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Orange County Council of Governments - OCCOG - 2009-07-20
Council/Agency Meeting Held: z aZDO Deferred/Continued to: App ov d ❑ Conditionally Approved ❑ Denied City Jerk's ignatu W9 Council Meeting Date: 7/20/2009 Department 1D Number: AD 09-016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Coun 'I Members SUBMITTED BY: Fred A. Wilson, City Adminstr PREPARED BY: Patricia Dapkus, Administrative Analyst, Sr. J61& SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The Orange County Council of Governments (OCCOG) has undergone a change in its structure. Reflecting that change, member agencies are being asked to sign an amended and restated Joint Powers Agreement. Funding Source: Funds for annual dues of $5,000 have been budgeted in the City Administrator's Intergovernmental Relations Account 10030201.64485 Recommended Action: Motion to: 1. Adopt Resolution 2009-39 , a Resolution of the City Council of the City of Huntington, Approving the Execution off an Amended and Restated Orange County Council of Governments (OCCOG) Joint Powers Agreement. 2. Authorize the Mayor and City Clerk to Execute the Amended and Restated Joint Powers Agreement and Transmit the Signed OCCOG Joint Powers Agreement to the Interim Executive Director. Alternative Action(s): Do not approve the agreement nor authorize execution of the Joint Power Agreement and provide other direction to staff. l REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: AD 09-016 Analysis: Background: As a 40-memberjoint powers authority, OCCOG serves as an official subregion 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: • 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 legislation such as 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. An Information Sheet that summarizes background information on OCCOG is provided in Attachment 1. 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. Request: 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 Information Sheet: Attachment 1. In particular, the amended and restated OCCOG joint powers agreement provides the authority for OCCOG to: 1) 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, 2) Broadens the powers of OCCOG to be able to retain staff and consultants to conducts its responsibilities as a SCAG subregion. -2- 7/8/2009 10:10 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: AD 09-016 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 — include any OCCOG Board Member and Alternate, and any elected official serving as an OCCOG Subregional Representative on SCAG's policy committees — be from a dues-paying OCCOG Member Agency in good standing. Conclusion: Huntington Beach staff has reviewed the OCCOG documents, and recommends that the city continue to be a Member Agency of OCCOG and recommends that the City Council adopt the attached resolution to execute the amended and restated OCCOG joint powers agreement. Membership into OCCOG has been an effective tool for communicating with cities and other government agencies in the County. It has also served a means for collectively protecting the interests of the Orange County community. 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. 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. Strategic Plan Goal: Improve internal and external communication Environmental Status: Not applicable. Attachrnent(s): P,4go,Nu • r ® - • • 1. OCCOG Information Sheet 2. Resolution 2009-39 A resolution of the City Council of the City of Huntington Beach approving the execution of an amended and restated Orange County Council Of Governments (OCCOG) Joint Powers Agreement 3. The Amended and Restated Joint Powers Agreement Establishing the Orange County Council of Governments — Exhibit A to the Above Resolution. 4. Amended Bylaws of the Orange County Council of Government -3- 7/8/2009 5:55 PM OCCOG INFORMATION SHEET The 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. These member agencies recognized the public interest, convenience and necessity in creating a separate legal entity—known as the OCCOG—to establish a unified Orange County position in performing its charge as an official subregion of the Southern California Association of Governments (SCAG). As a joint powers authority, OCCOG serves to monitor, analyze and provides Orange County technical and policy recommendations on all SCAG plans and programs, on behalf of its current forty members. Members 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. Key OCCOG responsibilities include: • protecting Orange County interests in SCAG's development of the Regional Housing Needs Assessment(RHNA) allocation to local jurisdictions in the six-county SCAG region; • protecting the local, bottoms-up development of the Orange County Projections, which represents Orange County's official growth forecast for local, countywide and regional planning; • adopting said 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 that seeks to reduce greenhouse gas emissions by shifting future and higher-intensity growth near transit stations and facilities. This is conducted through OCCOG's staff-level Technical Advisory Committee, its Board of Directors of elected Orange County representatives, and its representation of OCCOG Board of Directors on SCAG's Governing Board and policy level committees. OCCOG Amended and Restated Joint Powers Agreement: As the OCCOG undertook technical and policy revisions to its bylaws in 2009, OCCOG recognized that certain proposed bylaws revisions would concurrently require amendment to the original joint powers agreement. In turn, additional revisions were in order, to update outdated provisions in the agreement and to further authorize certain new provisions, such as establishing the authority for Member Agency dues. On June 25, 2009, the OCCOG Board of Directors adopted an amended and restated OCCOG joint powers agreement, and authorized the amended joint powers agreement to be transmitted to OCCOG Member Agencies for their individual execution. Key changes that were made to the OCCOG joint powers agreement are as follows: • updates the list of OCCOG member agencies; • updates the OCCOG voting member list of member agencies; • adds the provision for the establishment and member agency payment of dues; • streamlines the agreement's provisions so that specific terms governing how each voting member is comprised, is established pursuant to the OCCOG bylaws, therefore eliminating the requirement that the JPA be amended by each Member Agency for any subsequent clarifications; • clarifies the powers and limitations of the OCCOG; • replaces the designation of the City of Lake Forest with the Orange County Transportation Authority as the entity required to be designated in the agreement, pursuant to Government Code 6509, which requires the specific identification of a member agency whose powers are reflective of the limitations of the OCCOG as a whole; • broadens the powers of the OCCOG to retain staff and consultants; and, • eliminates the specific designation of OCCOG committees, and instead, provides for the OCCOG bylaws to specify any committee created by the OCCOG Board to assist in executing OCCOG functions. The amended and restated OCCOG joint powers agreement is included as Exhibit A to the attached resolution of action. The OCCOG Board of Directors concurrently conducted a comprehensive assessment and revision to its adopted bylaws, in consultation with the OCCOG Board Ad Hoc Bylaws Subcommittee and with input from the Orange County City Managers Association OCCOG Oversight Committee. The revised OCCOG bylaws provide for a more defined discussion of OCCOG, describes its purpose and responsibilities, outlines how its members are elected and selected, and establishes procedures for the conduct of its operations. 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 2009 amendment to the OCCOG bylaws are consistent with the 2009 amended and restated OCCOG joint powers agreement. The OCCOG bylaws are presented for your information and reference in Attachment 2. The OCCOG Board of Directors requests that each OCCOG Member Agency approve and execute the amended and restated OCCOG Joint Powers Agreement, and transmit the signed agreement to the OCCOG Interim Executive Director effective FY 2009-10. ���\ �\����)��� ���9 � / �>>�� . . . �. . § 6� » § � �� © ) \� \\ � . �/�� . ® \ 1 � y � « �/ . . �� % ^ ; � \ « ��/ < � ƒ � �\x �\»._ . a ,' � ; i � ��"����� \2���»��/������ ��������\�\�\.���������} RESOLUTION NO. 2009-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXECUTION OF 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) subregional organization that represents the interests of Orange County in the consideration of SCAG plans, programs, policies and legislative platforms; and, 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, 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, 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. In the conduct of its 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 171, 1997; and, 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, Zn I t� 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. 09-2 15 1/35950 1 Resolution No. 2009-39 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 agreement and the OCCOG bylaws; and, 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,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council of the City of Huntington Beach 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 by this reference. SECTION 2. Authorizes the mayor of the City of Huntington Beach to execute the Amended and Restated OCCOG Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director, SECTION 3. The City Clerk shall certify the addition of the Resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of I 2009. Mayor REVIEW APPROVED: APPROVED AS TO FORM, or City Ad i REVIEW APPROVED: C ty Attorney INITIATf PjtAN APPROVED:A Dicp'uty City , ministrator Exhibit A: Amended and Restated Joint Powers Agreement Establishing the Orange County Council ot'Governments 09-2151/35950 Exhibit-A". Resolution No. 2009-39 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.) herein-after collectivei-v or I individually referred to'I as "Member Agencies." RECITALS A, Chapter 5 of EhOsion 7 of Title 1 (commencing with Sccmon 6300),. Of the California GoNTerninent Code authorizes two (2) or more public a,,,Crwics to ;,ointl�-exercise any power col-1-1111on to ttlen: EY Bach hAernhcr Age--ncy and party w this Agmemem is a gnwrmnww� established by law ,vith full p;:jwers of government in e, admirustrative, Ifimancial and other related fields. Q Member Agencies realize the urgent need for areawide planOng and coordination in order to provide advice to public entities on a range o!: iss!.ws that affect multiple interests. F). Idember Agencies believe, that the Joint exercise of thcir ,vill an r-,i!-,V1dc- :n! organiz ,ation cdia of turducting stu dws d prown dnuyal ur,) llrn OVC elnd coorclinate c,,-nnnion goven-nnontal responsibihuc:� :-ifiLl cin an awawdu and regional Basis thrcrilgh aw estaissonct" of a wwwo ApnT"anow" to crcate a u'lificd 4kffl inlprovc 01:an�c ahi lik ties to lic- reprcsew-t'd in --,Ji-, 0h,nua Am the Swc of (sliki-nia and the 1131jon Am issuc,; ti!d ti-I d111t A% wdlective Orange (Annoy inwrars. Exhibit"A", Resolution No. 2009-39 F- ikfernbcr Agencies believe that an Orange County Council of Governments ("OCCOG"' is best suited to accomplish the preparation ()17 sti.bregional plan components mandated by state and federal law to conduct studies and projects designed to improve and coordinate the common govern rnental 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 SOIL16011S to problems of common and general concem- G, Bemveen approximately April 1996 and january 1998, thirty (30) Member Agencies adopted the original,Joint Powers Agreement ("Original JPA") for the OCCOG. Sit-ice that date, twelve (12) -additional Orange County agencies have signed the Original TA to become Member Agencies. OCCOCT'kgeiicies b e2ee the has been i-i the Original JPA, anti sc.ck�,, t c.n, o'Accmp- st)-in it r g s pi pnst'sl as oud ined t A , to havc !,-,2 Original JPA amended by this A I rnended and Restat jPed 1% tt comport with�i the present and anticipated future needs oi-the OCCOG NOW, in considcration of tl-ie recitals and the mutual o'bligationstit thc parties as herein expressed, iMernber Agencies agree as follow s- SECT10JIN I ESTABLISHMENT Al Irt',Ialcnf, and W,\ In its [,,'ICVVe "-I:tAted t kni wt AI'd Clenlon", 'I, te l 'Is, I!— i 4�111, 10lic!" �I-Al hC a public ent fv of (iovCt-m-nents AW, 111clithcr CM- or cloin""'. i'h,- )rlimfc, Count- G;u1-1'-,- 1 1-, lit' 10VCTTI�:d h�,, 0i t"01S J,,1Jflf Po\vcf,� 1....10,... 1i_— A;11- thlL R;Ok--, Jul,, aznd ��idoptcd b%> H-1c B1,;A'd, Exhibit"A", Resolution No.2009-39 SlICTIOPq 2 1) U P;P 0_4 -A 04 11 F U 3A C T 1 0 PN S 11 Functions (.)CCOG established hereunder shall perform all necessary Anw0un to Rill the purposes of this Agreernent. 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 of W-,,vt_:nlrnc,.nta1 services; Kerns,: powco of ks mein_se rs to manage anxi admini-ster any rwiple'n-ler"Vation agreernent or prognirr; Makte and water into cont-acts; 9. Untract, the services of engineers, attorncys, planners, 001-ISLAtants and others and etriploy sucl-, other persons, as it ckevris uccessary: 'Adt)"-'t itir5, reg.rilations, policies, bylaws and procedures govcnnng rhE' i'per.-Ition of OCCOG; AppW in jymy undca any federal, state., regirtial (,.r 1,)c'a1 prqy�U in J� MAU! 0, addeve munlar Anamn, flv ;;ihqAhyl i" dchrat of any tuderaL WQ or AM i',ec:.ssaty or desirrabW 0) accionpikh the mucd on rp wes and objetiWes 4 the 00 X Incur Wy, la Wks ur nblwwwns; h Mi w di,vc 4 prnpenv� c"'nwhulms my! cknalv"" of pnjwny, thruis, J& Won Wms 4 Bauchi aswancu fnwn ywt,A", and any g(wermnenw! enim Exhibit"A", Resolution No.2009-39 ri. 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 Govert ii-nent Code - Seck)n 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 J'.-'a[1'.jp0rtaq, on Authority. SECTION 3 ORGANIZATION Ile parties to OCCOWShaH in cacti cntit' which ha.-, cxecuted ol cxectates this agreement, or an; whiendot, or supplement themtq and which has not, pursuant to prommms hereof, withdrawn Iron: We (MMG. Odh°r 4Iiuncs within Orange Coual:y rnay petition to become -a member of the (OC( OG by subnALung u) the BnArd of 11mecturs " Board") a resolution adopted K its governinly hncM The Board shall review the petition and WH :(qv in, appvwy (or dKITUnn the p6don. If "t; PCO&I ADPi'(Y—�J D'V �7 ilic thmW 0. pedmung unni, ImH inamm A Thu ninwn if rV mcmhoF pan" at am, tim:, shall !A),-- sdl()wn i"T) Vd',il)a 3.2 Withdrawal fro in Meml)urshtp \n' NWiiih 1 it (MU)"; pro, At Am tulle, Avithdr.liyv froryl th;' j t by as q mmq KmAh why:�-, is icccxcd b% Exhibit"A", Resolution No.2009-39 3.3 Successor Agency The Grange County Council of Governments is hereby designated the successor in interest to the Orange C:ountt Regional Advisory- and Planning Council JAPQ S E: C3` [ Dof 4 BOARD Dl~ 1) 1REC; I C) R 4.1 Board of Directors and Voting AR functions of the OCCOG small be exercised by the Board. Recognizing the provisions for fortnation in Section 9.1 of this agreement, the Beard would be composed of elected officiats .end ex-offtcio anon voting` representatives of the following entities, as further provided in the OCCOG's Bvi<iss: Ifenibets of Orange Authority 1. Orange WunL !ranspmatioli Corrifor Agencies I Orange C:ourity Sanitation Districts 1 Orange Coucaty ISIMC ?Mm Agatmies Repren as vc, 1 Orange Crain'Crainry Delegates to S{_:AG 12 C3- II '1'W al iivteaaaber.s 0 voting lddif;!onall tlz.'r. hi 31-1 � c o!w Mann � 1 r-ag:re c x1twna. owl s=(WA l;A )_liC-0 .lint 'nW L i}3v_-`:zw Apr'seruatvc lawn, W iliaq 1'ti-l_Ii cyn (m the t X,tX XI Mt L hut ..om— 'am, be t'mbhAwd h. nd wi „OM An! its ICCOWMWX Wph &W ( K"CA KA 1>=!:. ,_ Exhibit"A", Resolution No.2009-39 4.2 Terms/Rernoval Board tnernbers serve at the pleasure of the appointing entity and Board, as further set forth it) the OCCOG Bylaws. 43 Vacancies/Alternates If a person who has bccn appointed as a director ceases to serve as a rntrnber 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. F,ach Board member can designate one or two alternates, provided that said alternates ser,,c- in a su-nilar capacity in the entity as the Board rnernber (i,e., elected winds Am voi, nwadm& Anunivic duemrs shall receive At rneeting notices and vnyetl naatt"riai t�� dir,-onys and WH 'have the rigi,t to participate andVote- -�t die director f6i %%rlaom the, alternate "tt i"W'<'Uiu�s of the Board V M abstnce strVC5. _Nij Provisions ',)C la-"v rJadn, to conflicLs of interest that apin - to 21 Boar-d rvcmher shall apph LO Atermuc Miami rnernbers, 4,4 Ex-Officio Representatives Such ruprc scrip,aw" 224 nT�Wc aH nwedn', noti"s, MaH hnv thr J, to Asyrold, Wo Oak P,. in: nwowd >nvirds a voruni 0 the Wd and 401 have no 1; !s waywrov! 0, nalul -Wins Wen %alhn A�'_c!)C!C"" hV wriviv t)n vArpm 1-mak onnuutuns, ctc. In ipstancc wheru Ocunt (Ificials rcju[,syro iruw than wo (414 A ; !mirikr 4Wncn Ow nAhni "S chmou 4mic i w0w ;, S, M wp;vnuqiAwn A in AqLnq, To WIM NOW SUP YnPWVCW[ 00 o"acy '01 it ()(:(I)(; I"'M PVVKAWUrcs Exhibit"A", Resolution No.2009-39 for filling; open C)CCC)G member positions will follow those described in the C)CC;(:)G's Bylaws. 4.6 Officers Chair: 'flie Chair of [lie Board shall be elected annually as furi:her providers in the (:)C(:OG bylaws. Any Hoard member may be authorized to represent thc. Board upon approval by the Chairman. Vice Chair.The Vice Chair of the Board shalt be elected annually, as further provided in the C)CCO(3 bylaws, and havc all the powers to act: in the place of the Clair iri rise. Chairs absence. 4.7 QuOMM i.f i. ,l ppt7i SiEed to7 _. -1 ors si di .�,€.[ture a klFirr om Sm ;:cring Y:� . '�i:..: t:t3f.of Km Bo r& If nuch number ; _ lit nni members is an s°i%cil _. ftb _ w m_jo_ay slit€tl_ be on-" Ii1Orc- 'h n, hail thC> luimhe'! of 1ppoinfC-? clir�:c—'Ors r� U, the r>€r:=rd. Regular Ntcau s: Regular m sing, of the Board shall be lhcLl 't ery lnt�iith scanding to a scllacdulc approved by Me Board at is Ctrs, mecring -ich calctldar t i o.,tl niciit}iL Bri:Jwii `'icr: € it nwcangs And! in calla) And _U{1t.li1md in ifcowdmicc ,.fh f.h: kjh .NL 14)wn !`3m, IQ Kl<t.ct i ,`!3'W, 1or„viC.iing aL1Cti€![.itl.ai Wt f , Iwa i ntY[i:;3 o) dic Cl':Iduc,t Exhibit"A", Resolution No. 2009-39 SECT1004 5 U N D I N G A N D AP DI T TONAt- py s pvi vily i iBi i i.,ar i iF-v sS- 5A 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 F.xccutive Director shall 1-la\�c full alltlii'.,,rity and responsibility to implement the purposes and objectives of the OCCOG, subject to the general authority of the Board and specific definition duties, responsibilities b, -)r employment terms as approved by the Board and and compensation y contract ( as provided by tht! ByLvkrs. Tht duties of tht f--,Lccunvc Director may be delegated by the Executive Director to subordinate c mplo-v-ees or per6ornied through colutactual servkcs' Thc B oat:,--i f 2< qppoini anvaddimmal start consWinnin or awnts, as c1cen-lY necessary or desirable :a pr jrr' Fir'A of t1w P"o'-trd. offictrs mna', b,' otticerso, cmpioyces ofa Nfienn)cr or Board! nnay Tprovc entenng inu) a cofuracmal agwrnent Wr services for an-, function neccssai-V Wr the Board a) carr"', out its purpose, \vhich additional officcrs or c:rliphywes shail nor be deernoi employees of the Ad&dowl SUNX)rl L,) KING may ln'-- "J'hf"ough, cocnn-uintcs' -as thc 1�0wk'. 12 Funong Ducs: Qch Man1wr w the 'Kilh! Ann rm, UmnS locnbefoup cows r' rccovor mst4 tin stAWn, 100 "w"i"v 1*00100 ra"n"" moor"" 0" "M SOOT MR! whwy qApind Ila! 'JumbinAt '"Z' A� quPOW on 00TW', Annow Kytud W41K 00101 Wq Mau KAMHO iN amoun; pmvalwd A-- WMA 'I- aam%cd Amu; aW rhcruahnq Wswd puKwHu P, C KXXXiV anwwi nml W. i � & J !, n AA!nn of du P' 0 alki ShA in 1"WO2tA an"UM Exhibit"N , Resolution No.2009-39 Additional funding for the OCCOG's operation may bc provided by mot-ties provided to Orange County, from the Southern California Association of Giovernments, triernber -,in(l/',-)r non-merriber agency financial contributions, grants, and gather ier sources aut h9rized and approved by the Board, 53 Assigninetit of Additional Responsibilities Additional rtsponsibiliiws will, bk.: aridertaken by OCCOG in accordance with the following procedures. Requests to Fxarninc Issues and Provide Input/Recommendations: Requests from nor -mernber and niemE,tr agencies rnay be made to OC(,,(,)G to examine actuvities and provide recommendations, The OCCOG shall assign the F,'.xecutive Director or an committee the task of examining staffing nec& vA fQn&ng imucs "4 NrAmyAw AdMonal responsdikw , apt cludin; 14- Reed P) usmiduh a specui assessmiam Yo find anv addkond reTonsibl, and prw,idi-ng rccoti-mmMmus a) ( H YJ W an hcr,,, amid, wlrict' -r It rnighr, choose to pu"ue the reaucsr in Admon to conwriering potenual stafhnR/hindinj constraints, the Execuum Sr unr or ()(J]O(G committce evil also base its recon-imcnidation, and be OCC OG -- , shall consider, on whether thc, request: `issue has ain'm OCCOG melnt-wr3 an-d ,can ',educe. or efirmnate d'uptic,afio"), irnprove emmmies iml Mcrwise ackove cuummQu comen"s and )C; ob,cium. imbbr nownwndwr tsnw� W mmic W ihs ()(XXX; k) a"umr rammuddav WC 'Ickcry of servl Wmpunif. A jvwns, t,)I:,-3g,','.Ins I: a,U-Oilal C-Llvitjc� 61�� ()(A]()(; would assume SAW rVAINnimbihms UP= almInIVII 'd in; Marc[ widl Exhibit"A" Resolution No.2009-39 SECTION 6 FITYA POCAMA, 6.1 Budget Prior to fu(y 1st of each fiscal year, the Mmord shall adopt a IvAget, 6.2 Designation of Tvmsomr and Auditor/Controller The Board shall, in accordance with applicable lave, 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 shalt perform such other duties as may be imposed by provisions of -applicable law, including those CILILies described in Sectum 6505 amd 650-55.5 of the Government Code and atch cludes as may be recimed by the 19mrd. The Auditor/CorutolIer ~hail, "f (11 C( W, OR! shy! Inro"m gach func"'as as nmv he recRACH 1 w pnnsions of :"Q, ow 04 . Tis IgrComm and an! C ir VOC,' bylaw and the dirCCLP'-,[I OCOC,t�, -,B;jard, 63 Obligations of the OCCOG is authorized 6v Q%Grha &Aeawwnt We Sccticm 65,0;�,I, the habilit-tes oind obligations of the WAY W skk be the debt, habilitics- nr obEgawns of dhe (:)(-,CO(,,; alonc� No rncrnber of the still be resp(misille, direchy or indirectly, for any obligAtion, NO ov WbUy of ilik- llo Cif nt hAmhucs andobliyawas wrK (AAARIT41 W Mu dchw, hanim, alld 14)IQMW A IN OCU Q 01W, W 104 W AU NWIMM. 64 Untrol and IIIVCSLrIACM' I)f()(-A-,()G UUnds W lWal Shoji adw a W&V Cy- on CwUnd mul 6"Inunvat "W KIM and simil t":(Juirk, �Irlct C(Hodianc,' AH vwh ;nwc%. Ain W& MAH imqui, m W ponSumn AWd Exhibit"A", Resolution No.2009-39 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 invcst OCCOG, funds in accordance with the general law. All interest collected on OCCOG funds sl-tJl be accounted for Viand 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 necessaty to account for and report on Lhe A-arious sources of funds, expenditures, grants, programs and projects and, as t-n,,,v be required lb good accounting practice, the State Controller or the United States Government- The C)oks and records tat the OC-OG shall be open t :11 tat-, dhe tnctnbcl-agcncie,; a" a rcAsoaablle Unit�,, S E C T 10 N -7 I N D E M TN I T Y Each pam hereto agrees to indemnify and hold the other parties rarvntess from all liability for damage, actual or alleged, to persons or propefty iirisinf 0 L,t or resulting from rie-glignit acts or omissions o' (1)': ijldkkiy-,nlhoac-� t,),arov c-d will tlot be iiaht'l-, 'C") t fir Of AnVOTI(� vvko in.-C', c]aiil;', ViIth OCU) (I FOr au^." Acts Or C',M i OCCOG I, )C( and its mcnibers will Inck,inn.tv and hot,l th" hannic , cl,wns, !udvm, 2W i'OIIIIC(ICkl i%-Ifh wC pry,,\'I(led to Exhibit"A", Resolution No.2009-39 SECTION 8 TERMINATION AND ) Q SSOLUTION 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 112i%!c rmauallp rescinded this AgrectricuL providing, howcvcr, that the OCCOG and this agreeirient 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 W-COG.Termination shall he accomplished by a majority action of the l3clir& 8.2 Distribution of Property and Funds hl 111k" eVCLIt C11 tl-iC U 1111211ai-iwi of 1his ariv pro-inert-v- -tg he dischargc n 17 all olf_)lig<non shali n ,V.�'h Governnnlent Code Section 6512. SECT ION 9 I S C E L L A N E 0 TJ S, 9,1 Effective Date s -al f4tcw;e aad ikc-. Orarigc CounU� mc L,, il i3t t,1)V(7-rmtC-itS Shall At 0H, Exhibit"A", Resolution No.2009-39 IN W'I'Nl.,.SS WI IERE'OF,the parties hereto have CXeCUted this Agreement as evidenced I)\,- the -.AgnAlUress below. ,,\,I Flf-VIB ER AGFNCY Ci ty of Huntington Beach By: Keith Bohr Tirle: a or Date: ATFF�'SY BY: Jo lynn, Cit an Y APPR(A'FID FORM: Exhibit"A", Resolution No.2009-39 E X H, I B I T 1 AMTEAM4 BBI i JR!YAQG5 fE;TN!Q1 F,:-!S&L,IS TY 11 NNWC City of Aliso vvjo C Jvy of Anahcarn Ciq of Brea City of Buena Park City of Costa -ivfcsa City of Cypress City of Dana Point City of Fountain Valley City of Fullerton City of Garden Grove City of Huntington Beach Ory of 1whe City of La Habra LAty of I" Palma (At, of Laguna Beach CA Q, of laguna Wis City of Laguna Nigucl City of l,"agulla Woois City of Take Forest City of Lo5 Alamitos City of Mission viep (A iy of Nc%vport 11�eaclh City cat Orange of of Wra Margama WIV or San (jumenw GI V of San )UJU (Apiarmp-) Cov 'm Ontl Am wkn! MACK (IV of lhwill (10% of \Idly I'M "�Tv al TV V��Mimsn:! Exhibit-A", Resolution No. 2009-39 Cite ity of Y o r b a Linda County of Grange ()range County Independent Special Districts/Water Agencies Orange County Transportation ALIthority Foothitl F.astem 'Fransportation Corridor Agency San joayAn Ms Transportation Corridor Agency County Sanitation Districts of ()range County, -,N(-js. 1 2,,3,5,6,7,,11 ,13,14 South Coast Air Quality Nfanngcmetit District Exhibit"A", Resolution No.2009-39 EXHIBIT 2 FY2009-10 OCCOG MEMBERSHIP DUES Adopted by the OCCOG Board cat Directors at its Regular I'vIceting of jutle'15,2009 20-08-C- yIt", '11111,1111,11h, A "ddP0d 0 -�,�"OW6rt 14 , em I ALISO VIEJO 45,249 1-45%! $ 1,666-67 1 $ 1,932.94 $ 3,599,61 $ 3,599.61 7 i $ 14,815.56 $ 16,482,22 $ 5,000,00 1 i,1T6A �1666--§,2 40-0-81 286 6.3 1, $ 1,66 67 1,712-18 $ 3,378�84 $ 3,378.84 4 BUENAPAR 82,768i: 2165% $ 1,666.67 $ 3,535.68 $ 5,202.34 $ 5,000.00 5 COSTA MESA 113,9551 3,65 la $ 1,666.67 $ 4,867,92 $ 6,534.59 $ 5,000.00 6 -CYPRESS-- 49,541 1.59% $ 1,666.67 2,116.29 3,782,95 $ 3,782.95 --7 -b-A:- 1A8%, $ 1,666.67 $ 1,579.79 $ 3,246.46 $ 3,246.46 �INVA 57,9251 1,666,67 2,474.44 $ 4,141.10 $ 4,14-1,10 9 FULLERTON 137,4371 4AQ-/ $ 1 666.67 i $ 5,871.02 $ 7,537.69 $ 5,000.00 10 GARDEN GROVE 173,0671 5.54%i $ 1,666.67 - $ 7,393�06 $ 9,059.73 $ 5,00000 - - -- 11 HdNfTIN-G-T6I`4-RtA-(fH 201,-99 1 1--,-6-6-667 -t a M29573-9 V 1123----LIRVINE 2019261,-,8106651! --6Z0-.7-2-%-: 1--,666.- i7--- -1 62.47 $ 10,629.14 $ 5,,00d.-- 14 LA PALMA 663 O1% 1,666,67 2,675.64 $ 4,342.30 $ 4342.30 52%T$ 667 -- 1 691.00 $ 2,357.67 $ 2,357.67 15 LAGUNA BEACH $ 1,666,67 J $ 1,073-54 $ 2,740.21 $ 2,740,21 ---33,4-21 T- f�-0-S-%-7f -1 A-2-7�-68 ---3-,0-94-.3 4-- -3,0 9--4-.3--- 1,666.67 4 17 LAGUNA NIGUEL 66,877! 166667 2356 85 4,523.51 $ 4,523 51 18 LAGUNA WO-ODS 18,4421F 1,666,67 787.80 2,454.47 $ 2,45,447_1 78,- 1,666,67 S 3,345�54 $ 5,012,21 $ 5,00t100 .51 $191 LAKE FOREST 2 201 LOSALAMITOS 12,19 0 3 9 1,66667 520,77 1 2,187.44 44 98,57-2 316% $ 1,666.67 4,21 O 79 5.877 4-6 5,000 00 71�2 2 N if'v P q R�t dffk(-:5Hf 845�EW 1,666 3,611,97 4• $ 5 278,64 $ 5,000 00 23( ORANGE '401849� 4.51% $ 1,666.67 $ 6,616 r8 $ 7 683 44 i 5 04C),00 241P-L-ACENTIA- - - -51727 1,660* 1-,-6-6--6-.67 22 3,876,.34 $ 387&.34 - A - - 2 2, 00�20 $ 4,56687 4562A825 RANCHO SNTAMARGARfTA 43,764 1,59 1,666.67 2,125-81 37928 74 6 SAN CLEMENTE 67,892 2,1800 1,666,67 687 27 SAN J6 1 , 6Oij 6f7 57125 8. $ 3,237,92 $ 3,237.92 28 SANTAANA 353,184 11.32% $ 1,666.67 15,08728 16,75195 5,000.06j -25,-9-8-6 0-83%� $ 1,666,67 $29 1,110.07 $ 2,776 73 $ 2,776.73 30 39,276 126% $ 1,666.67 1,677.79 $ 3,344.46 $ 3,34446 1 311 TUSTIN 74,218 2,3iiaj. 1,666.67 3,170.44 4,837.10 $ 4,837.10 321 'viLakkk -6,25-6- -0.-20%--,- $ 1,666, 7 -67-37 11934.04 $ 1,934A4 33jyVEqTM!NqTER 93,027 298%. $ 1,666.67 $ 3,97192 $ 5,640,59 5000.00 '�ORBA LINIJA- 2 1,666.67 $ 2,918.15 $ 41584�81 4,584.81 341 ------- -E 122,032, 191%� $ 1,666,67 1 $ 5,212 95 $ 6,879.62 5,000.00 351 COUNTY OF ORAN� A a00% $ 5,000.00 361 0CTA* 37j TCA* 0 0.00%, $ $ 5,000,00 1 W QC Sanitation Distr ct* 0 0.00% $ 5,000,00 391-- -dc-sp-e--da-f Districts(ISDOC)' 0.00% $ f $ 5,000-00 __j 5,0t00 0 1 $ 167,799.65 Res. No. 2009-39 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 20, 2009 by the following vote.- AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None P C49 Clerk and ex-offici&"61erk of the City Council of the City of Huntington Beach, California y �� _ r �, � �� ... � t �. . y: 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. 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. 2 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; e. 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; 3 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 (`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. 4 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 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 6 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 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. 8 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). 9 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 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. 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 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as evidenced by the signatures below. MEMBER AGENCY City of Huntington Beach By: Keith Bohr Date: `�/a a/©g Title: Mayor ATTEST: B Jo Flynn, City C1 k APPR D AS TO FORM: 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 EXHIBIT 2 FY2009-10 OCCOG MEMBERSHIP DUES Adopted by the OCCOG Board of Directors at its Regular Meeting of June 25,2009 ON 2 -2 Rum 1 a ALISO VIEJO 45,249 1.45% $ 1,666.67 $ 1,932.94 $ 3,599.61 $ 3,599.61 2 ANAHEIM 346,823 11.11% $ 1,666.67 $ 14,815.56 $ 16,482.22 $ 5,000.00 3 BREA 40,081 1.28% $ 1,666.67 $ 1,712.18 $ 3,378.84 $ 3,378,84 4 BUENAPARK 82,768 2.65% $ 1,666.67 $ 3,535.68 $ 5,202.34 $ 5,000-00 5 COSTA MESA 113,955 3.65% $ 1,666.67 $ 4,867.92 $ 6,534.59 $ 5,000.00 6 CYPRESS 49,541 1.59% $ 1,666.67 $ 2,116.29 $ 3,782.95 $ 3,782.95 7 DANA POINT 36,982 1.18% $ 1,666.67 $ 1,579.79 $ 3,246.46 $ 3,246.46 8 FOUNTAIN VALLEY 57,925 1.86% $ 1,666.67 $ 2,474.44 $ 4,141.10 $ 4,147.10 9 FULLERTON 137,437 4.40% $ 1,666.67 $ 5,871.02 $ 7,537.69 $ 5,000.00 10 GARDEN GROVE 173,067 5.54%1 1,666.67 $ 7,393.06 $ 9,059.73 $ 5,000.00 11 HUNTINGTON BEACH 2O1,993 6.47% $ 1,666.67 $ 8,628.72 $ 10,295.39 $ 5,000.00 12 IRVINE 209,806 6.72% $ 1,666.67 $ 8,962.47 $ 10,629.14 $ 5,000.00 13 LAHABRA 62,635 2.01% $ 1,666.67 $ 2,675.64 $ 4,342.30 $ 4,342.30 14 LAPALMA 16,176 0.52% $ 1,666.67 $ 691.00 $ 2,357.67 $ 2,357.67 15 LAGUNA BEACH 25,131 0.81% $ 1,666.67 $ 1,073.54 $ 2,740.21 $ 2,740.21 16 LAGUNA HILLS 33,421 1.07% $ 1,666.67 $ 1,427.68 $ 3,094.34 $ 3,094.34 17 LAGUNA NIGUEL 66,877 2.14% $ 1,666.67 $ 2,856.85 $ 4,523.51 $ 4,523.51 18 LAGUNA WOODS 18,442 0.59% $ 1,666.67 $ 787.80 $ 2,454.47 $ 2,454.47 19 LAKE FOREST 78,317 2.51% $ 1,666.67 $ 3,345.54 $ 5,012.21 $ 5,000.00 20 LOSALAMITOS 12,191 0.39% $ 1,666.67 $ 520.77 $ 2,187.44 $ 2,187.44 21 MISSION VIEJO 98,572 3.16% $ 1,666.67 $ 4,210.79 $ 5,877.46 $ 5,000.00 22 NEWPORT BEACH 84,554 2.71% $ 1' ,666.67 $ 3,611.97 $ 5,278.64 $ 5,000.00 23 ORANGE 140,849 4.51% $ 1,666.67 $ 6,016.78 $ 7,683.44 $ 5,000.00 24 PLACENTIA 51,727 1.66% $ 1,666.67 $ 2,209.67 $ 3,876.34 $ 3,876.34 25 RANCHO SANTA MARGARITA 49,764 1.59% $ 1,666.67 $ 2,125.81 $ 3,792.48 $ 3,792.48 26 SAN CLEMENTE 67,892 2.18% $ 1,666.67 $ 2,900.20 $ 4,566.87 $ 4,566.87 27 SAN JUAN CAPISTRANO 36,782 1.18% $ 1,666.67 $ 1,571.25 $ 3,237.92 $ 3,237.92 28 SANTAANA 353,184 11.32% $ 1,666.67 $ 15,087.28 $ 16,753.95 $ 5,000.00 29 SEA-BEACH 25,986 0.83% $ 1,666.67 $ 1,110.07 $ 2,776.73 $ 2,776.73 30 STANTON 39,276 1.26% $ 1,666.67 $ 1,677.79 $ 3,344.46 $ 3,344.46 31 TUSTIN 74,218 2.38% $ 1,666.67 $ 3,170.44 $ 4,837.10 $ 4,837.10 32 VILLA PARK 6,259 0.20% $ 1,666.67 $ 267.37 $ 1,934.04 $ 1,934-04 33 WESTMINSTER 93,027 2.98% $ 1,666.67 $ 3,973.92 $ 5,640.59 $ 5,000.00 34 YORBALINDA 68,312 2.19% $ 1,666.67 $ 2,918.15 $ 4,584.81 $ 4,584.81 35 COUNTY OF ORANGE 122,032 3.91% $ 1,666.67 $ 5,212.95 $ 6,879.62 $ 5,000.00 36 OCTA* 0 0.00% $ - - - $ 5,000.00 37 TCA* 0 0.00% $ - - - $ 5,000.00 38 OC Sanitation District* 0 0.00% $ - - - $ 5,000.00 39 OC Special Districts ISDOC* 0 0.00% $ - - $ 5,000.00 40 South Coast AQMD 0 0.00% $ - - $ 5,000.00 Totall 3,121,251 1 100.00% $58,333.33 $ 167,799.65 s AMENDED BYLAWS OF THE ORANGE COUNTY COUNCIL OF GOVERNMENTS Adopted by the Orange County Council of Governments June 25, 2009 TABLE OF CONTENTS Page No. Preamble .............................................................................................................................. 1 ArticleI. Definitions............................................................................................................ 1 Article II. Purpose and Responsibilities............................................................................. 4 2.1 Purpose of OCCOG............................................................................................... 4 2.2 Responsibilities...................................................................................................... 5 2.3 General Powers..................................................................................................... 8 2.4 Limitation of Powers............................................................................................... 9 Article111. Membership.......................................................................................................... 9 3.1 Members of the OCCOG........................................................................................ 9 3.2 Membership Dues.................................................................................................10 3.3 Withdrawal............................................................................................................10 ArticleIV. General Assembly...............................................................................................11 4.1 Meetings...............................................................................................................11 4.2 Consideration of Issues ........................................................................................11 4.3 Powers..................................................................................................................12 ArticleV. Board of Directors ..............................................................................................12 5.1 Representation .....................................................................................................12 5.2 Selection of Board Members.................................................................................15 5.3 Board Vacancies and Term of Office ....................................................................17 5.4 Officers.................................................................................................................17 5.5 Meetings...............................................................................................................18 ArticleVI. Committees .........................................................................................................19 6.1 Procedural Regulations.........................................................................................19 6.2 Executive Management Committee ......................................................................20 6.3 Technical Advisory Committee..............................................................................21 Article VII. Standing and Ad Hoc Committees.....................................................................21 i Article Vill. Appointment of OCCOG Policy and Technical Representatives to Non- OCCOGCommittees...............................................................................................................22 8.1 OCCOG Board of Directors...................................................................................22 8.2 OCCOG Executive Director ..................................................................................22 ArticleIX. Staffing ................................................................................................................22 9.1 OCCOG Executive Director..................................................................................22 9.2 General Counsel...................................................................................................23 9.3 Additional Staff, Consultants or Agents.................................................................23 9.4 Staff Responsibilities.............................................................................................23 9.5 Status of Members' Officers and Employees.........................................................23 ArticleX. Finances..............................................................................................................24 10.1 Treasurer..............................................................................................................24 10.2 Auditor/Controller..................................................................................................25 10.3 Disbursement of OCCOG Funds...........................................................................25 10.4 Annual Audit.........................................................................................................25 10.5 Bonding Requirement...........................................................................................26 ArticleXI. Amendments.......................................................................................................26 11.1 Amendments.........................................................................................................26 11.2 Interpretation of Bylaws ........................................................................................26 ii 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 1. 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 of OCCOG or serve as Board Member until such time as the Alternate assumes the seat of the absent Board Member. 1 "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 Chief Administrative Officer of the OCCOG. "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 July 1 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 voting representative designated by each Member Agency. "ISDOC" shall mean the Independent Special Districts of Orange County. "League of California Cities" shall refer to the association of public entities, which comprise the Orange County Division of the League of California Cities. "Member Agency" or"Member" shall mean a party to the Joint Powers Agreement for the OCCOG, whose dues-paying membership is in good standing. 2 "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. "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 OCCOG Policies and Procedures Manual to the OCCOG Bylaws, as adopted and amended by the OCCOG Board. "Quorum" shall mean fifty percent (50%) plus (1) of the OCCOG Board, excluding vacant board seats (no appointments) and non-voting Ex Officio members. "SCAG" shall mean the Southern California Association of Governments. "SLAG 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. 3 ARTICLE II. PURPOSE AND RESPONSIBILITIES 2.1 Purpose of OCCOG The OCCOG is an agency voluntarily established by its Members pursuant to a Joint Powers Agreement (Agreement). The public interest requires a joint powers agency, known as the OCCOG, to represent the collective interests of Orange County Member Agencies in performing the general purpose as stated below. The general purpose of the OCCOG is to: A. Serve as the Subregional Organization that represents Orange County on mandated and non-mandated SCAG regional planning activities. Through such designation as a Subregional Organization, OCCOG shall participate and provide an Orange County voice of its Members on input and recommendations relating to SCAG planning activities, including but not limited to, the federally and state mandated Regional Transportation Plan, the state mandated Regional Housing Needs Assessment process, the state-mandated Sustainable Communities Strategy, and other SCAG programs. B. Develop and adopt an Orange County Projections that serves as Orange County's official growth forecast for local, areawide and regional planning activities. C. Provide a vehicle for the Members to engage cooperatively and voluntarily on additional regional and cooperative planning efforts with federal, state and regional agencies, including such planning issues as air quality, water quality, and other issues as determined by the Board and OCCOG's member agencies, and to provide an Orange County voice on recommendations and solutions on such additional planning issues to federal, state and regional agencies. 4 D. 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. It is the express intent of its Members that the OCCOG shall not possess the authority to compel any Member to conduct any activity or implement any plan or strategy that the Member does not wish to undertake (except for the payment of dues). The goal and intent of the OCCOG is one of voluntary cooperation among its member agencies for the collective benefit of member agencies in Orange County. 2.2 Responsibilities A. To conduct the purpose of OCCOG serving as the SCAG subregional organization that represents Orange County, the OCCOG shall have the following responsibilities: 1. To serve as the subregional organization that represents Orange County to SCAG, and which functions as a collaborative partner with SCAG subregions and SCAG staff, policy committees and its Governing Board, to: a. Provide Orange County's technical and policy level review, input and recommendations on SCAG activities, plans, programs and processes that are mandated by State and Federal law, such as the state-mandated Regional Housing Needs Assessment (RHNA), the federal and state-mandated Regional Transportation Plan, and the state-mandated Sustainable Communities Strategy. b. Provide Orange County's technical and policy level review, input and recommendations on SCAG activities, plans, programs and processes that are not mandated by State and Federal law, such as SCAG's 2% Compass Blueprint planning and SCAG's Regional Comprehensive Plan. 5 C. Conduct demographic activities, including the review of growth forecasts as developed by SCAG. 2. To represent the interests of the Member Agencies on SCAG plans, programs, policies and proposed legislative platforms. 3. To build consensus among Member Agencies on the development, planning, and implementation of SCAG policies and programs. B. To conduct the purpose of OCCOG developing and adopting Orange County's official growth forecast for use in local, areawide and regional planning, the OCCOG shall have the following responsibilities: 1. To serve as a sponsor agency of the Center for Demographic Research, CSUF (CDR) with other CDR sponsors in CDR's technical development of a growth forecast for Orange County. 2. To conduct a technical and policy level review and approval of Orange County's growth forecast, for transmittal to SCAG as Orange County's official growth forecast for regional planning, including the state and federally-mandated Regional Transportation Plan and Sustainable Communities Strategy. 3. To conduct a technical and policy level review and approval of Orange County's growth forecast, for use by Orange County jurisdictions, Orange County transportation agencies, and Orange County special districts, as the official growth forecast for Orange County planning efforts. 4. To approve and support Orange County's official growth forecast against any alternate forecasts developed for Orange County at the State or regional levels, including any forecasts developed through the Regional Housing Needs Assessment, State Compass Blueprint planning, or SCAG's 2% Compass Blueprint planning programs. 6 C. To conduct the purpose of OCCOG serving as a vehicle for cooperative planning for OCCOG Member Agencies, the OCCOG shall have the following responsibilities: 1. To serve as a forum for the review, consideration, study, development, and recommendation on planning issues at the areawide, regional, state and federal arenas that are of mutual interest and concern to the Member Agencies. 2. To serve as a forum for the exchange of ideas and information among its Member Agencies, and to consider questions of mutual interest and concern to Member Agencies and to develop technical, policy and action recommendations. 3. To monitor, review and analyze regional, state and federal air quality plans, programs, legislation and proposed rules and regulations as they affect Member Agencies. 4. To serve as an advocate in representing the Member Agencies at the federal, state and regional levels on issues of importance to OCCOG. 5. To facilitate intergovernmental coordination with the public and private sectors in Orange County on issues of common interest and concern to Orange County governmental and special district agencies. D. To employ agents, officers and employees. E. To make and enter into contracts, including contracts for the services of engineers, consultants, planners, financial consultants, attorneys and single-purpose public/private groups, and separate and apart there from to employ such other persons, as it deems necessary. F. To serve as a mechanism for obtaining regional, state and federal grants to assist in financing the expenditures of the OCCOG. 7 G. To apply for, receive, and administer a grant or grants under any local, regional, state or federal program. H. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity. I. To delegate some or all of its powers to the Executive Director as provided herein. OCCOG staff shall also have the authority to examine issues as requested by Member and Non-Member Agencies and present recommendations to the Board. Non-Member agency affiliations shall include, but not be limited to: Planning Directors Association of Orange County Orange County Public Works City Engineers Association However, the Executive Director and Board may not implement any authority 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, "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 OCCOG's authority prior to Board approval of such new authority. 2.3 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 2.4 of these Bylaws below. 8 2.4 Limitation of Powers The exercise of power by the OCCOG shall be limited by the following: A. The OCCOG shall have no authority or jurisdiction 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. B. 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. ARTICLE III. MEMBERSHIP 3.1 Members of the OCCOG Members of the OCCOG shall be all dues-paying 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 and which remain Members in good standing. 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 Appendix A. 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 a resolution adopted by the petitioner's governing body requesting consideration for membership along with any additional information required by the Board. 9 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, including the payment of dues. Exhibit 1 to the Agreement, which lists the names of members, shall be updated when new Member Agencies join or when Member Agencies leave, as a Supplement to the Agreement. 3.2 Membership 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. Said dues structure shall be established by resolution of the Board and shall be updated annually. 3.3 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 Board. 10 ARTICLE IV. GENERAL ASSEMBLY 4.1 Meetings The General Assembly shall consist of one voting representative or his/her alternate as designated by each Member. 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 Executive Director shall present a report to the General Assembly for the General Assembly's comment and input, including the following: A. A summary of projects and accomplishments undertaken by the OCCOG during the previous fiscal year; B. An annual financial statement of the previous fiscal year; C. A proposed work program for the following fiscal year; D. A statement of projected income and expenditures for the following fiscal year, including a listing and amount of sources of funding and all matching requirements and obligations to satisfy the funding, for all projects proposed to be 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 Executive Director, and as approved by the Board. 11 4.3 Powers The General Assembly is empowered to provide comment and policy suggestions to the Board on any agendized item, including recommendations for amendments to these Bylaws as provided in Article XI herein, and any determination of OCCOG policy matters as raised by any Member Agency and approved by the Board. 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. Concurrent with membership on the Board, each voting Member of the Board shall be an Elected Official of a Member Agency. Voting Members of the Board shall serve the OCCOG Members as a whole, and shall represent no special group or interest. Board Members shall be from a dues-paying OCCOG member agency in good standing, with the exception of agencies represented on non-voting, ex-officio seats of the Board. 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: (1) County-At-Large Representative: 1 seat (2) Orange County Transportation Authority (OCTA) Representative: 1 seat (3) Transportation Corridor Agencies (TCA) Representative: 1 seat 12 (4) County Sanitation Districts of Orange County (OCSD) Representative: 1 seat (5) Independent Service Districts of Orange County (ISDOC) Representative: 1 seat (6) South Coast Air Quality Management District (AQMD)— Orange County Representative: 1 seat (7) 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 Aliso Viejo, Dana Point, Laguna Beach, Laguna Niguel, San Clemente and San Juan Capistrano. (b) District 13, representing the cities of Laguna Hills, Laguna Woods, Lake Forest, Mission Viejo, and Rancho Santa Margarita. (c) District 14, representing the City of Irvine. (d) District 15, representing the cities of Newport Beach, 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. (g) District 18, representing the cities of Cypress, Garden Grove and La Palma. (h) District 19, representing the City of Anaheim. 13 (i) District 20, representing the cities of Los Alamitos, Seal Beach, Stanton, and Westminster. (j) 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 (8) SCAG - County Representative: 1 seat (9) Cities At-Large Representative: 1 seat (10) League of California Cities, Orange County Division: 1 seat— Non-voting Ex Officio (11) Private Sector Representative: 1 seat— Non-voting Ex Officio (12) University Representative: 1 seat— Non-voting Ex Officio C. Each Board Member may also appoint one or two Alternates to serve on the Board in the absence of the appointed Board Member, provided that the Alternate Member is an Elected Official from a dues-paying Member Agency in good standing. 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 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 14 recommendation to SCAG on any proposed adjustments to SCAG district boundaries. 5.2 Selection of Board Members Each representative seat of the OCCOG is selected as identified herein, with the selection process conducted in accordance with the OCCOG Policies and Procedures Manual. 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 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 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 Board. C. University Representative: The 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 established by the 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. 15 Board Member Representatives that are appointed and serve at the pleasure of the appointing body, are as follows: D. County At Large Representative: The Orange County Board of Supervisors may appoint one Supervisor as a Member of the OCCOG Board, provided that the County of Orange is a dues paying Member Agency in good standing. E. 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, provided that the OCTA is a dues- paying Member Agency in good standing and the appointee is an Elected Official of a dues-paying Member Agency in good standing. F. TCA Representative: The governing boards of the Orange County Transportation Corridor Agencies ("TCA") may appoint one of its Board Members to the OCCOG Board, provided that the TCA is a dues-paying Member Agency in good standing and that the appointee is an Elected Official of a dues-paying Member Agency in good standing. G. 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 of its Board Members to the OCCOG Board, provided that the OCSD is a dues-paying Member Agency in good standing and that the appointee is an Elected Official of a dues-paying Member Agency in good standing. H. ISDOC Representative: The Board of Directors for ISDOC may appoint one of its Board Members to the OCCOG Board, provided that the ISDOC is a dues-paying Member Agency in good standing and that the appointee is an Elected Official. I. AQMD —Orange County Representative: The South Coast AQMD Governing Board includes an Orange County-Cities Representative and an Orange County Board of Supervisors Representative. Said representatives shall select which representative shall serve as the 16 OCCOG Board Member and the OCCOG Board Member Alternate, provided that the AQMD is a dues-paying Member Agency in good standing, and provided that the elected officials serving as the AQMD- Orange County Cities Representative and the AQMD-County Representative are from dues-paying Member Agencies in good standing. J. SCAG - County Representative: The Representative to the SCAG Regional Council for the County of Orange shall automatically be a Member of the Board, provided that the appointee is a Supervisor for the County of Orange and provided that the County of Orange is a dues- paying Member Agency in good standing. K. 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 dues-paying City Member Agency in good standing. L. Orange County Division, League of California Cities Representative: The Orange County Division, League of California Cities may appoint one elected official to serve as a Non-voting Ex Officio member of the Board. 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 in May or as soon thereafter when a quorum is reached, and shall be elected by a majority of the Board Members in attendance. 17 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 Board, any presenter, or any member of the 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. 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 Adiournment: 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 18 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 Meeting. If no Members of the Board are present, the 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 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 Board, all meetings held hereunder, and all actions taken by said Committees 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. 19 6.2 Executive Management Committee A. The EMC shall consist of the following: (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. (4) Chair and Vice-Chair of the Board. 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 Board on subject matters within the jurisdiction of the OCCOG. The EMC may provide advice and comment to the 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 legislative and policy recommendations to the 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 20 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 quarterly at the date, time and place as established by the EMC. Special Meetings of the EMC may be called by the Executive Director or by a majority of the EMC members. 6.3 Technical Advisory Committee 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 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. TAC meetings shall be governed by provisions of the Brown Act. 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 a majority of its membership. All Standing or Ad Hoc Committees shall be chaired by a Member of the Board. The meetings of Standing Committees shall be held in accordance with the Brown Act, unless exempted by said Act. 21 ARTICLE VIII. APPOINTMENT OF OCCOG POLICY AND TECHNICAL REPRESENTATIVES TO NON-OCCOG COMMITTEES 8.1 OCCOG Board of Directors The Board may appoint a board member to represent the OCCOG Board on non- OCCOG policy committees, task forces and working groups. 8.2 OCCOG Executive Director The Executive Director may appoint staff representatives to represent the OCCOG on staff-level, non-OCCOG technical and policy committees and working groups. ARTICLE IX. STAFFING 9.1 OCCOG Executive Director 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. Said 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 approved by the Board and as provided by the OCCOG bylaws. The Executive Director shall be the chief administrative officer of the OCCOG and administer the affairs of the OCCOG. He shall receive such compensation as may be fixed by the Board. The power and duties of the Executive Director shall be subject to the authority of and as directed by the Board of Directors, and may include the following: A. To appoint, direct and remove all employees of the OCCOG and to retain consultants in a manner compliant with legal or funding agency requirements. B. Annually to prepare and present a proposed budget to the Board and to control the approved budget. 22 C. To serve as the Secretary to the Board.. D. To attend the meetings of the Board. E. To serve as the OCCOG Subregional Coordinator to SCAG, representing the Orange County SCAG subregion. F. To perform such other and additional duties as the Board, these Bylaws or applicable law may require. The duties of the Executive Director may be delegated by the Executive Director to subordinate employees or performed through contractual services. 9.2 General Counsel The Board shall appoint General Counsel to serve as legal advisor in all matters related to the performance of the OCCOG. 9.3 Additional Staff, Consultants or Agents 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. 9.4 Staff Responsibilities Responsibilities of the individuals assigned to OCCOG tasks shall be determined by the Executive Director. 9.5 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. 23 ARTICLE X. FINANCES 10.1 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 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 (e) Verify and report in writing by the Board meeting of August, November, February and May of each year to the Board and to the Member Agencies the amount of money held for the OCCOG 24 as of the last day of June, September, December and March, respectively, the amount of receipts since the last report, and the amount paid out since the last report. (f) Invest surplus OCCOG funds in accordance with an OCCOG Investment Policy, as adopted by the OCCOG Board and as established in the OCCOG Policies and Procedures Manual. 10.2 Auditor/Controller The 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 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. 10.3 Disbursement of OCCOG Funds The Board 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 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. 10.4 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 25 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 Board, each of the Member Agencies, and the Orange County Auditor within twelve (12) months of the end of the fiscal year under examination. 10.5 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 XI. AMENDMENTS 11.1 Amendments Amendments to these Bylaws may be proposed by formal recommendation of the General Assembly to be approved by a majority of the Board. Alternatively, the 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; (b) there is need for action prior to the next annual meeting of the General Assembly. 11.2 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. 26 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: OCCOG Amended & Restated Joint Powers Agreement COUNCIL MEETING DATE: July 20, 2009 RCA ATTACHMENTS .s STATUS Ordinance w/exhibits & legislative ( draft if applicable) "Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorne ) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Ap licable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXLANATION FORa.o ISSI TT C E"" T REVIEWED RETURNED. FORWARDED Administrative Staff Deputy City Administrator Initial City Administrator Initial ) City Clerk r ) EXPLANATION FOR RETURN OF°ITEM: .. s ke „ � C r te.- RCA Author: Dapkus City of Huntington Beach , g m 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 29, 2009 Orange County Transportation Authority Dave.Simpson, Manager, Local Government P.O. Box 14184 Orange CA 92863-1584 Re: Amended and Restated Joint Powers Agreement/Resolution Please find enclosed the Amended and Restated Joint Powers Agreement Establishing the Orange County Council of Governments (OCCOG), and a copy of the City of Huntington Beach City Council Resolution No. 2009-39 approving the execution of said document. If you have any questions regarding this information, please contact Patty Esparza in the Huntington Beach City Clerk's Office at (714) 526-5260. Thank you. Robin Lugar Assistant City Clerk Encl. Amended and Restated Joint Powers Agreement City of Huntington Beach City Council Resolution No. 2009-39 C: Patty Esparza, Senior Deputy City Clerk Pat Dapkus, Senior Administrative Analyst Sister Cities: Anio, Japan • Waitakere, New Zealand (Telephone:714-536-5227) Lugar, Robin From: Dapkus, Pat Sent: Tuesday, July 28, 2009 12:59 PM To: Esparza, Patty; Lugar, Robin Subject: FW: OCCOG FYI From: Karen Harriman [mailto:KHamman@cityofmissionviejo.org] Sent: Tuesday, July 28, 2009 12:43 PM To: Dapkus, Pat Cc: Jennifer Myers Subject: RE: OCCOG Hi Pat, Please direct your resolution (and signed JPA)to: Orange County Transportation Authority Dave Simpson, Manager, Local Government P.O. Box 14184 Orange, CA 92863-1584 Thanks, Karen Karen Hamman, CMC City Clerk City of Mission Viejo 200 Civic Center Mission Viejo, California 92691 949 470-3033 khammanCalcityofmissionviejo.org MISSION IEJo Make Living,Your Mission From: Dapkus, Pat [mailto:pdapkus@surfcity-hb.org] Sent: Friday, July 24, 2009 12:56 PM To: Jennifer Myers Cc: Esparza, Patty Subject: FW: OCCOG Can you tell us where we need to send the approved resolution? i