activities.
0 0
Q. Will these activities duplicate the activities being performed elsewhere in Orange
County?
A. No.These recommended activities are not being performed by any other agency
representing the collective interests of Orange County's cities, county and special
purpose agencies. Focusing these issues in one forum with diverse representation
will strengthen Orange County's voice in the region and state.
Q. Will Council members be paid?
A. No.
Q. Will a majority of the Council's members have the ability to compel one or more of
its members to comply with the wishes of the rest of the group?
A. No. The Council of Governments will conduct studies, make recommendations
and advocate the implementation of those recommendations. The Council will
serve as a resource for and not a barrier to member entities, and will have no power
or ability to force any member entity to implement any recommendations.
Q. How will the administration and operation of the Council be paid for?
A. Through funds made available to the Orange County subregion from SCAG, staff
provided by the member agencies, grants sought by the organization and other
means determined by the Council's Board of Directors. No membership dues will
be required.
Q. How can member entities be sure the Council will not"run amuck?"
A. The activities of the organization will be directed by the Board of Directors, and
limited to those that the Board authorizes. The Council will have no independent
staff-, staff resources to complete projects will often be provided by the member
entities or through consultant services for specific projects.
Q. What about accountability to the voters?
A. The proposed COG activities are not the responsibility of any one entity in Orange
County, but need to be accomplished cooperatively among several interests.
Constituents look fust to their City Council Members to respond to issues involving
local government,including the kinds of activities the COG will perform. City
representation on this forum will provide valuable information with which to
respond to constituent requests. The COG will be established as a consensus-
building mechansim that requires coordination among a number of local
government agencies and entities, and participation from a broad rather than narrow
spectrum of interests is in the best interests of the public. Also, the COG will be
subject to the provisions of the Brown Act; all meetings will be publicly noticed and
participation and input will be encouraged.
Q. Will the Council have the potential to save money?
A. Yes. A primary goal of the COG is to work harder with existing resources to
consolidate, collaborate and find new ways to do needed activities for less and
eliminate duplication of effort. It is beneficial for member agencies to conduct joint
studies on various topics. It is often more efficient and effective to conduct one
study for a number of entities than it is to conduct duplicative studies for individual
entities. Information and idea sharing among member entities is certain to reduce
duplication as well. The proposed transition of demographics activities from the
County of Orange to California State University Fullerton, a proposal developed
through RAPC, will reduce the costs for performing these activities from $800,000
to $325,000.
Q. Won't the Council's membership be unwieldy and burdensome?
A. No. The proposed configuration of the Council, while not finalized, will likely be
similar to that of the existing 21-member RAPC Board. A survey of similar entities
statewide found that the size of governing boards to range from 12 to 38.
The RAPC process and structure has allowed for timely review,discussion and
increasing coordination of regional planning and policy issues by both its governing
board and its technical support committees.
Q. Will there be an ongoing review process to ensure the Council is f i flling its
mission?
A. Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a
review of the Council's activities by individual member entity staff and by the
Council's Board of Directors.
Q. What will the COG's relationship be to the Orange County Division,League of
California Cities?
A. The Division will continue to fulfill its role as an arm of the State League to its
Orange County members. The COG will augment Cities' abilities to coordinate
with other county entities on issues of mutual concern,just as it will augment
entities' abilities to coordinate with Orange County Cities and the League. It is
important that the League continue to function autonomously so that City interests
are advocated.
00
1-
410 61
Orange County Council of Governments
,
From Resolution to Resolved .
CHRONOLOGY OF KEY DATES
March 1, 1995: OCCMA appoints Regional Issues Task Force
April 20, 1995: COG formation discussed in RAPC reconfiguration report •
April - Present: COG updates provided monthly to RAPC and EMC
May 11, 1995: COG/MPO presentation provided to O.C. Division Membership
May 22, 1995: Reg. Issues Task Force recommends process be developed to establish COG
June 29, 1995: Task Force and Planning Directors develop list of regional activities
July 27, 1995: Executive Steering Committee adopts Task Force recommendations
August 14, 1995: Division's Restructuring Supercommittee recommends formation of COG
August 17, 1995: Division staff provides COG briefing to RAPC
October 4, 1995: Regional Issues Task Force recommends formation of a COG
October 4, 1995: OCCMA endorses Regional Issues Task Force recommendation
October 26, 1995: Executive Steering Committee approves COG proposal, sponsors resolution
November 9, 1995: COG resolution introduced at Resolutions Committee
January 11, 1996: O.C. Division adopts 1996 Strategic Plan, identifies COC as core strategy
January 11, 1996: O.C. Division adopts COC resolution
March, 1996: Draft JPA being developed
Orange County Council of Governments
, �-
From Resolution to Resolved"
PROPOSED MEMBERSHIP
ENTITY # OF REPRESENTATIVES
O.C. DIV. LEAGUE OF CALIFORNIA CITIES 1
COUNTY OF ORANGE 1
ORANGE COUNTY TRANSPORTATION AUTHORITY 1
TRANSPORTATION CORRIDOR AGENCIES 1
ORANGE COUNTY SANITATION DISTRICTS 1
WATER AGENCIES REPRESENTATIVE 1
O.C. CITIES AQMD REPRESENTATIVE 1
COUNTY OF ORANGE AQMD REPRESENTATIVE 1 S
ORANGE COUNTY DELEGATES TO SCAG 12
AT-LARGE ORANGE COUNTY CITY 1
PRIVATE SECTOR (Ex-officio, non-voting) 1
UNIVERSITY REPRESENTATIVE (ex-officio, non-voting) 7
TOTAL VOTING MEMBERSHIP ?1
Orange County Council of Governments
G-
"From Resolution to Resolved"
FUNCTIONS
General
✓ Forum for study, consideration, recommendations on areawide and regional
problems
✓ Assemble information helpful in consideration of problems peculiar to O.C.
✓ Explore practical avenues for intergovernmental cooperation/action
✓ Seek economies of scale in administration of governmental services
Specific
✓ SCAG Activities •
✓ AQMD Activities
✓ Demographics
✓ Legislation on regional/subregional issues
✓ Liaison with public & private sectors
✓ Regional Housing Needs
Orange County Council of Governments
,
From Resolution to Resolved
ADDITIONAL RESPONSIBILITIES
To Examine Issues & Provide Recommendations
✓ Requests from member/non-member agencies
✓ EMC reviews issue and provides recommendation to OCCOG
✓ Majority vote of OCCOG, considering funding & staffing availability & EMC
recommendation
To Assign Responsibilities to OCCOG
✓ Study issue consistent with above ,
✓ Assumption of responsibility by 2/3 vote of Board of Directors, with concurrence
of affected interest(s)
Orange County Council of Governments
, G
From Resolution to Resolved
STAFFING & FUNDING
Staffing
✓ Executive Management Committee (City Managers & Agency Heads)
✓ Technical Advisory Committee (Staff-level)
✓ Other committees as determined necessary and convened by OCCOG
✓ O.C. Division, League of CA Cities staff lead capacity to coordinate
staff resources
Fug
✓ SCAG, through OWP and other sources
✓ Grants
✓ Member contributions
✓ Other
Orange County Council of Governments
,
From Resolution to Resolved -
SIGNIFICANT COG BENEFITS
✓ Formalizes RAPC; crystallizes OC/SLAG/SCAQMD communications links
✓ Enables O.C. to coordinate with adjacent counties on regional issues
✓ Diverse membership unique to California COGs; allows for true subregional
consensus building on wide range of activities
✓ Not an additional layer of government, but provides needed fimon t f clecleil (ffici dl�
for real restructuring examination/discussions to occur
✓ Achieves significant cost savings by coordinating on issues of common concern
✓ Provides process for O.C. to identify issues, obtain regional funding and develop
countywide solutions
Orange County Council of Governments '
"From Resolution to Resolved"
COMMON QUESTIONS & ANSWERS
♦ A duplicative layer of government?
No. A COG would formalize activities now performed by the Regional Advisory and I'lanning
Council. No new staff will be required. No membership dues will be sought.
♦ Will local authority be pre-empted / usurped?
No. A COG will conduct studies, wake recommendations and advocate the implementation of those
recommendations. A COG would have no power to force implementation of its Wco►►nnendatious.
♦ Will COG membership be unwieldy and burdensome?
No. While not finalized, the configuration will likely be similar to the existing 21-ineuiber RA PC
board. COG membership throughout the state ranges from 12 to 38. •
♦ Is there a potential to save taxpayer dollars?
Yes. Cooperation among agencies can result in consolidating e jforts on issues c f mutual concern. 7 he
demographic transition to CSUF, realizing annual savings of$500,000, serves as an examph, t f;, 1111 a
COG can cooperatively achieve.
♦ How will the COG relate to the O.C. Division of the League of Cities?
The COG will augment Cities' outreach/coordination with other const y entilics, just as it will
augment entities' outreach/coordination with the O.C. Cities and the LeaXue.
Orange County Council of Governments .
"From Resolution to Resolved"
FORMALIZATION
♦ How does the OCCOG become formalized?
1. Majority of O.C. Cities with majority of populatio►l
2. Agencies/entities at their discretion
• •
A Primer on
Councils of Government
The following background examines the basics of forming a COG, and provides a general overview of
organizational and functional considerations.
Definition: COGS are essentially voluntary associations that represent member local governments, mainly cities
and counties, that seek to provide cooperative planning, coordination, and technical assistance on issues of mutual
concern that cross jurisdictional lines. In this sense, COGS serve to develop consensus on many municipal issues
that need to be addressed in a subregional or regional contexc If properly structured, COG duties complement
and do not duplicate jurisdictional activities, and serve to unify jurisdictions and agencies on matters of mutual
concern, but independent of the responsibilities traditionally exercised by the individual members within their own
communities.
Jurisdictions typically agree to form COGS following discussion and negotiation on common goals and objectives,
which is usually consummated by execution of a Joint Powers Agreement (JPA). In most cases, adoption of a
JPA is specifically authorized by state law. In the case of California,JPA authority is granted under Section 6500
et. seq. of the Government Code.
Structure: Most COGS in California display common organizational characteristics. These include voting
membership by participating jurisdictions through an Executive Committee or Board of Directors. Representation
can be along the lines of"one member-one vote, weighted differentially based on population or other growth-
related parameters,or otherwise determined based on agency/membership representation and/or affiliation.
Other common features of CODs include an Executive Director and independent staff, and a variety of policy
committees and support task forces or groups which focus on specific issues of concern. Most COGS engage in
considerable coordination with member local governments,as well as other special purpose regional, state and
federal agencies.To support this intergovernmental coordination COGs typically enter into Memorandums of
Understanding(MOUs) with affected agencies.
Statutory and Fiscal incentives: A major factor in understanding the rationale behind COGS pertains to the
legal and fiscal context in which they developed Councils of Government came into prominence during the
1960's after a series of Congressional mandates promoted areawide planning and coordination. This began first in
the transportation area, but was soon followed by a regional approach to such issues as air and water quality,
waste management, housing and community development and growth forecasts.
These mandates were typically mirrored by supporting state statutes,and carried with them substantial funding
support. COGS were supported by federal and state grant funds designed to target specific goals, but frequently
also leaving COGs with some discretion on how such money might best be allocated Today most COGS,
particularly in larger urban or metropolitan areas,are still largely dependent on funding from state and federal
sources. An example of this is the:considerable mount of money that was made available for transportation and
air quality planning ruder the Intermodal and Surface Transportation Efficiency Act of 1991 (ISTEA), which
accounts for a majority of planning funds utilized by COGS.
COG Functions: COG responsibilities are wide-ranging, but in all cases are determined by its member
jurisdictions and agencies. Activities common to many COGS include regional review of environmentally
significant projects per CEQA;air quality planning;areawide clearinghouse for review of federal financial
assistance; regional housing needs assessment hazardous and solid waste management demographic projections;
growth management analysis and development of subregionat strategies;review of local general plan amendments,
areawide water quality planning; transportation planning,modeling and programming; and gem planning
support and technical assistance as directed by member agencies.
Councils of Government Profile
Comparative Function Matrix
Functions SACOG SANDAG AUAG COFCG SAAG WRCOG SBCAG SANBAG AMUAG CVAG
Airport Land Use Planning/Coordination t/ ✓ - -- -Airport and Corridor Studies
ALt1C ✓ ✓ ✓ ✓
AQ Ana sis --
AQ Conformity ✓ ✓ ✓ --
AQ Pn ./Modelin Conformit ✓ ✓ �/ ✓ ✓ ✓ —
Areawide Clead house -�/ -- -
Areawide Plannin ✓ - -_---- ----
Census ✓ ✓ —�
Circulation / Transit Needs ✓ - --
Commuter Rail Coalition ✓ - — - --- -
Congestion M mt ✓ ✓ �/ ✓ ✓ ✓ - -
Coordination of Airport Plannin ✓ -- __--
Corridor Studies ✓ �/ ✓ — ✓ - --
Database Development ✓ --- --
Demo ra hic Data ----
Env.Review ✓ ✓ ✓ ✓ ✓ ✓ - - -
EnvAand Use M mt. ✓ - - ---
Environmental Planning 6/
Financial, Ins. Wkrs. Comp. Svcs. to Memb ✓ -
GIs
Grant Review - --- - -
Growth Impact Analysis
Intograged Waste M mL Task Force ✓ - - -
Inter . Ret / P m M mt ✓ - -
Lead Agy. Reg. Criminal Justice Pn . ✓ - -
Long Range Met. Trans. Pn . ✓ ✓ ✓ - ---
--
MPO ✓ ✓ ✓ ✓ ✓ -
Modetin Forecasting VO- ✓ —� - — -
Planning Support/Technical Assistance ✓ ✓ ✓ - -
10pen Space / Habitat Preservation ✓
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