10-0504_ORANGE COUNTY COUNCIL OF GOVERNMENTS_Amd & Rstd Joint Powers AgrEXHIBIT "A"
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Amended and Restated Agreement made
between the Member Agencies (listed in Exhibit 1) 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 the establishment of a council 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.
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F. Member Agencies believe that an Orange County Council of
Governments ("OCCOG") is best suited to accomplish the preparation of
subregional plan components mandated by state and federal law to 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.
G. Between approximately April 1996 and January 1998, thirty (30)
Member Agencies adopted the original Joint Powers Agreement ("Original JPA' for
the OCCOG. Since that date, twelve (12) additional Orange County agencies have
signed the Original JPA to become Member Agencies.
H. The Member Agencies believe the OCCOG has been operating
effectively at accomplishing its purposes, as outlined in the Original JPA, and seeks
to have the Original JPA amended by this Amended and Restated JPA to better
comport with the present and anticipated future needs of the OCCOG.
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
This Agreement amends and supersedes the Original JPA in its entirety.
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 from 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.
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SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill
the purposes of this Agreement'fbc OCCOG 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;
e. Exercise jointly the common powers of its members to
manage and administer any implementation agreement or
program;
f Blake and enter into contracts;
g. Contract for the services of engineers, attorneys, planners,
financial consultants and others and employ such other
persons, as it deems necessary:
h. Adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
i. Apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
j. Seek the adoption or defeat of any federal, state or local
legislation or regulation necessary or desirable to accomplish
the stated purposes and objectives of the OCCOG;
k Incur debts, liabilities or obligations;
1. Acquire, hold or dispose of property;
M. Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
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n. To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member agencies to
achieve the OCCOG's objectives and such further powers
not specifically mentioned herein, but common to 'Member
Agencies, and authorized by California Government Code
Section 6508.
2.2 Limitation of Powers
The manner in which the OCCOG may exercise its powers shall be
subject to any statutory limitations applicable to the Orange County
Transportation Authority.
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, or 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 C'Board's 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 of the member parties at any time shall be shown on Exhibit
1, attached, as amended or supplemented from time to time.
3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG.
The withdrawal of a member agency shall become effective ninety (90) days after a
resolution adopted by its governing body which authorizes withdrawal is received by
the OCCOG.
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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. Recognizing
the provisions for formation in Section 9.1 of this agreement, the Board would be
composed of elected officials and ex -officio (non voting) representatives of the
following entities, as further provided in the OCCOG's Bylaws:
Entity
No. of
Members
Vod@,V
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
1
Orange County Representative to SCAQMD
1
Orange County Delegates to SCAG
12
Orange County SCAG representative
i
At -large Orange County Cities Member
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Total Members
20 voting
Additionally, there shall be one Orange County Division, league of
California Cities Representative (non-voting Ex -Officio), one Private Sector
Representative (non-voting Ex -Officio) and one University Representative (non-
voting Ex -Officio) on the OCCOG Board, but more may be established based on
needs and in accordance with the OCCOG's Bylaws.
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4.2 Terms/Removal
Board members serve at the pleasure of the appointing entity and Board, as
further set forth in the OCCOG Bylaws.
4.3 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member
of the appointing entity or no longer qualifies 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.
Each Board member can designate one or two alternates, provided that said
alternates serve in a similar capacity in the entity as the Board member (ix., 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 in the absence of the director for whom the alternate
director serves.
All provisions of law relating to conflicts of interest that apply to a Board
member shall apply to alternate board members.
4.4 Ex -Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions, and shall have the right to place matters on the
agenda, but shall not be counted towards a quorum of the Board and shall have no
vote.
4.5 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. Procedures
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for filling open OCCOG member positions will follow those described in the
OCCOG's Bylaws.
4.6 Officers
Chair: The Chair of the Board shall be elected annually as further
provided in the OCCOG bylaws. Any Board member may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually, as further
provided in the OCCOG bylaws, and have all the powers to act in the place of the
Chair in the Chairs absence.
4.7 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.
4.8 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.
4.9 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG Board.
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SECTION 5
STAFFING. FUNDING AND ADDITIONAL
RESPONSIBILITIES
5.1 Staffing, Consultants and Agents
The Board shall have the power to appoint, by employment or on a
contractual basis, and remove an administrative officer to serve as the Executive
Director of the Board. Such Executive Director shall have full authority and
responsibility to implement the purposes and objectives of the OCCOG, subject to
the general authority of the Board and specific definition of duties, responsibilities
and compensation by contract or employment terms as approved by the Board and
as provided by the OCCOG Bylaws. The duties of the Executive Director may be
delegated by the Executive Director to subordinate employees or performed through
contractual services.
The Board may appoint any additional staff, consultants or agents, as deemed
necessary or desirable by approval of the Board. Such additional officers may be
officers or employees of a Member Agency or the Board may approve entering into a
contractual agreement for services for any function necessary for the Board to carry
out its purpose, which additional officers or employees shall not be deemed
employees of the OCCOG.
Additional support to OCCOG may be provided through committees, as
established in the Bylaws.
5.2 Funding
Dues: Each Member of the OCCOG shall pay annual membership dues to
recover costs for staffing, legal services, equipment, materials, contract services,
office space and other capital and operational costs as stipulated by OCCOG's
annual adopted budget, which dues shall initially be set at the amount provided as
Exhibit "2" attached hereto and, thereafter, adjusted pursuant to OCCOG's annual
adopted budget. Said dues structure shall be established by resolution of the Board
and shall be updated annually.
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Additional funding for the OCCOGs operation may be provided by monies
provided to Orange County from the Southern California Association of
Governments, member and/or non-member agency financial contributions, grants,
and other sources authorized and approved by the OCCOG Board.
5.3 Assignment of Additional Responsibilities
Additional responsibilities will be undertaken by OCCOG in accordance with
the following procedures.
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 Director or an OCCOG committee the task of examining staffing
needs and funding issues to undertake additional responsibilities, including the
need to establish a special assessment to fund any additional responsibility, 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 Executive Director or OCCOG committee will also base its
recommendations, and the OCCOG 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.
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 approval of its Board, with
concurrence of the affected agency(ies).
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SECTION 6
FINANCES
6.1 Budget
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Prior to July 1st of each fiscal year, the Board shall adopt a budget.
6.2 Designation of Treasurer and Auditor/Controller
The Board shall, in accordance with applicable law, designate a Treasurer and
Auditor/Controller 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 dudes described in Section 6505 and 6505.5 of the Government
Code and such dudes as may be required by the Board. The Auditor/Controller shall
maintain the financial records of the OCCOG, and 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
As authorized by California Government Code Section 6508.1, 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.
The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities and
obligations of the OCCOG alone, and not of the Members.
6.4 Control and Investment of OCCOG 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.
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6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and property 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.
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 member agencies at all reasonable times.
SECTION 7
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.
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. 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.
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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. Tertnnation shall be accomplished by a majority action of the Board.
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.
MEMBER
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APPROVED AS TO FORM:
By: �WIL jal,� b�
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Title: _
EXHIBIT 1
MEMBER AGENCIES LISTING
City of Aliso Viejo
City of Anaheim
City of Brea
City of Buena Park
City of Costa Mesa
City of Cypress
City of Dana Point
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Laguna Woods
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
City of Rancho Santa Margarita
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
City of Yorba Linda
County of Orange
Orange County Independent Special Districts/Water Agencies
Orange County Transportation Authority
Foothill / Eastern Transportation Corridor Agency
San Joaquin Hills Transportation Corridor Agency
County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,71,13,14
South Coast Air Quality Management District
BYLAWS
ORANGE COUNTY COUNCIL OF GOVERNMENTS
(A JOINT POWERS AUTHORITY)
PREAMBLE
The Orange County Council of Governments ("OCCOG") is a separate public agency
voluntarily established by its Members pursuant to the Joint Exercise of Powers Act,
chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California
Government Code, which authorizes two (2) or more public agencies by a Joint Powers
Agreement to exercise any power common to them. Said Agreement, attached as
Exhibit "A" herein, was duly approved and enacted. Said Agreement remains fully
effective.
In conjunction with, and subject to the limitations of, the terms of the Agreement, these
Bylaws authorize, govern, and regulate the powers, conduct, rules, procedures, and
operations of OCCOG.
ARTICLE I. DEFINITIONS
For purposes of these Bylaws and throughout the Agreement, the following words,
terms, phrases and their derivations shall have the meaning given herein. Hereinafter,
the word "shall" is always mandatory and not merely directory.
"Affected Agency" shall mean any public agency that is statutorily responsible for
providing a specified and particular service.
"Agreement" shall mean the Joint Powers Agreement for the Orange County Council of
Governments.
"Alternate Board Member" or "Alternate" shall mean an individual who is designated to
substitute in the capacity as a Member of the OOCOG Board for a specified Board
Member who may become absent. The Alternate shall not become a governing director
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of OCCOG or serve as Board Member until such time as the Alternate assumes
the seat of the absent Board Member.
Appointee to the OCCOG Board" shall mean either a Board Member or an Alternate.
"AQMD" shall mean the South Coast Air Quality Management District.
"Board" or "Board of Directors" shall mean the collective governing body of the OCCOG,
which represents all Members and exercises the powers and functions of the JPA
Agreement.
"Board Member" or "Member of the OCCOG Board" shall mean a designated individual
or an Alternate who serves on the OCCOG Board of Directors.
"City Member" shall mean a Member Agency to the OCCOG that is incorporated as a
city within the geographical boundaries of Orange County.
"Elected Official" shall mean an individual elected to the governing body of a Member
Agency by the general public.
"Executive Director" shall mean the Executive Director to the Orange County Council of
Governments, as established pursuant to these bylaws.
"Executive Management Committee" shall mean the advisory body to the OCCOG board
as established pursuant to these bylaws.
"Fiscal Year" shall mean the annual period from Julyl to and including the following June
30.
"Founding Member" shall mean a Member whose governing body determined to join the
OCCOG prior to the first Board meeting on August 15, 1996.
"General Assembly" shall mean the collective OCCOG body consisting of one
representative designated by each Member Agency.
"ISDOC" shall mean the Independent Special Districts of Orange County.
"League of California Cities" or "Division" shall refer to the association of public entities,
which comprise the Orange County Division of the League of California Cities.
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"Member Agency" or "Member" shall mean a party to the Joint Powers Agreement
for the Orange County Council of Governments.
"Member of the General Assembly" shall mean a representative to the OCCOG General
Assembly designated by a Member Agency.
"Non-voting Ex Officio Member" shall mean a Member of the OCCOG Board of Directors
who does not have a vote in OCCOG governing decisions and whose presence shall not
be counted in determining whether a quorum exists. Non-voting Ex Officio Members
may place items on the agenda for consideration by the Board and participate in Board
discussions.
"OCCOG" shall mean the Orange County Council of Governments.
"OCSD" shall mean the County Sanitation Districts of Orange County.
"Policies and Procedures Manual" shall mean the Orange County Council of
Governments Policies and Procedures Manual to the OCCOG ByLaws, adopted and
amended by the OCCOG Board of Directors.
"Quorum" shall mean fifty percent (50%) plus (1) of the OCCOG board of directors,
excluding vacant board seats (no appointments) and non-voting Ex Officio members.
"SCAG" shall mean the Southern California Association of Governments.
"SCAG District" shall mean a geographic community of cities designated by SCAG.
OCCOG Board representation on SCAG District City representative seats shall
correspond to the Orange County SCAG districts.
"Subregional organization" shall mean a subregional planning agency as formally
established under a joint powers agreement pursuant to California Government Code
6500 et.seq. for general planning purposes.
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ARTICLE II. PURPOSE AND FUNCTIONS
2.1 Purposes.
As stated in the Agreement, the OCCOG was formed for the following broad
purposes:
A. To facilitate area -wide planning and coordination in order to provide
advice to public entities on a range of issues that affect multiple interests
in Orange County; and,
B. 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; and,
C. To accomplish the preparation of subregional plan components mandated
by state and federal law; and,
D. To conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an area -wide and
regional basis through the establishment of a council of governments;
and,
E. To explore areas of intergovernmental cooperation and coordination of
government programs and provide recommendations and solutions to
problems of common general concern.
2.2 Tasks and Functions.
Toward the accomplishment of the above-mentioned purposes, the OCCOG
shall have the authority to conduct the following tasks and functions as stated
throughout the Agreement.
A. Serve as a forum for consideration, study and recommendation on area -
wide and regional problems; and,
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B. Assemble information helpful in the consideration of problems peculiar to
Orange County; and,
C. Explore practical avenues for intergovernmental cooperation,
coordination, and action in the interest of its members; and,
D. Seek economies of scale whenever practical in the administration of
governmental services; and,
E. Conduct demographic activities, including but not limited to the approval
of Orange County projections at the regional statistical level, in
conjunction with the Center for Demographic Research at California State
University, Fullerton (or successor); and,
F. Conduct air quality activities including monitoring regional, state and
federal air quality plans, programs, proposed rules and regulations as
they affect Member Agencies, and serve as liaison for Members with
SCAG, South Coast AQMD and others on air quality issues; and,
G. Provide Orange County input and advice regarding SCAG activities
including: the development and implementation of SCAG's Regional
Comprehensive Plan & Guide; the development of long-range
transportation plans prepared by transportation commissions; and, the
preparation of other long-range plans/strategies as agreed by the
OCCOG Board of Directors; and,
H. Facilitate intergovernmental coordination with public and private sectors
on issues common to Orange County governmental agencies; and,
Provide legislative review, outreach, and interface on activities affecting
member agencies; and,
J. Participate in the Regional Housing Needs Assessment activities for
Orange County.
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2.3 Additional Tasks and Responsibilities.
Pursuant to Section 5.3 of the Agreement, the OCCOG shall also have the
authority to examine issues as requested by Member and Non -Member Agencies
and present recommendations to the OCCOG Board of Directors. However, the
OCCOG Executive Director and Board of Directors may not implement tasks
beyond those enumerated in Section 2.2 above without the approval of two-thirds
(2/3) of the total voting membership of the Board and the concurrence of affected
agencies. For the purposes of these Bylaws and the Agreement, "concurrence of
affected agencies' shall mean all of those agencies statutorily responsible for
providing the service. Legal counsel shall advise the Board on any procedural
steps required for the expansion of tasks prior to Board approval of the new
tasks.
2.4 General Powers.
The OCCOG shall possess the authority to exercise any and all those legislative,
administrative, and financial powers which are common to all Members at the
time the power is exercised and are necessary to accomplish the purposes of the
OCCOG as stated above and throughout the Agreement, subject to the
limitations specified in Section 2.5 of these Bylaws below.
2.5 Limitation of Powers.
The exercise of power by the OCCOG shall be limited by the following:
A. The OCCOG shall have no authority orjurisdiction to impose any land
use requirements on the owner, developer, or occupant of any property,
nor shall OCCOG mandate that any public entity must adopt any such
requirement. The OCCOG shall have no authority or jurisdiction with
respect to the establishment of land use planning, spheres of influence for
cities, or land use approvals. Further no action by the OCCOG will
change, reduce, or interfere with the local authority and decision-making
of cities or the County. However, the OCCOG may study regional and
subregional land use issues and may provide information and
recommendations to public and private entities regarding such.
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The OCCOG shall have no authority or jurisdiction to impose any tax or
assessment, nor shall OCCOG impose any fee that is not reasonably
related to recover the cost of a service provided by OCCOG.
C. The manner in which the OCCOG may exercise its powers shall be
subject to any statutory limitations applicable to the City of Lake Forest,
including but not limited to administrative procedures, personnel policies,
and the letting of contracts and agreements.
ARTICLE III. MEMBERSHIP
3.1 Members of the OCCOG.
Members of the OCCOG shall be all public agency parties to the Agreement,
including any addendum, supplement or amendment thereto, as individually
executed on behalf of the respective governing bodies of the public agency
parties, and which have not duly withdrawn from the membership as provided
herein. Founding Members shall consist of those public agencies, which
determined to join the OCCOG prior to the date of the first Board meeting on
August 15, 1996, as established in OCCOG Board Resolution 97-1, Exhibit Il,
attached hereto and incorporated herein by this reference as Exhibit A.
Following the first Board meeting, any additional public agency located within the
geographical boundaries of Orange County may petition to become a Member of
the OCCOG by submitting to the Board of Directors a resolution adopted by the
petitioner's governing body requesting consideration for membership along with
any additional information required by the OCCOG Board. The Board shall
review the petition for qualification as membership and shall vote to approve or
disapprove the petition. Petitioners shall become Members at such time as a
majority of the total voting membership of the Board approves the petition, and
the petitioner signs an addendum to the Agreement assenting to the terms and
conditions of the Agreement and these Bylaws. Exhibit 2 to the Agreement,
which lists the names and addresses of members, shall be updated when new
Member Agencies join or when Member agencies leave, as a Supplement to the
Agreement.
3.2 Withdrawal.
Any Member of the OCCOG may withdraw from membership at any time with or
without cause. Withdrawal does not become effective until ninety (90) days after
a resolution approved by the Member's governing body authorizing withdrawal is
submitted to the OCCOG Board of Directors.
ARTICLE IV. GENERAL ASSEMBLY
4.1 Meetings.
The General Assembly of the OCCOG shall consist of one representative
designated by each Member of the OCCOG. The date, time, and place of the
General Assembly meeting shall be established by Resolution of the Board.
Special meetings of the General Assembly may be called by a quorum of the
Board in attendance at any Board meeting or by written petition signed by ten
percent (10%) of the General Assembly. The Chair of the Board shall serve as
Chair of the General Assembly. All meetings of the General Assembly shall be
called and conducted, and an agenda posted, in accordance with the Ralph M.
Brown Act, Government Code Section 54950 et seq., ('Brown Act") as it now
exists or may hereafter be amended.
4.2 Consideration of Issues.
The Staff of the OCCOG shall present a report to the General Assembly for their
comment and direction including the following:
A. A summary of projects and accomplishments undertaken by the OCCOG
during the previous fiscal year; and,
B. An annual financial statement of the previous fiscal year;
C. A proposed work program for the following fiscal year; and,
D. A budget of income and expenditures for the subsequent fiscal year that
shall be adopted by the General Assembly, including a listing and amount
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of sources of funding and all matching requirements and obligations to satisfy the
funding, for all projects undertaken or coordinated by the OCCOG; and,
E. Any other issue agendized for consideration by the General Assembly as
requested by any Board Member, EMC Member, Member of the General
Assembly, or OCCOG Executive Director.
4.3 Powers
Actions by the General Assembly shall be in the form of recommendations
forwarded to the Board and shall require a vote of approval by a majority of those
Members of the General Assembly in attendance. A quorum of the General
Assembly shall consist of a simple majority of the total membership to the
General Assembly.
ARTICLE V. BOARD OF DIRECTORS
5.1 Representation.
A. The Members shall exercise the powers and functions of OCCOG
through its representatives on the Board of Directors. Concurrent with
membership on the OCCOG Board, each voting Member of the Board
shall be an Elected Official of a Member Agency. Voting Members of the
OCCOG Board shall serve the OCCOG Members as a whole, and shall
represent no special group or interest.
B. Board members shall include representation from the public agencies,
special districts and agencies as listed herein, and shall not represent
more than one of the agencies included among the Board of Directors.
(1) Orange County Division, League of California Cities (OCC, LCC)
Representative: 1 seat
(2) County -At -Large Representative: 1 seat
(3) Orange County Transportation Authority (OCTA) Representative:
1 seat
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(4) Transportation Corridor Agencies (TCA) Representative: 1 seat
(5) County Sanitation Districts of Orange County (OCSD)
Representative: 1 seat
(6) Independent Service Districts of Orange County (ISDOC)
Representative: 1 seat
(7) South Coast Air Quality Management District (SC AQMD) — Cities
Representative: 1 seat
(8) South Coast Air Quality Management District (SC AQMD) —
County Representative: 1 seat
(9) Southern California Association of Governments (SCAG) District
Representatives: 1 seat for each SCAG District, for a total of 12
SCAG District seats, as described below and as may be
amended:
(a) District 12, representing the cities of Dana Point, Laguna
Beach, Laguna Niguel, San Clemente and San Juan
Capistrano.
(b) District 13, representing the cities of Aliso Viejo, Laguna
Hills, Laguna Woods, Lake Forest, Mission Viejo, and
Rancho Santa Margarita.
(c) District 14, representing the cities of Irvine and Newport
Beach.
(d) District 15, representing the cities of Costa Mesa and
Fountain Valley.
(e) District 16, representing the City of Santa Ana.
(f) District 17, representing the cities of Orange, Tustin and
Villa Park.
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(g) District 18, representing the cities of Cypress, Garden Grove and La Palma.
(h) District 19, representing the city of Anaheim.
(i) District 20, representing the cities of Los Alamitos, Seal
Beach, Stanton, and Westminster.
Q) District 21, representing the cities of Buena Park and
Fullerton.
(k) District 22, representing the cities of Brea, La Habra,
Placentia and Yorba Linda.
(1) District 64, representing the city of Huntington Beach
(10) SCAG - County Representative: 1 seat
(11) Cities At -Large Representative: 1 seat
(12) Private Sector Representative: 1 seat — Non-voting Ex Officio
(13) University Representative: 1 seat — Non-voting Ex Officio
C. Each Board Member may also appoint one Alternate to serve on the
OCCOG Board in the absence of the appointed Board Member, provided
that the Alternate Member is an Elected Official from a Member Agency.
The Alternate shall be designated within ten (10) days of the appointment
of the Board Member. Designated Alternates shall receive all notices and
written material as do Board members.
D. Terms of Board Members and Alternate Board Members shall be
governed by the selection/election process for each category of
representative as described herein.
E. The OCCOG Board may review the composition of cities in each SCAG
district every five years, in accordance with SCAG bylaws, to determine if
adjustments to SCAG district boundaries are warranted based on city
population data and newly -incorporated cities, and may make
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recommendation to SCAG on any proposed adjustments to SCAG district
boundaries.
5.2 Selection of Board Members.
Each representative seat of the Orange County Council of Governments is
selected as identified herein, with the selection process conducted in accordance
with the OCCOG Policies and Procedures Manual.
OCCOG Board Member Representatives that are selected for a two -term are as
follows:
A. SCAG District City Representatives: In accordance with SCAG election
procedures for SCAG District Representatives, the OCCOG Member
Cities located within each SCAG District in Orange County shall elect a
city council member to the SCAG Regional Council.
The elected District Representative to the SCAG Regional Council shall
also be appointed as the OCCOG Board Member for said SCAG District,
for the term of the SCAG District Representative. If no cities in the
District are members of SCAG, cities in the District may elect an elected
official from one of the cities in the District as the OCCOG Board Member.
The OCCOG Executive Director shall conduct the SCAG District
Representative elections in accordance with SCAG bylaws and SCAG
district election procedures, provided that each SCAG District appointee
shall be an Elected Official from one of the Member Cities within the
SCAG District.
B. Private Sector Representative: The OCCOG Board shall appoint one
person from the private sector to serve as a non-voting Ex Officio
Member of the Board, in accordance with selection procedures
established by the OCCOG Board.
C. University Representative: The OCCOG Board shall appoint one person
representing Orange County Universities, to serve as a non-voting Ex
Officio Member of the Board, in accordance with selection procedures
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established by the OCCOG Board. Appointees from the University of California at
Irvine (UCI), California State University at Fullerton (CSUF) and Chapman
University shall serve a 2 -year rotating term.
OCCOG Board Member Representatives that are appointed and serve at the
pleasure of the appointing body, are as follows:
D. Orange County Division, League of California Cities Representative: The
Orange County Division, League of California Cities shall appoint one
OCCOG Board Member, provided that the appointee is an Elected Official
of a Member Agency.
E. County At Large Representative: The Orange County Board of
Supervisors may appoint one Supervisor as a Member of the OCCOG
Board.
F. OCTA Representative: The Board of Directors for the Orange County
Transportation Authority ("OCTA Board") may appoint one of its Directors
as a Member of the OCCOG Board.
G. TCA Representative: The governing boards of the Orange County
Transportation Corridor Agencies ("TCA") may appoint one Board
Member to the OCCOG Board, provided that the appointee is an Elected
Official of a Member Agency
H. OCSD Representative: The joint governing board of the County
Sanitation Districts of Orange County Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14,
may appoint one Board Member to the OCCOG Board, provided that the
appointee is an Elected Official of a Member Agency.
I. ISDOC Representative: The Board of Directors for ISDOC may appoint
one Board Member to the OCCOG Board, provided that the appointee is
an Elected Official of a Member Agency.
J. SC AQMD — Cities Representative: The Orange County Cities
representative to the South Coast Air Quality Management District
(AQMD)'s Governing Board shall be automatically appointed as a
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Member of the OCCOG Board, provided that the appointee is an Elected Official of
a Member Agency.
K. SC AQMD — County Representative: The County of Orange
representative to the South Coast Air Quality Management District
(AQMD) Governing Board shall be automatically appointed as a Member
of the OCCOG Board, provided that the appointee is a Supervisor for the
County of Orange.
L. SCAG County Representative: The Representative to the SCAG Regional
Council for the County of Orange shall automatically become a Member
of the OCCOG Board, provided that the appointee is a Supervisor for the
County of Orange.
M. Cities At -Large Representative: One at -large Member of the Board shall
be appointed through the City Selection Committee as established
pursuant to Section 50270 of the Government Code, provided that the
appointee is an Elected Official of a City Member.
5.3 Board Vacancies and Term of Office.
Unless otherwise provided in Section 5.2 above, the Executive Director shall
arrange for a special election in the event the respective Board seat becomes
vacant. The appointment of a Board Member to fill a vacancy shall in all other
respects follow the procedures and requirements set forth in Sections 5.1 and 5.2
herein, and said Board Member shall serve for the remainder of the term of
office.
5.4 Officers.
A. The Officers of the OCCOG shall consist of the Chair and Vice Chair,
which positions shall be elected annually at the first Regular Meeting of
each calendar year by a majority of the Board Members in attendance.
B. The Chair shall preside at all meetings of the Board and shall exercise
firm control and direction during the course of any Board meeting. No
Member of the OCCOG Board, any presenter, or any member of the
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general public shall address the Board until recognized by the Chair. The Chair
and the Board shall be guided, but not bound, by Roberts Rules of Order,
latest revision, on all questions of procedure and parliamentary law not
covered by the Bylaws or other rules and regulations adopted by the
Board.
C. The Vice Chair shall perform all duties of the Chair in the temporary
absence of the Chair. No Alternate may serve as Chair or Vice Chair.
D. The Executive Director shall exercise general supervision over the
business papers and property of the OCCOG, and shall execute all
resolutions and agreements on behalf of the Board, subject to the
restrictions of these Bylaws and the laws of California.
5.5 Meetings.
A. Meeting Schedule: Regular meetings of the Board shall be set according
to a schedule approved by the Board at its first meeting each calendar
year. Said schedule shall include the time, date, and location of Regular
Meetings, The Board may designate a different time, date, or location for
any Regular Meeting by giving notice of the change at the prior Regular
Meeting.
B. Special Meetings: Special meetings of the Board may be called by the
Chair at any time or a majority of the Board Members present at any
Regular Meeting. The Chair or a majority of the Board Members present
shall direct the OCCOG Clerk of the Board to deliver notice of the Special
Meeting in compliance with the Brown Act.
C. Meeting Adjournment: The Board may adjourn a meeting from time to
time, with absentees notified thereof. In case there is no quorum present
at any meeting, the Board Members present may adjourn until a quorum
is obtained that same day, may adjourn to any specified date, may
adjourn to a Special Meeting date, or may adjourn to the next Regular
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Meeting. If no Members of the Board are present, the OCCOG Executive Director
may adjourn the meeting.
D. Quorum: The Board shall transact no business until a quorum of the
Board is present. A quorum of the Board shall be a majority of the total
voting Board Members who have been appointed pursuant to Article V
herein, and who remain qualified to serve as Board Members. If the
number of voting Board Members is an even number, then a quorum shall
require one more than half the number of voting Board Members. Non-
voting Ex Officio members in attendance at a Board meeting shall not be
counted toward reaching a quorum. Board seats for which no
appointments have been made, shall not be counted towards reaching a
quorum.
E. All board meetings of the OCCOG shall be called and conducted, and an
agenda posted, in accordance with the Brown Act and in accordance with
adopted OCCOG procedures. No business shall be transacted at any
meeting other than that stated in the notice of said meeting unless
otherwise authorized pursuant to the Brown Act.
ARTICLE VI. COMMITTEES
6.1 Procedural Regulations.
All committees created by these Bylaws or by resolution of the OCCOG Board,
all meetings held hereunder, and all actions taken by said Committee shall be
subject to the requirements of the Brown Act, as it now exists or may hereafter
be amended, and any conflict of interest regulations promulgated by the State of
California or the OCCOG Board of Directors.
6.2 Executive Management Committee (EMC).
A. The EMC shall consist of the following:
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(1) One executive -level staff representative each from the
following groups of agencies, provided that the agency is a
Member of OCCOG:
(a) the County of Orange;
(b) Orange County Transportation Authority;
(c) Members of Orange County ISDOC/Water Agencies;
(d) Members of the Orange County Transportation Corridor
Agencies; and,
(e) Members of the County Sanitation Districts of Orange
County
(2) Five City Managers of Member Cities as appointed by the Orange
County City Managers Association.
(3) The Executive Director of the OCCOG.
B. The EMC shall designate a Chair and Vice Chair at the first EMC meeting
of the calendar year to preside over the EMC meetings.
C. The EMC shall serve as an advisory body to the OCCOG Board on
subject matters within the jurisdiction of the OCCOG. The EMC shall
provide advice and comment to the OCCOG Board and Executive
Director regarding the administration and management of the OCCOG
with the approval of a majority of the EMC Members present. The EMC
shall have no authority to take legislative action, but may make IegislativE
and policy recommendations to the OCCOG Board with the approval of a
majority of the EMC members present.
D. The EMC shall transact no business on any issue that is not included in
the agenda for the EMC meeting. Nor shall the EMC take action on any
item without a quorum of the EMC present. A majority of the members
appointed to the EMC shall constitute a quorum of the EMC.
E. Regular meetings of the EMC shall be held monthly at the date, time and
place as established by the EMC. Special Meetings of the EMC may be
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called by the OCCOG Executive Director or by a majority of the EMC members.
8.3 Technical Advisory Committee (TAC).
The OCCOG Technical Advisory Committee (TAC) shall be comprised of
designated staff members from OCCOG Member Agencies to provide technical
review of issues and items and to provide recommendations on its technical
review, to the OCCOG Board. The TAC shall designate a Chair and Vice Chair at
the first TAC meeting of the calendar year to preside over the TAC meetings.
Regular meetings of the TAC shall be held monthly at the date, time and location
established by the TAC. The TAC shall also have the authority to establish
special meetings by a majority of TAC members present.
ARTICLE VII. STANDING AND AD HOC COMMITTEES
The Board may establish Standing and Ad Hoc Committees. The Standing and Ad Hoc
Committees shall be for the purpose of developing recommendations to the Board. All
Standing and Ad Hoc Committees shall have a written statement of purpose, and the Ad
Hoc Committees shall in addition have a written statement of charges, before they are
formed. The Chair shall recommend, and the Board shall appoint by a majority of the
Board Members present, the members to the Standing and Ad Hoc Committees.
Members of the Standing and Ad Hoc Committees shall be appointed for up to one year
terms. In making recommendations for members of the Standing and Ad Hoc
Committees, the Chair shall consider regional representation. A quorum of a Standing
or Ad Hoc Committee shall be fifty percent (50%) plus one (1) of its membership. All
Standing or Ad Hoc Committees shall be chaired by a Member of the OCCOG Board.
The meetings of the Standing and Ad Hoc Committees shall be held in accordance with
the Brown Act, unless exempted by said Act.
ARTICLE VIII. STAFFING
8.1 OCCOG Executive Director
The OCCOG Executive Director shall coordinate staff resources toward the
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completion of tasks assigned by these Bylaws or other order of the OCCOG Board.
The OCCOG Executive Director shall seek the provision of staff resources from
Member Agencies and coordinate among Members to accomplish said tasks.
8.2 General Counsel.
The OCCOG Board shall appoint General Counsel to serve as legal advisor in all
matters related to the performance of the OCCOG.
8.3 Contract Assistance.
The OCCOG Board or the OCCOG Executive Director shall have the authority to
contract for consultant services at its discretion to implement or to assist OCCOG
Staff in the implementation of the tasks assigned by these Bylaws or other order
of the OCCOG Board.
8.4 Staff Responsibilities.
Responsibilities of the individuals assigned to OCCOG tasks shall be determined
by the OCCOG Executive Director.
8.5 Additional Officers and Agents.
The Board shall have the power to authorize such additional officers and agents
as may be appropriate. Such officers and agents may also be, but are not
required to be, officers and employees of the individual Members. None of the
officers, consultants, or agents engaged by the OCCOG in the implementation of
tasks assigned by these Bylaws or other order of the OCCOG Board shall be
deemed to be employees of the OCCOG.
8.6 Status of Members' Officers and Employees.
As provided in Government Code Section 6513, all of the privileges and
immunities from liability and other benefits which apply to the activity of officers,
agents, or employees of any of the Members when performing their respective
functions within the territorial limits of their respective public agencies shall apply
to them while engaged in the performance of any of their functions and duties
extraterritorially under the Agreement or these Bylaws.
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ARTICLE IX. FINANCES
9.1 Treasurer.
Pursuant to Government Code Section 6505 and 6505.5 governing the
accountability of all funds and report of all receipt and disbursements for
agencies created pursuant to a joint powers agreement, the OCCOG Board shall
designate the Treasurer of one of the Member Agencies or a certified public
accountant, to serve as the "Treasurer" of the OCCOG at the pleasure of the
Board. The Treasurer shall be the depository and have custody of all the money
of the OCCOG from whatever source, and shall provide strict accountability of
said funds in accordance with Government Code Sections 6505 and 6505.5.
The Treasurer shall possess the powers of, and shall perform those functions
required by, Government Code Sections 6505, 6505.5, and all other applicable
laws and regulations, including any subsequent amendments thereto.
Particularly, the Treasurer shall perform, but not be limited to, the following
duties:
(a) Receive and receipt for all money of OCCOG, and place it in a
separate bank account in the name of OCCOG under the control
of the treasurer so designated to the credit of OCCOG;
(b) Be responsible upon his official bond for the safekeeping and
disbursement of all OCCOG money so held by him;
(c) Pay, when due, out of money of OCCOG so held by him, all sums
payable on outstanding bonds and coupons of OCCOG;
(d) Pay any other sums due from OCCOG, from OCCOG money or
any portion thereof, only upon warrants of the public officer
performing the functions of auditor/controller who has been
designated by the agreement; and
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(e) Verify and report in writing on the first day of July, October,
January, and April of each year to the OCCOG Board and to the
Member Agencies, the amount of money held for the OCCOG as
of the last day of May, August, November and February,
respectively, the amount of receipts since the last report, and the
amount paid out since the last report.
(f) Invest surplus funds in accordance with an OCCOG Investment
Policy, as adopted by the OCCOG Board and as established in
the OCCOG Policies and Procedures Manual.
9.2 Auditor/Controller.
The OCCOG Board shall select an Auditor/Controller for the OCCOG pursuant to
Government Code Section 6505 et seq, governing the accountability of all funds
and report of all receipt and disbursements for agencies created pursuant to a
joint powers agreement. The Auditor/Controller of OCCOG shall maintain the
financial records according to generally accepted accounting principles. The
Auditor/Controller shall draw warrants to pay demands against the OCCOG when
such demands have been approved by the Board or by any other person duly
authorized to approve said demands.
9.3 Disbursement of OCCOG Funds
The OCCOG Board of Directors shall adopt procedures on the establishment of a
separate bank account for the OCCOG, with said procedures identifying the
authorized signatories to any disbursement of OCCOG funds from said bank
account. The authorized signatories to any disbursement of OCCOG funds shall
be reviewed and adopted each year by the OCCOG board, and shall be included
in the OCCOG Policies and Procedures Manual. Any disbursement of OCCOG
funds shall require a total of two signatures, including one Board member and
one OCCOG management staff (Executive Director or Treasurer). The OCCOG
Auditor/Controller shall not be an authorized signatory to any disbursement of
OCCOG funds.
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9.4 Annual Audit.
The Auditor/Controller shall contract with an independent certified public
accountant to make an annual audit of the accounts and financial records of the
OCCOG. The minimum requirements of the audit shall be those prescribed by
the State Controller for special districts under Section 26909 of the Government
Code and shall conform to generally accepted accounting standards. A report
thereof shall be filed as a public record with the OCCOG Board, each of the
Member Agencies, and the Orange County Auditor within twelve (12) months of
the end of the fiscal year under examination.
9.5 Bonding Requirement.
The officers or persons who have charge of, handle, or have access to any
property of the OCCOG shall be persons designated as such by the Board.
Each such designated officer or person shall be required to file an official bond
with the Board in an amount which shall be established by the Board. No bond
shall be required unless and until the OCCOG receives funds or is reasonably
expected to receive funds.
ARTICLE X. AMENDMENTS
10.1 Amendments.
Amendments to these Bylaws may be proposed by formal recommendation of
the Board of Directors, to be approved by the majority of the General Assembly.
Alternatively, the OCCOG Board may adopt an amendment to these Bylaws
proposed by any Board Member upon approval by three-fourths (3/4) of the total
voting membership of the Board making the following findings:
(a) there is need to take action; and
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(b) there is need for action prior to the next annual meeting of the
General Assembly.
10.2 Interpretation of Bylaws.
Any ambiguity or conflict regarding the interpretation of these Bylaws may be
resolved by a majority vote of the total membership of the Board.
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RESOLUTION NO. 10-05-04-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA EXECUTING AN AMENDED AND RESTATED
ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT
POWERS AGREEMENT
WHEREAS, the Orange County Council of Governments (OCCOG) serves as a
Southern California Association of Governments (SCAG) sub -regional organization that
represents the interests of Orange County in the consideration of SCAG plans, programs,
policies and legislative platforms; and,
WHEREAS, the OCCOG was duly established by a joint powers agreement as a
separate legal entity by and between thirty (30) founding member agencies between April
1996 and January 1998, with said member agency representation currently comprised of
forty (40) public agencies; and with each member, by and through its legislative body,
independently determining that the public interest, convenience and necessity required
creation of a joint powers authority known as the OCCOG; and,
WHEREAS, the OCCOG Board of Directors recognized the need to amend and
restate the original OCCOG joint powers agreement to: streamline and make consistent
certain provisions relating to OCCOG between the provisions in the joint powers agreement
and the provisions of the OCCOG bylaws; address updated references to member
agencies and their voting on the OCCOG Board of Directors; add a provision to establish
membership dues for member agencies; clarify the powers and limitations of OCCOG; and
broaden the ability of OCCOG to retain staff and consultants; and,
WHEREAS, the OCCOG Board of Directors duly conducted a public meeting on the
amended and restated OCCOG joint powers agreement on June 25, 2009 and
unanimously adopted the amended and restated OCCOG joint powers agreement and
authorized the transmittal of said amended and restated joint powers agreement to the
OCCOG Member Agencies for execution by the legislative body of each Member Agency;
and,
WHEREAS, in the conduct of business, the OCCOG has further established bylaws
which govern the effective and efficient conduct of the OCCOG, with the founding OCCOG
bylaws adopted on May 17, 1997; and,
WHEREAS, the OCCOG has concurrently undertaken a comprehensive
assessment and revision to its adopted bylaws, in consultation with the OCCOG Board Ad
Hoc Bylaws Subcommittee and the Orange County City Managers Association OCCOG
Oversight Committee; and,
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WHEREAS, the OCCOG Board of Directors, at its meeting of June 25, 2009,
reviewed, considered and adopted a comprehensive technical and policy revision to the
OCCOG bylaws to further define the operation of the OCCOG; and,
WHEREAS, the revised OCCOG bylaws effect such changes as refining OCCOG
board membership and voting provisions, authorizing membership dues; requiring that
OCCOG board members be from dues -paying member agencies in good standing; and
achieving a consistency between the provisions of the OCCOG joint powers authority
agreement and the OCCOG bylaws; and,
WHEREAS, the 2009 amendment to the OCCOG bylaws provides a comprehensive
technical and policy revision to the OCCOG bylaws, which are consistent with a 2009
amended and restated OCCOG joint powers agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approves the amended and restated OCCOG joint powers
agreement as adopted by the Orange County Council of Governments on June 25, 2009,
attached hereto as Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby authorizes the Mayor of the City of San Juan
Capistrano to execute the amended and restated OCCOG joint powers agreement and
transmit the signed OCCOG joint powers agreement to the OCCOG Interim Executive
Director.
PASSED, APPROVED, AND ADOPTED this 4u'Idarj pf May 2004.
)RES USO,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-05-04-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4"' day of
May 410, by the following vote:
AYISCOUNCIL MEMBERS:
N E COUNCIL MEMBER:
A S COUNCIL MEMBER:
Allevato, Hribar, Nielsen, Freese and Mayor Uso
None
None
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EXHIBIT 41V
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AMENDED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Amended and Restated Agreement made
between the Member Agencies (listed in Exhibit 1) 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 Govemment Code authorizes two (2) or more public agencies to
jointly exercise any power common to them.
B. Each Member Agency and patty 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 the establishment of a council 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 (OCCOG') is best suited to accomplish the preparation of
subregional plan components mandated by state and federal law to 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.
G. Between approximately April 1996 and January 1998, thirty (30)
Member Agencies adopted the original joint Powers Agreement ("Original JPA' for
the OCCOG. Since that date, twelve (12) additional Orange County agencies have
signed the Original JPA to become Member Agencies.
H. The Member Agencies believe the OCCOG has been operating
effectively at accomplishing its purposes, as outlined in the Original JPA, and seeks
to have the Original JPA amended by this Amended and Restated JPA to better
comport with the present and anticipated future needs of the OCCOG.
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
This Agreement amends and supersedes the Original JPA in its entirety.
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 from 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.
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SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill
the purposes of this Agreement, The OCCOG 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;
C.
Exercise jointly the common powers of its members to
manage and administer any implementation agreement or
program;
f.
Make and enter into contracts;
g.
Contract for the services of engineers, attorneys, planners,
financial consultants and others and employ such other
persons, as it deems necessary:
IL
Adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
i.
Apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
j.
Seek the adoption or defeat of any federal, state or local
legislation or regulation necessary or desirable to accomplish
the stated purposes and objectives of the OCCOG;
k.
Incur debts, liabilities or obligations;
1.
Acquire, hold or dispose of property;
M.
Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
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n. To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member agencies to
achieve the OCCOG's objectives and such further powers
not spedfically mentioned herein, but common to Member
Agencies, and authorized by California Government Code
Section 6508.
2.2 Limitation of Powers
The manner in which the OCCOG may exercise its powers shall be
subject to any statutory limitations applicable to the Orange County
Transportation Authority.
SECTION 3
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement, or any addenda, amendment, or 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 (Board'D 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 of the member parties at any time shall be shown on Exhibit
1, attached, as amended or supplemented from time to time.
3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG.
The withdrawal of a member agency shall become effective ninety (90) days after a
resolution adopted by its governing body which authorizes withdrawal is received by
the OCCOG.
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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. Recognizing
the provisions for formation in Section 9.1 of this agreement, the Board would be
composed of elected officials and ex -officio (non voting) representatives of the
following entities, as further provided in the OCCOG's Bylaws:
WIZ
Members
Voting
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 Representative to SCAQMD
1
Orange County Delegates to SCAG
12
Orange County SLAG representative
1
At -large Orange County Cities Member
1
Total Members
20 voting
Additionally, there shall be one Orange County Division, League of
California Cities Representative (non-voting Ex -Officio), one Private Sector
Representative (non-voting Ex -Officio) and one University Representative (non-
voting Ex -Officio) on the OCCOG Board, but more may be established based on
needs and in accordance with the OCCOG's Bylaws.
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4.2 Terms/Removal
Board members serve at the pleasure of the appointing entity and Board, as
further set forth in the OCCOG Bylaws.
4.3 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member
of the appointing entity or no longer qualifies 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.
Each Board member can designate one or two alternates, provided that said
alternates serve in a similar capacity in the entity as the Board member (Le., 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 in the absence of the director for whom the alternate
director serves.
All provisions of law relating to conflicts of interest that apply to a Board
member shall apply to alternate board members.
4.4 Ex -Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions, and shall have the right to place matters on the
agenda, but shall not be counted towards a quorum of the Board and shall have no
vote.
4.5 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. Procedures
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for filling open OCCOG member positions will follow those described in the
OCCOG's Bylaws.
4.6 Officers
Chair: The Chair of the Board shall be elected annually as further
provided in the OCCOG bylaws. Any Board member may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair. The Vice Chair of the Board shall be elected annually, as further
provided in the OCCOG bylaws, and have all the powers to act in the place of the
Chair in the Chair's absence.
4.7 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.
4.8 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
4.9 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG Board.
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SECTION 5
STAFFING, FUNDING AND ADDITIONAL
RESPONSIBILITIES
5.1 Staffing, Consultants and Agents
The Board shall have the power to appoint, by employment or on a
contractual basis, and remove an administrative officer to serve as the Executive
Director of the Board. Such Executive Director shall have full authority and
responsibility to implement the purposes and objectives of the OCCOG, subject to
the general authority of the Board and specific definition of duties, responsibilities
and compensation by contract or employment terms as approved by the Board and
as provided by the OCCOG Bylaws. The duties of the Executive Director may be
delegated by the Executive Director to subordinate employees or performed through
contractual services.
The Board may appoint any additional staff, consultants or agents, as deemed
necessary or desirable by approval of the Board. Such additional officers may be
officers or employees of a Member Agency or the Board may approve entering into a
contractual agreement for services for any function necessary for the Board to carry
out its purpose, which additional officers or employees shall not be deemed
employees of the OCCOG.
Additional support to OCCOG may be provided through committees, as
established in the Bylaws.
5.2 Funding
Dues: Each Member of the OCCOG shall pay annual membership dues to
recover costs for staffing, legal services, equipment, materials, contract services,
office space and other capital and operational costs as stipulated by OCCOG's
annual adopted budget, which dues shall initially be set at the amount provided as
Exhibit "2" attached hereto and, thereafter, adjusted pursuant to OCCOG's annual
adopted budget. Said dues structure shall be established by resolution of the Board
and shall be updated annually.
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Additional funding fat the OCCOG's operation may be provided by monies
provided to Orange County from the Southern California Association of
Governments, member and/or non-member agency financial contributions, grants,
and other sources authorized and approved by the OCCOG Board.
5.3 Assignment of Additional Responsibilities
Additional responsibilities will be undertaken by OCCOG in accordance with
the following procedures.
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 Director or an OCCOG committee the task of examining staffing
needs and funding issues to undertake additional responsibilities, including the
need to establish a special assessment to fund any additional responsibility, 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 Executive Director or OCCOG committee will also base its
recommendations, and the OCCOG 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.
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 approval of its Board, with
concurrence of the affected agency(ics).
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SECTION 6
FINANCES
6.1 Budget
Prior to July 1st of each fiscal year, the Board shall adopt a budget.
6.2 Designation -of Treasurer and Auditor/Controller
The Board shall, in accordance with applicable law, designate a Treasurer and
Auditor/Controller for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurershall
perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505 and 6505.5 of the Government
Code and such duties as may be requited by the Board. The Auditor/Controller shall
maintain the financial records of the OCCOG, and 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
As authoti2ed by California Government Code Section 6508.1, 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.
The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities and
obligations of the OCCOG alone, and not of the Members.
6.4 Control and Investment of OCCOG 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.
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6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and property 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.
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 ControUer or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the member agencies at all reasonable times.
SECTION 7
INDEMNITY
Each parry 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.
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. 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.
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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.
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.
MEMBER AGENCY
By:
Date: Title:
ATTEST:
By:
APPROVED AS TO FORM:
By:
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EXHIBIT 1
MEMBER AGENCIES LISTING
City of Aliso Viejo
City of Anaheim
City of Brea
City of Buena Park
City of Costa Mesa
City of Cypress
City of Dana Point
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Laguna Woods
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
City of Rancho Santa Margarita
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
City of Yorba Linda
County of Orange
Orange County Independent Special Districts/Water Agencies
Orange County Transportation Authority
Foothill / Eastern Transportation Corridor Agency
San Joaquin Hills Transportation Corridor Agency
County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,11,13,14
South Coast Air Quality Management District
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AGENDA REPORT
TO: Joe Tait, City Manager
FROM: Steven Apple, AICP Co munity Development Director
5/4/2010
SUBJECT: Consideration of Approval of Amended Orange County Council of
Governments (OCCOG) Joint Powers Agreement.
RECOMMENDATION:
By motion adopt the attached Resolution approving and executing an amended and
restated Orange County Council of Governments (OCCOG) Joint Powers Agreement
and authorize the Mayor to execute the amended and restated Joint Powers
Agreement.
SITUATION:
The Orange County Council of Governments (OCCOG) was established as a Joint
Powers Authority through an executed Joint Powers Agreement that was entered into
by thirty (30) founding Member Agencies between April 1996 and January 1998. The
OCCOG Board of Directors, at its meeting of June 25, 2009, reviewed, considered and
adopted a comprehensive technical and policy revision to its operating bylaws. The
revised OCCOG bylaws provide for a more defined discussion of OCCOG, describes its
purpose and responsibilities, outlines how its members are selected and elected, and
establishes procedures for the conduct of its operations. This action would approve a
resolution authorizing the Mayor to execute an amended and restated Joint Powers
Agreement incorporating the aforementioned changes. As of April 22, 2010 The City of
San Juan Capistrano is the only City that has not executed the amended and restated
Orange County Council of Governments (OCCOG) Joint Powers Agreement (see
attachment 2, Update on Member Agency Joint Powers Agreements and Financial
Report).
Background:
As a 40 -member joint powers authority, OCCOG serves as an official sub -region of the
Southern California Association of Governments (SCAG). OCCOG — through its Board
of Directors of elected Orange County representatives, its representatives on SCAG's
Governing Board and policy committees, and its Technical Advisory Committee —
provides a coordinated mechanism for Orange County technical and policy
recommendations to be issued on SCAG plans and programs and on behalf of its
member agencies. Key areas include:
Agenda Report • •
Page 2 May 4, 2010
• Protecting Orange County interests in SCAG's adoption of a Regional Housing
Needs Assessment (RHNA) allocation to local jurisdictions in the six -county
SCAG region;
• Protecting a local, bottoms -up development of the Orange County Projections,
which represents Orange County's official growth forecast for local, countywide
and regional planning;
• Adopting the Orange County official growth forecast, which is now required by
statute to be used for RHNA allocations and for regional transportation planning;
and,
• Providing input and recommendations on new requirements relating to SB 375 and
its Sustainable Communities Strategy, which seeks to reduce greenhouse gas
emissions by shifting future and higher -intensity growth near transit stations and
facilities.
Forty agencies are currently members of OCCOG. Member Agencies include all Orange
County cities, the County of Orange, Orange County Transportation Authority, the
Transportation Corridor Agencies, and Orange County special districts, including the
Orange County Sanitation District and the Independent Special Districts of Orange
County.
Membership into OCCOG effectively serves and protects the interests of the
communities of its member agencies. Already, a new cycle of RHNA, updated growth
forecasts, and a 2012 regional transportation plan are under technical development at
SCAG. Overlaid over these traditional requirements will be the new requirements
imposed by SB375, which mandate that land use, RHNA, and transportation planning
be integrated and accomplished within a framework of air quality and greenhouse gas
emissions reductions.
In 2009, the OCCOG Board of Directors completed an overdue and comprehensive
revision to the original 1996 OCCOG joint powers agreement provisions. The OCCOG
Board recognized the need to amend and restate the original joint powers agreement to:
update its references to OCCOG's administration and establish an OCCOG Executive
Director; streamline and make consistent provisions relating to the joint powers
agreement and OCCOG bylaws; and update the references to the member agencies
and their voting on the OCCOG board.
Key provisions of the amended and restated OCCOG joint powers agreement are
detailed in the attached Information Sheet (Supporting Document B). In particular, the
amended and restated OCCOG joint powers agreement provides the authority for
OCCOG to:
• Establish annual membership dues to assist in financing its operation — which
had been previously absorbed by certain volunteer cities — and which was a key
recommendation of the Orange County City Managers Association; and,
Agenda Report • •
Page 3 May 4, 2010
• Broadens the powers of OCCOG to be able to retain staff and consultants to
conduct its responsibilities as a SCAG sub -region to insure that the interests of
cities in Orange County are represented in the six County region.
The OCCOG Board of Directors, at its meeting of June 25, 2009, unanimously adopted
the amended and restated joint powers agreement, and requests that said agreement
be transmitted to each OCCOG member agency for review, approval and execution.
Further, a 2009 comprehensive amendment to the OCCOG bylaws was also adopted
by the OCCOG Board on June 25, 2009. The revised bylaws require that any elected
official that represents OCCOG — including any OCCOG Board Member and Alternate,
and any elected official serving as an OCCOG Sub regional Representative on SCAG's
policy committees — be from a dues -paying OCCOG Member Agency in good standing.
By executing the amended and restated joint powers agreement, the City will be able to
achieve economies of scale and cost effectiveness in monitoring and addressing these
state and regional issues and maintaining a coordinated Orange County voice through
OCCOG's representatives.
FINANCIAL CONSIDERATIONS:
Membership dues are calculated on a population -based formula. Based on the City of San
Juan Capistrano's population, the FY 2009-2010 annual dues are $ 3,237.92 (see
attachment 3, FY 09-10 OCCOG Membership Dues).
NOTIFICATION:
No notification is required for the aforementioned action.
RECOMMENDATION:
By motion adopt the attached Resolution approving and executing an amended and
restated Orange County Council of Governments (OCCOG) Joint Powers Agreement
and authorize the Mayor to execute the amended and restated Joint Powers
Agreement..
Resp y submi ed
Steven Apple, AIC;�;
Community Development Director
=r
Attachment:
1. Resolution of Approval
2. Update on Member Agency Joint Powers Agreements and Financial Report
3. FY 09-10 OCCOG Membership Dues
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RESOLUTION NO. 10 -05 -04 -XX
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA EXECUTING AN AMENDED AND
RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG)
JOINT POWERS AGREEMENT
WHEREAS, the Orange County Council of Governments (OCCOG) serves as a
Southern California Association of Governments (SCAG) sub -regional organization that
represents the interests of Orange County in the consideration of SCAG plans, programs,
policies and legislative platforms; and,
WHEREAS, the OCCOG was duly established by a joint powers agreement as a
separate legal entity by and between thirty (30) founding member agencies between April
1996 and January 1998, with said member agency representation currently comprised of
forty (40) public agencies; and with each member, by and through its legislative body,
independently determining that the public interest, convenience and necessity required
creation of a joint powers authority known as the OCCOG; and,
WHEREAS, the OCCOG Board of Directors recognized the need to amend and
restate the original OCCOG joint powers agreement to: streamline and make consistent
certain provisions relating to OCCOG between the provisions in the joint powers agreement
and the provisions of the OCCOG bylaws; address updated references to member
agencies and their voting on the OCCOG Board of Directors; add a provision to establish
membership dues for member agencies; clarify the powers and limitations of OCCOG; and
broaden the ability of OCCOG to retain staff and consultants; and,
WHEREAS, the OCCOG Board of Directors duly conducted a public meeting on the
amended and restated OCCOG joint powers agreement on June 25, 2009 and
unanimously adopted the amended and restated OCCOG joint powers agreement and
authorized the transmittal of said amended and restated joint powers agreement to the
OCCOG Member Agencies for execution by the legislative body of each Member Agency;
and,
WHEREAS, in the conduct of business, the OCCOG has further established bylaws
which govern the effective and efficient conduct of the OCCOG, with the founding OCCOG
bylaws adopted on May 17, 1997; and,
WHEREAS, the OCCOG has concurrently undertaken a comprehensive
assessment and revision to its adopted bylaws, in consultation with the OCCOG Board Ad
Hoc Bylaws Subcommittee and the Orange County City Managers Association OCCOG
Oversight Committee; and,
ATTACHMENT 1
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WHEREAS, the OCCOG Board of Directors, at its meeting of June 25, 2009,
reviewed, considered and adopted a comprehensive technical and policy revision to the
OCCOG bylaws to further define the operation of the OCCOG; and,
WHEREAS, the revised OCCOG bylaws effect such changes as refining OCCOG
board membership and voting provisions, authorizing membership dues; requiring that
OCCOG board members be from dues -paying member agencies in good standing; and
achieving a consistency between the provisions of the OCCOG joint powers authority
agreement and the OCCOG bylaws; and,
WHEREAS, the 2009 amendment to the OCCOG bylaws provides a comprehensive
technical and policy revision to the OCCOG bylaws, which are consistent with a 2009
amended and restated OCCOG joint powers agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approves the amended and restated OCCOG joint powers
agreement as adopted by the Orange County Council of Governments on June 25, 2009,
attached hereto as Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby authorizes the Mayor of the City of San Juan
Capistrano to execute the amended and restated OCCOG joint powers agreement and
transmit the signed OCCOG joint powers agreement to the OCCOG Interim Executive
Director.
PASSED, APPROVED, AND ADOPTED this 4`" day of May 2004.
DR. LONDRES USO, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
9 EXHIBIT " V 0
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Amended and Restated Agreement made
between the Member Agencies (listed in Exhibit 1) 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 the establishment of a council 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.
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F. Member Agencies believe that an Orange County Council of
Governments ("OCCOG'� is best suited to accomplish the preparation of
subregional plan components mandated by state and federal law to 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.
G. Between approximately April 1996 and January 1998, thirty (30)
Member Agencies adopted the original Joint Powers Agreement (`Original JPA") for
the OCCOG. Since that date, twelve (12) additional Orange County agencies have
signed the Original JPA to become Member Agencies.
H. The Member Agencies believe the OCCOG has been operating
effectively at accomplishing its purposes, as outlined in the Original JPA, and seeks
to have the Original JPA amended by this Amended and Restated JPA to better
comport with the present and anticipated future needs of the OCCOG.
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
This Agreement amends and supersedes the Original JPA in its entirety.
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 from 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.
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SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill
the purposes of this Agreement. The OCCOG 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;
C. Exercise jointly the common powers of its members to
manage and administer any implementation agreement or
program;
f Make and enter into contracts;
g. Contract for the services of engineers, attorneys, planners,
financial consultants and others and employ such other
persons, as it deems necessary:
h. Adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
i. Apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
j. Seek the adoption or defeat of any federal, state or local
legislation or regulation necessary or desirable to accomplish
the stated purposes and objectives of the OCCOG;
k. Incur debts, liabilities or obligations;
1. Acquire, hold or dispose of property;
M. Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
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n. To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member agencies to
achieve the OCCOG's objectives and such further powers
not specifically mentioned herein, but common to Member
Agencies, and authorized by California Government Code
Section 6505.
2.2 Limitation of Powers
The manner in which the OCCOG may exercise its powers shall be
subject to any statutory limitations applicable to the Orange County
Transportation Authority.
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, or 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 ("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 of the member parties at any time shall be shown on Exhibit
1, attached, as amended or supplemented from time to time.
3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG.
The withdrawal of a member agency shall become effective ninety (90) days after a
resolution adopted by its governing body which authorizes withdrawal is received by
the OCCOG.
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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. Recognizing
the provisions for formation in Section 9.1 of this agreement, the Board would be
composed of elected officials and ex -officio (non voting) representatives of the
following entities, as further provided in the OCCOG's Bylaws:
Entu No. of
Members Voting
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 1
Orange County Representative to SCAQMD
1
Orange County Delegates to SCAG
12
Orange County SCAG representative
1
At -large Orange County Cities Member
1
Total Members
20 voting
Additionally, there shall be one Orange County Division, League of
California Cities Representative (non-voting Ex -Officio), one Private Sector
Representative (non-voting Ex -Officio) and one University Representative (non-
voting Ex -Officio) on the OCCOG Board, but more may be established based on
needs and in accordance with the OCCOG's Bylaws.
5
4.2 Terms/Removal
Board members serve at the pleasure of the appointing entity and Board, as
further set forth in the OCCOG Bylaws.
4.3 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member
of the appointing entity or no longer qualifies 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.
Each Board member can designate one or two alternates, provided that said
alternates serve in 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 in the absence of the director for whom the alternate
director serves.
All provisions of law relating to conflicts of interest that apply to a Board
member shall apply to alternate board members.
4.4 Ex -Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions, and shall have the right to place matters on the
agenda, but shall not be counted towards a quorum of the Board and shall have no
vote.
4.5 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. Procedures
0 0
for filling open OCCOG member positions will follow those described in the
OCCOG's Bylaws.
4.6 Officers
Chair: The Chair of the Board shall be elected annually as further
provided in the OCCOG bylaws. Any Board member may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually, as further
provided in the OCCOG bylaws, and have all the powers to act in the place of the
Chair in the Chair's absence.
4.7 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.
4.8 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.
4.9 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG Board.
7
SECTION 5
STAFFING, FUNDING AND ADDITIONAL
RESPONSIBILITIES
5.1 Staffing, Consultants and Agents
The Board shall have the power to appoint, by employment or on a
contractual basis, and remove an administrative officer to serve as the Executive
Director of the Board. Such Executive Director shall have full authority and
responsibility to implement the purposes and objectives of the OCCOG, subject to
the general authority of the Board and specific definition of dudes, responsibilities
and compensation by contract or employment terms as approved by the Board and
as provided by the OCCOG Bylaws. The duties of the Executive Director may be
delegated by the Executive Director to subordinate employees or performed through
contractual services.
The Board may appoint any additional staff, consultants or agents, as deemed
necessary or desirable by approval of the Board. Such additional officers may be
officers or employees of a Member Agency or the Board may approve entering into a
contractual agreement for services for any function necessary for the Board to carry
out its purpose, which additional officers or employees shall not be deemed
employees of the OCCOG.
Additional support to OCCOG may be provided through committees, as
established in the Bylaws.
5.2 Funding
Dues: Each Member of the OCCOG shall pay annual membership dues to
recover costs for staffing, legal services, equipment, materials, contract services,
office space and other capital and operational costs as stipulated by OCCOG's
annual adopted budget, wh ch dues shall initially be set at the amount provided as
Exhibit "2" attached hereto and, thereafter, adjusted pursuant to OCCOG's annual
adopted budget. Said dues structure shall be established by resolution of the Board
and shall be updated annually.
8
0
Additional funding for the OCCOG's operation may be provided by monies
provided to Orange County from the Southern California Association of
Governments, member and/or non-member agency financial contributions, grants,
and other sources authorized and approved by the OCCOG Board.
5.3 Assignment of Additional Responsibilities
Additional responsibilities will be undertaken by OCCOG in accordance with
the following procedures.
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 Director or an OCCOG committee the task of examining staffing
needs and funding issues to undertake additional responsibilities, including the
need to establish a special assessment to fund any additional responsibility, 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 Executive Director or OCCOG committee will also base its
recommendations, and the OCCOG 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.
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 approval of its Board, with
concurrence of the affected agency(ies).
E
SECTION 6
FINANCES
6.1 Budget
Prior to July 1st of each fiscal year, the Board shall adopt a budget.
6.2 Designation of Treasurer and Auditor/Controller
The Board shall, in accordance with applicable law, designate a Treasurer and
Auditor/Controller 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 and 6505.5 of the Government
Code and such duties as may be required by the Board. The Auditor/Controller shall
maintain the financial records of the OCCOG, and 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
As authorized by California Government Code Section 6508.1, 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.
The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities and
obligations of the OCCOG alone, and not of the Members.
6.4 Control and Investment of OCCOG 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.
10
0
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and property 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.
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 member agencies at all reasonable times.
SECTION 7
INDEMNITY
Each parry 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.
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. 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.
11
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.
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.
12
9
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
evidenced by the signatures below.
MEMBER AGENCY
am
Date:
ATTEST:
By:
APPROVED AS TO FORM:
By:
Tide:
0
EXHIBIT 1
MEMBER AGENCIES LISTING
City of Aliso Viejo
City of Anaheim
City of Brea
City of Buena Park
City of Costa Mesa
City of Cypress
City of Dana Point
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Laguna Woods
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
City of Rancho Santa Margarita
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
City of Yorba Linda
County of Orange
Orange County Independent Special Districts/Water Agencies
Orange County Transportation Authority
Foothill / Eastern Transportation Corridor Agency
San Joaquin Hills Transportation Corridor Agency
County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,11,13,14
South Coast Air Quality Management District
0
ORANGE COUNTY
COUNCIL OF GOVERNMENTS
April 22, 2010
Subject: Update on Member Agency Joint Powers Agreements and Financial
Report
Summary: To date, thirty-eight of forty member agencies have approved their Joint
Powers Agreements with OCCOG. Staff continues to work to secure the
outstanding agreements and secure dues from member agencies.
OCCOG financial information is provided for board review. Going forward,
this information will be a part of all OCCOG Board agenda packets.
Recommendation: Receive and file as an information item.
Attachments:
A. OCCOG Joint Powers Agreement Approvals
B. OCCOG Cash Receipts and Cash Disbursements
C. OCCOG Treasurers Quarterly Report
Staff Contact: Dave Simpson
Deputy Executive Director
714/560-5570
Dsimoson(@octa.net
Update on Member Agency JPA's and Financial Report Page 1 of 1
ATTACHMENT
•
OCCOG JPA Approvals
2009
•
Orance County Council of Governments Joint Powers Agreement Approvals
Auenev
Approval
Date
Notes
Received JPA
Aliso Viejo
X
8/5/2009
Simpson presented, 5-0
X
Anaheim
X
8/25/2009
X
Brea
X
7/21/2009
X
Buena Park
X
8/11/2009
X
Costa Mesa
X
1/19/2010
5-0:
X
Cypress
X
8/10/2009
X
Dana Point
X
7/27/2009
5-0;
X
Fountain Valley
X
1 7/21/2009
Fullerton
X
8/4/2009
X
Garden Grove
X
8/25/2009
5-0;
X
Huntington Beach
X
7/20/2009
X
Irvine
X
7/28/2009
4-0; Christina Shea was absent
X
Laguna Beach
X
9/15/2009
5-0;
X
Laguna Hills
X
825/2009
5-0;
X
Laguna Niguel
X
2/2/2010
X
Laguna Woods
X
8/19/2009
5-0; Douq Rilev
X
La Habra
X
720/2009
X
Lake Forest
X
7/21/2009
X
La Palma
X
7/21/2009
4-1, Rodriguez objected
X
Los Alamitos
X
921/2009
X
Mission Viejo
X
7/20/2009
5-0;
X
Newport Beach
X
7/28/2009
7-0;
Orange
X
8/11/2009
Placentia
X
7/21/2009
X
Rancho Santa Margarita
X
7/22/2009
X
San Clemente
X
1/19/2010
5-0;
X
San Juan Capistrano
Santa Ana
X
2/16/2010
7-0;
Seal Beach
X
4/12/2010
36647.0
Stanton
X
7/14/2009
Tustin
X
1/19/2010
5-0;
X
Villa Park
X
8/25/2009
4-1;
X
Westminster
X
1/11/2010
5-0;
Yorba Linda
X
32/2010
5-0;
X
OCTA
X
7/26/2009
X
Coup
X
8/25/2009
X
SCAQMD
X
2/5/2010
OC Sectal DistrictslWater
10/29/2009
anitabon strict
X
92/2
X
Foothill/Eastern TCA
X
9/10/2009
X
San Joa - TCA
X
9/10/2009
X
TOTAL MEMBER APPROVALS 39 31
8
9
10
11
12
13
14
15
18
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
FY2009-10 OCCOG MEMBERSHIP DUES
Adopted be the OCCOG Board of Directors at its Regular Meeting of June 25, 2009
Member Aaency Name
2008 City
P
% Population
2008 DOF
Base (1/3) of
Initial Due
Weighted Dues
° of Total POD.
Population
Factor
Adopted
OCCOG Dues
ALISO VIEJO
45,249
1.45%
1,666.67
$ 1,932.94
$
3,599.61
$
3,599.61
ANAHEIM
346823
11.11%
1666.67
$ 14815.56
$
16,482.22
$
5,000.00
BREA
40,081
1.28%
S 1666.67
1712.18
3378.84
3,378.84
BUENA PARK
82 768
2.65%
1,666.67
$ 3 535.68
$
5,202.34
$
5,000.00
COSTA MESA
113 955
3.65%-S--
1 666.67
4 867.92
5
6.53 .59
5.000.00
CYPRESS
49,541
1.59%
$ 1,666.67
$ 2116.29
3,782.95
$
3,782.95
DANAPOINT
36,982
1.18%
1,666.67
1,579.79
$
3246.46
$
3,246.46
FOUNTAIN VALLEY
57,925
1.86%
1,666.67
S 2,474.44
$
4,141.10
$
4,141.10
FULLERTON
137.4371
4.40%
7 666.67
5 871.02
$
7,537.69
5 000.00
GARDEN GROVE
173.067[
5.54%
S 1,666.67
7,393.06
S
9,059.73
S
5.000.00
HUNTINGTON BEACH
201.1393
6.47%
1,666.67
$ 8,628.72
$
10,295.39
5,000.00
IRVINE
209 8061
6.72%
S 1.666.67
8 962.47
10 629.14
5 000.00
LA HABRA
62 635
2.01 %
1 666.67
$ 2 675.64
$
4_342.30_$
4,342.30
LA PALMA
16.17
0.52%
1 666.67
S 691.00
2,357.67
$
2,357.67
LAGUNA BEACH
25,131
0.81%
$ 1,666.67
1,073.54
S
2,740.21
$
2,740.21
LAGUNA HILLS
1.07%
S 1.666.67
$ 1,427.68
$
3,094.34
3,094.34
__33421
LAGUNA NIGUEL
66 877
2.14%
1 666.67
$ 2,856.85
S
4,523.51
S
4,523.51
LAGUNAWOODS
18,442
0.59%
$ 1,666.67
$ 787.80
$
2,454.47 1
$
2,454.47
LAKE FOREST
78 317
2.51%
$ 1,666.67
$ 3,345.54
5,012.21
$
5,000.00
LOS ALAMITOS
12,191
0.39%
$ 1666.67
$ 520.77
2187.44
2187.44
MISSION VIEJO
98 572
3.16%
1 666.67
4 210.79
S
5,877.46
5,000.00
NEWPORT BEACH
84.5541
2.71%
1666.67
3611.97
$
5278.64
S
5000.00
ORANGE
140.84
4.51%
$ 1 666.67
$ 6,01638
7,683.44
5,000.00
PLACENTIA
51 727
1.66%
1 6666.67
$ 2,209.67
3,876.34
S
3,876.34
RANCHO SANTA MARGARITA
49,764
1.59%
$ 1,666.67
$ 2,125.81
S
3,792.48
S
3,792A8
SAN CLEMENTE
67,89
2.18%
1 666.67
2,900.20
4,566.87
4,566.87
SAN JUAN CAPISTRANO
36 782
1.18%
1,666.67
$ 1,571.25
3,237.92
S
3,237.92
SANTAANA
353,18
11.32%
1,666.67
15 087.28
16 753.95
5,000.00
SEAL BEACH
25,98
0.83%
$ 1,666.67
$ 1,110.07
$
2,776.73
2,776.73
STANTON
39.27
1,666.67
1,677.79
3,344.46
3,344.46
TUSTIN
74,218
-1.26%
2.38%
1,666.67
3,170.44
S
4 837.10
S
4.837.10
VILLAPARK
6,259
0.20%
$ 1,666.67
$ 267.37
$
1,934.04
$
1,934.04
WESTMINSTER
93,027
2.98%
$ 1,666.67
$ 3,973.92
$
5,640.59
$
5,000.00
VORBALINDA
68,312
2.19%
1666.67
2918.15
4584.81
4584.81
COUNTY OF ORANGE
122,032
3.91%
$ 1,666.67
$ 5212.95
$
6,879.62
5,000.00
OCTA'
0
0.00
5,000.00
TCA'
0
0.00%-5---
$
5,000.00
OC Sanitation District'
0
0.00%
$
5,000.00
OC Special Districts ISDOC'
00.00%
5,000.00
South Coast AQMD
0
0.00%
5000.00
Total
3,121,251
100.00%1
$58,333.33
1
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
L]
FY2009-10 OCCOG MEMBERSHIP DUES
Adopted by the OCCOG Board of Directors at its Regular Meeting of June 25, 2009
ATTACHMENT
2000 CRY
., , .;
".
-, MPF
:eft
:: Dun
Population
Factor
Adopted
Duan
ALISO VIEJO
45,249
1.45%$
1,666.67
$
1,932.94
$
3,599.61
$
3,599.61
ANAHEIM
346,823
11.11%
$
1,666.67
$
14,815.56
$
16,482.22
$
5,000.00
BREA
40.081
1.28%
$
1,666.67
$
1,712.18
$
3,378.84
$
3,378.84
BUENA PARK
82,766
2.65%
$
1,666.67
$
3,535.68
$
5,202.34
$
5,000.00
COSTA MESA
113,955
3.65%
$
1,666.67
1 $
4,867.92
$
6,534.59
$
5,000.00
CYPRESS
49,541
1.590%
$
1,666.67
$
2,116.29
$
3,782.95
$
3,782.95
DAN -POINT
36,982
1.18%
$
1,666.67
$
1,579.79
$
3,246.46
$
3,246.46
FOUNTAIN VALLEY
57,925
1.86%
$
1,666.67
$
2,474.44
$
4,141.10
$
4,141.10
FULLERTON
137,437
4.40%
$
1,666.67
1 $
5,871.02
$
7,537.69
$
5,000.00
GARDEN GROVE
173,067
5.54%
$
1,666.67
$
7,393.06
$
9,059.73
$
5,000.00
HUNTINGTON BEACH
201,993
6.47%
$
1,666.67
$
8,628.72
$
10,295.39
$
5,000.00
IRVINE
209.806
6.72%
$
1,666.67
$
8,962.47
$
10,629.14
$
5,000.00
LAHABRA
62635
2.01%
$
1,666.67
$
2,675.64
$
4,342.30
$
4,342.30
LA PALMA
16,176
0.52%
$
1,666.67
$
691.00
$
2,357.67
$
2,357.67
LAGUNA BEACH
25,131
0.81%
$
1,666.67
$
1,073.54
$
2,740.21
$
2,740.21
LAGUNA HILLS
33,421
1.07%
$
1,666.67
$
1,427.68
$
3,094.34
$
3,094.34
LAGUNANIGUEL
66,877
2.14%
$
1,666.67
$
2,856.85
$
4,523.51
$
4,523.51
LAGUNA WOODS
18,4421
0.59%
$
1,666.67
$
787.80
$
2,454.47
$
2,454.47
LAKE FOREST
78,317
2.51%
$
1,666.67
$
3,345.54
$
5,012.21
$
5,000.00
LOSALAMITOS
12,191
0.39%
$
1,666.67
$
520.77
$
2,187.44
$
2,187.44
MISSION VIEJO
98,572
3.16%
$
1,666.67
$
4,210.79
$
5,877.46
$
5,000.00
NEWPORT BEACH
84,554
2.71%
$
1,666.67
$
3,611.97
$
5,278.64
$
5,000.00
ORANGE
140,849
4.51%
$
1,666.67
$
6,016.78
$
7,683.44
$
5.000.00
PLACENTIA
51,727
1.66%
$
1,666.67
$
2,209.67
$
3,876.34
$
3,876.34
RANCHO SANTA MARGARITA
49,764
1.590%
$
1,666.67
$
2,125.81
$
3,792.48
$
3,792.48
SAN CLEMENTE
67,892
2.18%
$
1,666.67
$
2,900.20
$
4,566.87
$
4,566.87
SAN JUAN CAPISTRANO
36,782
1.18%
$
1,666.67
$
1,571.25
$
3,237.92
$
3,237.92
SANTAANA
353,184
11.32%
$
1,666.67
$
15,087.28
$
16,753.95
$
5,000.00
SEALBEACH
25,986
0.83%
$
1,666.67
$
1,110.07
$
2,776.73
$
2,776.73
STANTON
39,276
1.26%
$
1,666.67
$
1,677.79
$
3,344.46
$
3.344.46
TUSTIN
74,218
2.38%
$
1,666.67
$
3,170.44
$
4,837.10
$
4,837.10
VILLAPARK
6,259
0.20%
$
1,666.67
$
267.37
$
1,934.04
$
1,934.04
WESTMINSTER
93,027
2.98%
$
1,666.67
$
3,973.92
$
5,640.59
$
5,000.00
YORBALINDA
68,312
2.19%
$
1,666.67
$
2,918.15
$
4,584.81
$
4,584.81
COUNTY OF ORANGE
122,032
3.91%
$
1,666.67
$
5,212.95
$
6,879.62
$
5,000.00
OCTA"
0;
0.00%
$
$
5.000.00
TCA`
0
0.00%
$
$
5,000.00
OC Sanitation District`
0
0.00%
$
$
5,000.00
OC Special Districts ISDOC `
0
0.00%
$
$
5,000.00
South CoastAQMD
0
0.00%
$
$
5,000.00
Total
3,121,251
100.00%
$58,333.33
$ 167,799.65
ATTACHMENT
E
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
www. sanjuancapsstrano. o'g
TRANSMITTAL
I IIs];
OCTA
Attn: Dave Simpson
Deputy Executive Director, OCCOG
550 South Main Street, 12th Floor
Orange, CA 92863
DATE: May 17, 2010
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Amended and Restated Joint Powers Agreement Establishing The Orange County
Council of Governments
Enclosed:
(1) Amended and Restated Joint Powers Agreement Establishing The Orange County
Council of Governments
If you have questions concerning the agreement, please contact Justin Kirk, Associate Planner
at (949) 443-6327.
Cc: Justin Kirk, Associate Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
164) Printed on 10% recycled paper
Today's Date:%7I 40
CIP No. (if any):
• Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
❑ City Clerk
CONTRACT TRANSMITTAL
Project Manager's Last Name: KiYy— Phone Extension: 4762
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
0 Mayor
❑ CRA Chair
❑ City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names Street I city I St I Zi
OTHER INSTRUCTIONS:
-PI as 2 giw 4k (9,7f h aoreein�s ( 2- co, W) a4-6waM{ AeVK -�ro
44 cio'z ctwwts o(tLe ,
Form Date: 01-2004 D-7
'f�IaMlt: I�u .