HomeMy WebLinkAboutORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) - 1996-06-03 1. ,►4
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
HUNTINGTON
BEACH c p�
f /
TO: Gail Hutton
City Attorney
FROM: Connie Brockway[ j
City Clerk
DATE: July 15, 1997
SUBJECT: "Approvals As To form" By City Attorney Of OCCOG JPA
Agreement(Approved By Council On June 3, 1996)
Please review the attached letter from Daryl Halls,Manager, OCCOG requesting that the
Mayor and City Clerk sign what they inform us is a copy of the agreement approved by
Council on June 3, 1996.
With your"Approval As To Form"the Mayor and I will sign and return to OCCOG as
requested.
CZ
atr��
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CC: City Administrator via Pat Dapkus, Management Assistant '!
Rich Barnard,Deputy City Administrator
Attachments: OCCOG JPA Agreements
RCA elated June 3, 1996
cbmcros/97-79/OCCOG
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.1 City of Huntington Beach
P.O.Box 190-2000 Main Street
Huntington(leach,Wfomia 92648 eon
HUNTINGTON BEACH
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From the dcsk of. Jarieile"Case
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Deputy City-Clerk-E:
Telephoc•Y(7fa).�i6_5'
FaK: 1lta 31 t�j14�' T4-1557
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JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
(CITY OF HUNTINGTON BEACH)
This Agreement is made by and between the members listed on Exhibit
"A" hereto, hereinafter collectively or individually referred to as "Member
Agencies," as of the date reflected on Section 9.1, after approval by such
Member Agencies pursuant to Section 9.1 hereof, including the City of
Huntington Beach.
WHEREAS, 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, and
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, and
Member Agencies realize the urgent need for area-wide planning and
coordination in order to provide advice to public entities on a range of issues
that affect multiple interests, and
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 area-wide and regional basis through the establishment of an association of
governments, and
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, and
Member Agencies believe that an Orange County Council of
Governments is best suited to accomplish the preparation of subregional plan
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components mandated by state and federal law, 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
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council of governments, and explore areas of intergovernmental cooperation and
coordination of government programs and provide recommendations and
solutions to problems of common and general concern.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligations of the parties as herein expressed, Member Agencies agree as
follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the
Orange County Council of Governments (OCCOG) which shall be a public entity,
separate and apart 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.
SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to
fulfill the purposes of this Agreement. In addition to the specific functions
described in Exhibit "I" to this Agreement, the 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;
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d. Seek economies of scale whenever practical in the administration
of governmental services.
When authorized, OCCOG shall have the power in its own name to do
any of the following:
a. To exercise jointly the common powers of its members to manage
and administer any Implementation Agreement or program;
b. To make and enter into contracts;
C. To contract for the services of engineers, planners, financial
consultants and others and apart therefrom to employ such other
persons as it deems necessary;
d. To adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
e. To apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any government entity;
g. To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member interests to
achieve the OCCOG's objectives.'
SECTION 3
ORGANIZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this Agreement, or any addenda, amendment of,
supplement thereto, and which has not, pursuant to provisions hereof,
withdrawn from the OCCOG.
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Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors ("the Board") a
resolution adopted by its governing body. The Board shall review the
petition for membership and shall vote to approve or disapprove the
petition. If the petition is approved by a majority of the Board, the
petitioning entity shall become a member of the OCCOG.
The names and addresses of the member parties at any time shall be
shown on Exhibit B, 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 entity shall become effective ninety (90)
days after a resolution adopted by its governing body which authorizes
withdrawal is received by the OCCOG.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the
successor in interest to the Orange County Regional Advisory and
Planning Council (RAPC).
SECTION 4
BOARD OF DIRECTORS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this Agreement,
the Board would ideally be composed of elected officials and ex-officio
(non-voting) representatives of the following entities:
e�Y
A
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Entity No. of Voting
Members
Orange County Division, League of California Cities 1
County of Orange 1
Orange County Transportation Authority
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOCMater Agencies Representative 1
Orange County Cities Representative to AQMD 1
County of Orange Representative to AQMD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG District
Representatives, participation/membership in SCAG is not a prerequisite
for OCCOG membership. For SCAG District Representatives to OCCOG
who are not members of SCAG, OCCOG membership will be determined
by the jurisdiction(s) that constitute the SCAG District. This applies to
both City and County representatives.
4.3 AQMD Governing Board Representatives
The AQMD representatives to OCCOG shall be the Orange County Cities
and the County of Orange representatives to the Governing Board of the
South Coast Air Quality Management District. Should the Cities AQMD
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Governing Board position be vacant, the vacancy on OCCOG shall be
filled through the City Selection Process of the Orange County Division,
League of California Cities. Should the County's AQMD Governing Board
position be vacant, the vacancy on OCCOG shall be filled by the Orange
County Board of Supervisors.
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4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange (1 member), the
Orange County Transportation Authority (1 member), the Orange County
Transportation Corridor Agencies (1 member), and the Orange County
Sanitation Districts (1 member) will be appointed by these agencies'
governing boards.
The representative (1 member) from the Orange County Division, League
of California Cities will be appointed by that organization's Executive
Steering Committee.
The at-large representative of the Orange County Cities will be selected
annually by Orange County cities through the City Selection Committee.
The Independent Special Districts of Orange County (ISDOC)lwater
agency representative will be determined by its Board of Directors.
4.5 Private Sector Representation
An ex-officio, non-voting representative from the private sector (as
determined by the OCCOG) will be determined by that private sector
entity.
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4.6 University Representation
An ex-officio, non-voting representative from the major universities in
Orange County (UCI, CSUF and Chapman) will be selected from these
institutions. This representative will be rotated among these universities
on an annual basis, based on the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member (who is appointed
annually), and the university representative, Board Members serve at the
pleasure of the appointing entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a
member of the appointing entity, he/she shall no longer serve on the
OCCOG Board. The appointing entity is encouraged to fill vacancies as
expeditiously as possible to ensure representation on the voting Board of
Directors.
Each Board Member can designate an alternate, provided that said
alternate serves 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 on the
absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a director
shall apply to an alternate director.
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4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the
right to participate in Board discussions, and the right to place matters on
the agenda, but shall not be counted towards a quorum of the Board and
shall have no vote.
4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by
serving on various boards, committees, etc. In instances where elected
officials represent more than one OCCOG Member Agency, the official
will choose one agency to represent. When an elected official is the sole
representative of an agency, the elected official shall represent that
agency on the OCCOG Board of Directors. Procedures for filling open
OCCOG member positions will follow those described in this Agreement,
Sections 4.2,4.3 and 4.4.
4.11 Officers
Chair: The Chair of the Board shall be elected annually at the first regular
meeting of each calendar year. Any director may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually at the
first regular meeting of each calendar year, and have all the powers to act
in the place of the Chair in the Chair's absence.
4.12 guorum
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.
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4.13 Meetings
Regular Meetings: Regular meetings of the Board shall be held every
month according to a schedule approved by the Board at its first meeting
each calendar year.
Special Meetings: Special meetings may be called by the Chairman or a
quorum of Board Members.
Brown Act: All meetings shall be called and conducted in accordance
with the Ralph M. Brown Act.
4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG
Board.
SECTION 5
STAFFING. FUNDING AND ADDITIONAL RESPONSIBILITIES
-5.1 Staffing
The League of California Cities, Orange County Division, shall serve in a
lead capacity in coordinating staff resources among member entities to
accomplish OCCOG work efforts and assignments. Member entities
recognize that OCCOG tasks will often benefit from "in-house" expertise,
thus will work to coordinate with individual member entities for the
provision of staff to assist in the completion of assigned tasks and to
minimize operational costs. Private sector contract assistance can be
managed by either OCCOG or the member agencies.
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a
Support to OCCOG will be provided primarily through the following
structures:
f a. Executive Management Committee (EMC): .The EMC will be
i
k comprised of executive directors of the Member Agencies as well as five
City Managers as appointed by the President of the Orange County City
Managers Association. The EMC will enable executive and management-
level review and discussion of issues under OCCOG's purview, and
provides a liaison between elected officials and technical staff on such
matters. The EMC will meet on a monthly basis in support of OCCOG's
activities and wilt provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee (TAC): The TAC will be comprised
of staffs from the member agencies and will provide technical review of
regional activities per the direction of OCCOG and/or the EMC.
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C. Private Sector Task Force (PSTF): The PSTF will provide private
sector input to OCCOG on air quality issues and on other issues under
OCCOG's purview where the OCCOG deems it appropriate for such
input.
d. Other Committees, as determined necessary and convened by
OCCOG, will provide assistance in meeting OCCOG objectives.
5.2 Fundin
Funding for the Council's operation will be provided by monies provided
to Orange County from the Southern California Association of
Governments, member and/or non-member entity financial contributions,
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grants, and other sources authorized and approved by the OCCOG Board
of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit "I", additional
responsibilities will be undertaken by OCCOG in accordance with the
following procedures:
a. Requests to Examine Issues and Provide
Input/Recommendations: Requests from non-member and Member
Agencies may be made to OCCOG to examine activities and provide
recommendations. The OCCOG shalt assign the Executive Management
Committee the task of examining staffing/funding issues and providing
recommendations to OCCOG on how and whether it might choose to
pursue the request. In addition to considering potential staffing/funding
constraints, the EMC will also base its recommendations, and the
OCCOG shall consider, on whether the request/issue has strong county-
wide support among OCCOG members and can reduce or eliminate
duplication, improve efficiencies and otherwise achieve county-wide
consensus and OCCOG objectives.
b. Assignment of Responsibilities to OCCOG: Should requests
from member and/or non-member agencies be made for the OCCOG to
assume responsibility for delivery of services, development of plans,
programs or similar activities, the OCCOG would assume said
responsibilities upon a 2/3 vote of its Board of Directors, with concurrence
of the affected agency(ies).
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SECTION 6
FINANCES
6.1 Budget
Prior to July 1 st of each fiscal year, the Board shall adopt a preliminary
budget. Prior to September 1st of each fiscal year, the Board shall adopt
a final budget.
6.2. Designation of Treasurer and Auditor
The Board of Directors shall, in accordance with applicable law, designate
a Treasurer and Auditor for the OCCOG. The Treasurer shall have
charge of the depositing and custody of all funds held by the OCCOG.
The Treasurer shalt perform such other duties as may be imposed by
provisions of applicable law, including those duties described in Section
6505.5 of the Government Code and such duties as may be required by
the Board. The Auditor shall perform such functions as may be required
by provisions of applicable law, this Agreement and any OCCOG bylaws
and the direction of the Board.
6.3 Obligations of the OCCOG
The debts, liabilities and obligations of the OCCOG shall be the debts,
liabilities or obligations of the OCCOG alone. No member of the OCCOG
shall be responsible, directly or indirectly, for any obligation, debt or
liability of the OCCOG, whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds
and shall require strict compliance with such policy. The policy shall
comply, in all respects, with all provisions of applicable law.
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6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and properties and make disbursements as
agreed to by its members. The appointed entity shall invest OCCOG
funds in accordance with the general law. All interest collected on
OCCOG funds shall be accounted for and posted to the account of said
funds.
6.6 Accounts and Re orts
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
7.1 Hold Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties
harmless from all liability for damage, actual or alleged, to persons or
property arising out of or resulting from negligent acts or omissions of the
indemnifying party or its employees.
7.2 Liability
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
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to the service to OCCOG described in Section 5.1. OCCOG and its
} members will indemnify and hold the members harmless from any
obligations, costs, claims, judgments, attorneys fees, and/or attachments
in any way connected with the services provided to OCCOG under this
Agreement.
SECTION 8
TERMINATION AND DISSOLUTION
8.1 Termination
The OCCOG shall continue to exercise the joint powers herein until the
termination of this Agreement and any extension thereof or until the
parties shall have mutually rescinded this Agreement; providing, however,
that the OCCOG and this Agreement shall continue to exist for the
purposes of disposing of all claims, distribution of assets and all other
functions necessary to conclude the affairs of the OCCOG. Termination
shall be accomplished by a majority action of the Board.
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 of 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 of the County of
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Orange in Orange County representing over 50 percent of the County's
population.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as evidenced by the signatures below.
ORANGE COUNTY COUNCIL. OF GOVERNMENTS
DATED: By:
(Print Name)
CITY OF HUNTINGTON BEACH
DATED: -2.1 Lq 6 By:-6 1 4a�-- -
Svc
Mayor (Print Name)-,AVL sullrVA"
ATTEST:
DATED: Gh/ By:
City Clerk (Print Name)
Co�vvr£ �RocCwh�
REVIEWED AND APPROVED:
i
City Administrator
APPROVED AS TO FORM.
C'ty ttorney
7/jn/Agree/occog1518196
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On �- '- (� before me, 1719"
Dale Name and Titre d Oft .la g.•"Jane Dos.Notary PubW-)
personally appeared .
Name(s)d S"r(s)
personally known to me— to be the person(
whose name(j)Ware subscribed to the within instrument
and acknowledged to me that+eA&Wthey executed the
ti+�#YB?:CE LJChtrSC\ same in hit,ATerltheir authorized ca aci ies ,and that b
= 2t CO!J f 991US P tY{" Y
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-' tit j rotj3 •his;�aerltheir signature(p)on the instrument the person(,
ORANGE Cou�mr or the entity upon behalf of which the person(s) acted,
~' My Comm.pyrxrs LAAY 11,1997 executed the instrument.
WITNESS my hand and official seal.
bvd d Notary Pubbe
p OPTIONAL
Though the information below is not required by law,it mayFrove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: .
Document Date: A,_119 6 Number of Pages: !
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _Palow,— ,�.�Q � Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner--❑ Limited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑/Guardian or Conservator ` , _ ' - ❑ Guardian or Conservator r ;.•"
!l other: Top of mur-o here C,-'Other Top Of thumb here
Signer Is Representing: Signer Is Representing: 1
0 1294 Nauonat Notary Assoaaton-$236 Rommel Ave..PO.Boa 7184-Canoga Pat.CA 91309-7184 Prod.No.5907 Reorder.Can Torl•Frss 1•NO.876.6827
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EXHIBIT I
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor)as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Monitoring regional,state and federal air quality plans and requirements
• Liaison with SCAG,SCAQMD and others on air quality issues
3. Orange County Input to SCAG Activities
• Regional Comprehensive Plart&Guide development and implementation
• Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plaits/strategies as agreed by affected ,
officials
Q. Intergovernmental coordination with public and private sectors
5. Legislative Reviewj0utreachl1nterface on activities affecting member agencies
6. Regional Housing Needs Assessment
T w w
' - Attachment 2 '
Resolution 1.96
Resolution of the
Orange County Di%ision. League of California Cities.
Supporting the Formation of an
Orange County Council of Governments
I
14'htrtat. the public interest requires that Oringe County .:ties 4nd PUNIC 411t%:41
` meet in a public forum to exchange ideas and share inf;,rmatton on �sjues .�f re2wrai
iuDIMonal itiTt•tlricatct: anc!
Whereas, in 1991. Orange County formed the Regional Planning Ind Ad,.iwr%
i
Council i RAPC? to provide a forum to focus on regtonal issues: and
Whereas, in 1991. the RAPC was reconfigured to provide a better nttus betucen its
members and the regional issues it addresses:and
Whereas, in response to the Orange County bankruptcy and the County of Orutge
reducing its role in regional issues.the Orange County Ciry 4tanagers' Association convened a
task force to develop a process for the most effective means of comprehensively 4ddressing
regional planning:and
Whereas, the Task Force. after reviewing various models for addressing regional
planning Issues. have recommended the development of a Council of Governments to provide
a forum for addressing regional planning imues: asxi
%7wreat. concurrently,a Res=mrin; Supercommittm convened by Orange County
cities to study the delivery of regional services also identified a Council of Governments as in
enury needed to discuss and possibly implement future rcstn,icmmg recornmendadons: and
WA#regm the formation of an Orange County Council of Governments will provide
Orange County with a arena for its public agencies to exchange ideas and information.conduct
studies and projects to improve common government responsibilities.build consensus among
members on mgkxW aad subregional issues.advocate Orange County interests at the regional.
star and federal level.and assist in coordinating subregiorial planning efforts:and
Now, PJrtrrfwV, Be ft Resolved, that the Orange County Division. League of
California Cities supports tie formuioa of an Orange County Council of Governments to
provide a formal foctism for Orange County public agencies on regional planning activities and
issues.
Be It Further Rtsolvtd. - ,: ':_:_.: :. ':ti.. . 1 ; .in ?
7.
Pissed and Adopted. ::,., t::• _ :� _,� �y^ .,��
C,;+-.K ti1.� H,m�su�+tre
Pres;Dent Ch ur. Res,`iuL':fly C-.mint
C'Uncil Member C:urc4 tivnrtr
C:ry .;r F'uunLun Valley C.t% of C:sta %Icsa
., 'ass-tea•-'"'
j4net Huston
Ecccuu--c Dutctor
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�1 City of Huntington Beach
, , M P.O.Box 190-2000 Main Street
Huntington Beach,California 92648
HUNTINGTON BEACH
From the desk of: Janelle Case
Deputy City Clerk
Telephone: (714)536-5260
Far; (714)374-1557
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-�� City of Huntington Beach `J
• P.O.Box 190-2000 Main Street
tlnntington Bach,California 92648
HUNTINGTON BEACH
From the desk of: Connie Brockway,CMC
City Clerk
Telephone: (714)536-5404
Fax: (714)374-1557 L�
P-Z77. 4 r
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ORANGE { UNTY COUNCIL OF GOVERNMENTS � � • '.
Memorandum
i
Date: March 10, 1997 ! z 1gsT
To: OCCOG Member Agencies
c/o City Manager,Agency Director or City Clerk
From: Daryl K. Halls,Manager,Orange County Division. LOCC
Subject: OCCOG JPA signatures
Enclosed are five original copies of the Joint Powers Agreement(JPA)which formed the Orange
County Council of Governments(OCCOG). At the request of OCCOG legal counsel,a master
signature page has been prepared for signature by all 30 of the original agencies that are members of
the OCCOG. The language in the attached JPA is identical to the Jpa adopted previously by your
agency.
Each is agency is requested to have its Mayor/Chair,City Clerk and Legal Counsel resign the five
JPAs and back date to the date its governing took action to join the OCCOG. A copy of the JPA will
be returned to each member agency after each participant has sig a document.
In order to expedite the completion of this task,pleas call Rick Bishop myself at(714)972-0077,
so that we may forward the JPA to the next member ab for your assistance in this
matter.
cc: Janet Huston, Executive Director
attachment: Signature pages for OCCOG JPA
APR 2 3 1997
G �
CL
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Agreement made between the Member Agencies (listed in
Exhibit II) hereinafter collectively or individually referred to as"Member Agencies."
6
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
is best suited to accomplish the preparation of subregional plan components mandated by
1
state and federal law,conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an areawide and regional basis
through the establishment of a council of governments,and explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
NOW,THEREFORE,in consideration of the recitals and the mutual obligations of the
parties as herein expressed,Member Agencies agree as follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the Orange County
Council of Governments(OCCOG) which shall be a public entity,separate and apart 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.
SECTION 2
PURPOSE AND FUti'CTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill the
purposes of this Agreement. In addition to the specific functions described in
Exhibit I to this Agreement,the 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
i
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;
«'hen authorized, OCCOG shall have the power in its own name to do any of the
following:
2
i
a. To exercise jointly the common powers of its members to manage and
administer any implementation agreement or program;
b. To make and enter into contracts;
c. To contract for the services of engineers, planners,financial consultants and
others and apart therefrom to employ such other persons,as it deems
necessary;
d. To adopt rules,regulations,policies,bylaws and procedures governing the
operation of OCCOG;
e. To apply for grants tinder any federal, state,regional or local programs as
needed to achieve member objectives;
f. To receive gifts,contributions and donations of property,funds, services
and other forms of financial assistance from persons,firms,corporations
and any governmental entity;
g To the extent not specifically provided in this Agreement,to exercise any
powers authorized by the member agencies to achieve the OCCOG's
objectives.
SECFION 3
Q&QAMZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement,or any addenda,afnendment,of
supplement thereto,and which has not,pursuant to provisions hereof,
withdrawn from the OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors (The Board)a resolution
adopted by its governing body. The Board shall review the petition for
membership and shall vote to approve or disapprove the petition. If the peddon is
approved by a majority of the Board the petitioning entity shall become a member of
the OCCOG.
The names and addresses of the member parties at any time shall be shown
on Exhibit 2, attached,as amended or supplemented from time to time.
` � 3
3.2 Withdrawal from Membership
Any member of OCCOG may,at any time,withdraw from the OCCOG. The
withdrawal of a member agency shall become effective ninety(90)days after a
resolution adopted by its governing body which authorizes withdrawal is received
by the OCCOG.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the successor in
interest to the Orange County Regional Advisory and Planning Council (RAPC).
SECTION 4
4.1 Board of Directors and Voting
All functions of&e OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this agreement,the
Board would ideally be composed of elected officials and ex-officio(non voting)
representatives of the following entities:
Entity No.Qf Votilia,
Orange County Division,League of California Cities 1
County of Orange I
Orange County Transportation Authority 1
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOCAVater Agencies Representative 1
Orange County Cities Representative to AQ,),'lD 1
County of Orange Representative to AQINiD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
4
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG district representatives,
participation/membership in SCAG is not a prerequisite for OCCOG membership.
For SCAG District representatives to OCCOG who are not members of SCAG,
OCCOG membership will be determined by the jurisdiction(s) that constitute the
SCAG District. This applies to both City and County representatives.
4.3 AQ41D Governing Board Representatives
The AQNID representatives to OCCOG shall be the Orange County Cities and the
County of Orange representatives to the Governing Board of the South Coast Air
Quality Management District. Should the Cities AQMD Governing Board position
be vacant,the vacancy on OCCOG shall be tilled through the City Selection
Process of the Orange County Division,League of California Cities. Should the
County's AQMD Governing Board position be vacant,the vacancy on OCCOG
shall be filled by the Orange County Board of Supervisors.
4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange (1 member),the Orange County
Transportation Authority(1 member),the Orange County Transportation Corridor
Agencies (1 member),and the Orange County Sanitation Districts (1 member) will
be appointed by these agencies'governing boards.
The representative (1 member) from the Orange County Division,League of
California Cities will be appointed by that organization's Executive Steering
Committee.
The at-large representative of the Orange County Cities will be selected annually by
Orange County Cities through the City Selection Committee.
The Independent Special Districts of Orange County(ISDOC)/water agency
representative will be determined by its Board of Directors.
4.5 Private Sector Representation
An ex-officio,non-voting representative from the private sector(as detemmined by
the OCCOG)%;,ilI be determined by that private sector entity.
5
4.6 University Representation
An ex-officio, non-voting representative from the major universities in Orange
County (UCI, CSUF and Chapman)will be selected from these institutions. This
representative will be rotated among these universities on an annual basis based on
the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member(who is appointed annually),and
the university representative,Board members serve at the pleasure of the appointing
entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member of the
appointing entity,he/she shall no longer serve on the OCCOG Board. The
appointing entity is encouraged to fill vacancies as expeditiously as possible to
ensure representation on the voting Board of Directors.
Each Board member can designate an alternate,provided that said alternate serves a
similar capacity in the entity as the Board member(i.e.,elected officials for voting
members). Alternate directors shall receive all meeting notices and written material
sent to directors and shall have the right to participate and vote at meetings of the
Board on the absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a Board member
shall apply to an alternate board member.
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices,shall have the right to
participate in Board discussions,and the right to place matters on the agenda,but
shall not be counted towards a quorum of the Board and shall have no vote.
4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by serving on
various boards,committees,etc. In instances where elected officials represent
more than one OCCOG member agency,the official will choose one agency to
represent. When an elected official is the sole representative of an agency,the
6
elected official shall represent that agency on the OCCOG Board of Directors.
Procedures for filling open OCCOG rrember positions will follow those described
in this Sections 4.2, 4.3, and 4.4.
4.11 Off cers
Chair: The Chair of the Board shall be elected annually at the first regular meeting
of each calendar year. 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 at the first regular
meeting of each calendar year,and have all the powers to act in the place of the
Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for acting on the
business of the Board. If such number of Board members is an even number,a
majority shall be one more than half the number of appointed directors to the Board.
4.13 Meetings
Regular Nleedngs: 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.
4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG and its
support structure will be established and approved by the OCCOG Board.
. , A./
SECTION 5
5TAEEINQ. FUNDINQAND RESEQNSIBILITIES
5.1 Staffing
The League of California Cities,Orange County Division,shall serve in a lead
capacity in coordinating staff resources among member entities to accomplish
OCCOG work efforts and assignments. Member agencies recognize that OCCOG
tasks will often benefit from "in-house" expertise,thus will work to coordinate
with individual member entities for the provision of staff to assist in the completion
of assigned tasks and to minimize operational costs. Private sector contract
assistance can be managed by either OCCOG or the member agencies.
Support to OCCOG will be provided primarily through the following structures:
a. Executive Management Committee(EMC): The EMC will be comprised of
executive directors of the member agencies as well as five City Managers as
appointed by the President of the Orange County City Managers Association. The
ENIC will enable executive and management•Ievel review and discussion of issues
under OCCOG's purview,and provides a liaison between elected officials and
technical staff on such.matters. The EMC will meet on a monthly basis in support
of OCCOG's activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee (TAC): The TAC will be comprised of staffs
from the member agencies and will provide technical review of regional activities
per the direction of OCCOG and/or the ENiC
c. Private Sector Task Force (PSTF): The PSTF will provide private sector input
to OCCOG on air quality issues and on other issues under OCCOG's purview
where the OCCOG deems it appropriate for such input.
d. Other Committees,as determined necessary and convened by OCCOG, will
provide assistance in meeting OCCOG objectives.
5.2 Funding
Funding for the Council's operation will be provided by monies provided to Orange
County from the Southern California Association of Governments,member and/or
non-member agency financial contributions,grants,and other sources authorized
and approved by the OCCOG Board of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit I,additional
responsibilities%%;ill be undertaken by OCCOG in accordance with the following
procedures.
a. Requests to Examine Issues and Provide Input/Recommendations:
Requests from non-member and member agencies may be made to OCCOG to
examine activities and provide recommendations. The OCCOG shall assign the
Executive Tdanagement Committee the task of examining staffing/funding issues
and providing recommendations to OCCOG on how and whether it might choose to
pursue the request. In addition to considering potential stafCing/funding
constraints,the EMC 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.
b. Assignment of Responsibilities to OCCOG: Should requests from member
and/or non-member agencies be made for the OCCOG to assume responsibility for
delivery of services,development of plans,programs or sirrular activities, the
OCCOG would assume said responsibilities upon a 2/3 vote of its Board of
Directors,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 preliminary budget.
Prior to September 1st of each fiscal year, the Board shall adopt a final budget.
6.2 Designation of Treasurer and Auditor
The Board of Directors shall,in accordance with applicable law,designate a
Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code and
such duties as may be required by tfie Boa:-d. The Auditor shall perform such
functions as may be required by provisions of applicable law,this Agreement and
any OCCOG bylaws and the direction of the Board.
6.3 Obligations of the OCCOG
The debts,liabilities and obligations of the OCCOG shall be the debts,liabilities or
obligations of the OCCOG alone. No member of the OCCOG shall be responsible,
directly or indirectly,for any obligation,debt or liability of the OCCOG,
whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds and shall
require strict compliance with such policy. The policy shall comply,in all respects,
with aH provisions of applicable law.
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of,and disburse
OCCOG funds and properties and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
10
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which are
deemed necessary to account for and report on the various sources of funds,
expenditures,grants,programs and projects and, as may be required by good
accounting practice,the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the members agencies at all reasonable times.
SECTION 7
7.1 Hold Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties harmless from all
liability for damage,actual or alleged,to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party of its
employees.
7.2 The member agencies,and their employees, officers,members and directors will
not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG)for any acts or omissions related to the service to
OCCOG described in Section 5.1. OCCOG and its members will indemnify and
hold the members harmless from any obligations, costs,claims,judgments,
attomey's fees,and/or attachments in any way connected with the services provided
to OCCOG under this agreement.
SECTION 8
N
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 of er functions necessary to conclude the affairs of the OCCOG.
Termination shall be accomplished by a majority action of the Board.
• � — 11
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 Govemment 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
LN WITNESS WHEREOF, the parties hereto have executed this Agreement as
evidenced by the signatures below.
City r'ea
Mayor Date Approved
Approved as to form: Attest:
ity Attorney,City of Brea City Clerk,City of tr6a
City of Buena Park
By: LltG+b---G May 6, 1996
Mayor Date Approved
Approv as t fo Attest:
City Attorney,City of na Park City Clerk,City of Buena Park
City of to NI
,
Mayor Date A p ved
Approved as to form: Attest
j (�-1 7 T. -4
City Attorney,City of Costa Mesa City rk, City of Costa Mesa
_ 13 City Council Approved On:
City of Cypress
v
Mayor Date Approved
Approved as to form: Attest:
<z'
J" �f (-��� C�, '
Ci Attorney,Ci of Cypres tty'Clerk,City of Cypress
City of Dan Point
Bv: A - 4. Z1 101-4-
h yor Date pp ed
ed as to form: Attest:
(1Z n
City Attorney,City of Dana Point City erk, o ana Point
City of Fountain Valley
f May 7, 1996
Mayor Pro Tern Date Approved
Approved as to form: Attest:
qaju—
City Attorney, City of Fountain Valley City Clerk, City of Fountain Valley
14
City of Fullerton
v s-/a I G
Mayor Date Ap roved
A d as to Attest:
City Attome ,City 02
ullerton City Cle , City of Fullerton
City of Huntington Beach
Mayor DateAppfoved
Approved as to form: Attest:
r-. City Attomey,City of Huntington Beach City Clerk, City of Huntin on
Beach �12 7
City of Irvine
By:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Irvine City Cleric,City of Irvine
: - _ 15
City of La Habra
By:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of La Habra City Clerk,City of La Habra
City of La Palma
" C May 7, 1996
Mayor Date Approved
App ed as to form: Attest:
CJ*6iiq ,City of La alma jt, ty erk,City of La Palma
City of Laguna Beach
By:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Laguna Beach City Clerk,City of Laguna Beach
16
City of Laguna Niguel
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Laguna Miguel City Clerk,City of Laguna Niguel
City of Lake Forest
Bv-
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Lake Forest City Clerk, City of Lake Forest
City of Los Alamitos
Bv: -moo ,
Mayor -' - Date Approved
Approved as to form: Attest:
e 4J2'�'�j
City Attorney,City of Los Alamitos Clerk,City of Los Alamitos
17
City of Mission Viejo
5-A 5;�
Mayor Date App ved
Approved as to form: Attest:
City Attorney,City of Mission Viejo ity rk ity of Mission Viejo
City of Newport Beach
Bv:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Newport Beach City Clerk,City of Newport Beach
City of Orange
$y'
Mayor Date Approved
Approved as to form: Attest
City Attorney,City of Orange City CIerk,City of Orange
I
i
18
City of Placentia
By.,
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Placentia City Clerk,City of Placentia
City of San Clemente
Bv-
Mayor Date Approved
Approved as to form: Attest:
4ttttorn ,City o San Clemente City Cle ,City of San Clemente
City of San Juan Capistrano _
Mayor Date Approved
Approved to f Attcst
City Att rney,City of San Juan Capistrano City Clerk, y o an Juan '
Capistrano
: � 19
i
City of Santa Ana
L3 v:
Mayor Date Approved
Approved as to form: .Attest:
3
City Attorney,City of Santa Ana City Clerk,City of Santa Ana
City of Seal Beach
Mayor Date Appro ed
Approved as to form:rr �A
fl t
City Attorney, City of Seal Beach C'►'Cler ,City of Seal Beach'
7
City of tattton
May 14, 1996
Ia r Date Approved
Approved as to form: Attes
City Attorney,City of Stanton C' l it o ton
I
1
I
_ 20
City of Tustin
S-da -17G
pr Date Approved
Approved as to form: Attest:
mow, C�
City Attorney,Ca Wtistin 0 City Clerk,City of IVdn
1
City of Villa Park
Mayor Date Approved
Approved as to form: Attest:
City Attorney, City of Villa Park City Clerk, City of Villa Park
City of U'estm' ter
) 'f' /ro S/�M94, -7/1a/97
mayor Date Approv
A ved as form: Attest:
City Atto ey, ty of Westminster City Cie ,City of Wcstrnins r
i
21
Foothill 1 Eastern Transportation Corridor Agency
Chair Date Approved
Approved as to form: Attest:
Legal Counsel Clerk of the Board
San Joaquin hills Transportation Corridor Agency
F
By: - - -
Chair Date Approved
Approved as to form: Attest:
R
Legal Counsel Clerk of the Board
County Sanitation Districts of Orange County
Nos. 1,2,3,5,6,7,11,13 and 14
By:
Chair,Joint Boards of Directors Date Approved
Approved as to form: Attest:
Legal Counsel Clerk of the Board .
- 22 1�!
if
i
EXHIBIT I
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor)as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Monitoring regional,state and federal air quality plans and requirements
• Liaison with SLAG,SCAQ,\,'ID and others on air quality issues
3. Orange County Input to SCAG Activities
• Regional Comprehensive PIan&Guide development and implementation
` Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plans/strategies as agreed by affected
officials
4. Intergovernmental coordination with public and private sectors
S. Legislative Review/Outreach/Interface on activities affecting member agencies
b. Regional Housing Needs Assessment
23
,.
EXHIBIT II
MEMBER AGENCIES LISTItiG
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 Huntington Beach
City of Irvine
City of La Habra
City of La Palma `
City of Laguna Beach
City of Laguna Niguel
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of PIacentia
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Seat Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
Foothill 1 Eastern Transportation Corridor Agency
San Joaquin dills Transportation Corridor Agency
County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,11,13,14
24
I
CITY OF HUNTINGTON BEACH
}- 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 18, 1996
Ms. Janet Huston, Executive Director
League of California Cities, Orange County Division
600 West Santa Ana Blvd., Suite No. 214
Santa Ana, CA 92701
Dear Ms. Huston:
The City Council of the City of Huntington Beach at their meeting held June 3, 1996,
approved execution of the enclosed Joint Powers Agreement Establishing the Orange
County Council of Governments (City of Huntington Beach).
The agreement is enclosed for signature. Please return the original executed copy.
Sincerely,
Connie Brockway
City Clerk
gxclveteran
(Telephone:714.536.52271
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Agreement made between the Member Agencies(listed in
Exhibit 1I)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 MemberAgency and party to this Agreement is a(governmental)entity
established by law with full powers of government in Iegislative,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
is best suited to accomplish the preparation of subregional plan components mandated by
r . .. 1
• S
state and federal law,conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an areawide and regional basis
through the establishment of a council of governments,and explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
NOW,THEREFORE,in consideration of the recitals and the mutual obligations of the
parties as herein expressed,Member Agencies agree as follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the Orange County
Council of Governments (OCCOG) which shall be a public entity, separate and apart 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.
SECTION 2
PURPOSE AhD EUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill the
purposes of this Agreement. In addition to the specific functions described in
Exhibit I to this Agreement, the 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 iniergovernmental cooperation,coordination,
and action in the interest of its members;
d. , Seek economies of scale whenever practical in the administration of
governmental services;
When authorized, OCCOG shall have the power in its own name to do any of the
following:
Y 2
a. To exercise jointly the common powers of its members to manage and
administer any implementation agreement or program;
b. To make and enter into contracts;
C. To contract for the services of engineers,planners,financial consultants and
others and apart therefrom to employ such other persons,as it deems
necessary;
d, To adopt rules, regulations,policies,bylaws and procedures governing the
operation of OCCOG;
e. To apply for grants under any federal, state,regional or local programs as
needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds,services
and other forms of financial assistance from persons, firnzs,corporations
and any governmental entity;
g To the extent not specifically provided in this Agreement,to exercise any
powers authorized by the member agencies to achieve the OCCOG's
objectives.
SECTION 3
ORGAN17-4T1QN
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement,or any addenda,amendment,of
supplement thereto, and which has not,pursuant to provisions hereof,
withdrawn from the OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors (The Board)a resolution
adopted by its governing body. The Board shall review the petition for
membership and shall vote to approve or disapprove the petition. If the petition is
approved by a majority of the Board the petitioning entity shall become a member of
the OCCOG.
The names and addresses of the member p.•trties at any time shill be shown
on Exhibit 2,attached, as amended or supplemented from time to time.
r . .. 3
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.
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 OEI?TRECIQRS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this agreement,the
Board would ideally be composed of elected officials and ex-officio(non voting)
representatives of the following entities:
Entity No. of V
Orange County Division,League of California Cities 1
County of Orange 1
Orange County Transportation Authority I
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOCINVater Agencies Representative I
Orange County Cities Representative to AQMD 1
County of Orange Representative to AQ.%ID I
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
T . .. 4
.• fir✓ �.+�
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG district representatives,
participation/membership in SCAG is not a prerequisite for OCCOG membership.
For SCAG District representatives to OCCOG who are not members of SCAG,
OCCOG membership will be determined by the jurisdictions)that constitute the
SCAG District. This applies to both City and County representatives.
4.3 AQNID Governing Board Representatives
The AQNID representatives to OCCOG shall be the Orange County Cities and the
County of Orange representatives to the Governing Board of the South Coast Air
Quality Management District. Should the Cities AQ,%1D Governing Board position
be vacant,the vacancy on OCCOG shall be filled through the City Selection
Process of the Orange County Division,League of California Cities. Should the
County's AQMD Governing Board position be vacant,the vacancy on OCCOG
shall be filled by the Orange County Board of Supervisors.
4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange (1 member),the Orange County
Transportation Authority(1 member),the Orange County Transportation Corridor
Agencies(1 member),and the Orange County Sanitation Districts (1 member) will
be appointed by these agencies' governing boards.
The representative (1 member)from the Orange County Division,League of
California Cities will be appointed by that organization's Executive Steering
Committee.
The at-large representative of the Orange County Cities will be selected annually by
Orange County Cities through the City Selection Committee.
The Independent Special Districts of Orange County USDOC)1 water agency
representative will be determined by its Board of Directors.
4.5 Private Sector Representation
An ex-officio,non-voting representative from the private sector(as determined by
the OCCOG)w ill be determined by that private sector entity.
. .. 5
4.6 University Representation
An ex-officio, non-voting representative from the major universities in Orange
County(UCI, CSUF and Chapman)will be selected from these institutions. This
representative will be rotated among these universities on an annual basis based on
the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member(who is appointed annually),and
the university representative,Board members serve at the pleasure of the appointing
entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member of the
appointing entity,he/she shall no longer serve on the OCCOG Board. The
appointing entity is encouraged to fill vacancies as expeditiously as possible to
ensure representation on the voting Board of Directors.
Each Board member can designate an alternate,provided that said alternate serves a
similar capacity in the entity as the Board member(i.e.,elected officials for voting
members). Alternate directors shall receive all meeting notices and written material
sent to directors and shall have the right to participate and vote at meetings of the
Board on the absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a Board member
shalt apply to an alternate board member.
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions,and the right to place matters on the agenda,but
shall not be counted towards a quorum of the Board and shall have no vote.
4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by serving on
various boards,committees,etc. In instances where elected officials represent
more than one OCCOG member agency,the official will choose one agency to
represent. When an elected official is the sole representative of an agency,the
elected official shall represent that agency on the OCCOG Board of Directors.
Procedures for filling open OCCOG member positions will follow those described
in this Sections 4.2, 4.3, and 4.4.
4.11 Officers
Chair: The Chair of the Board shall be elected annually at the first regular meeting
of each calendar year. Any 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 at the first regular
meeting of each calendar year,and have all the powers to act in the place of the
Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for acting on the
business of the Board. If such number of Board members is an even number,a
majority shall be one more than half the number of appointed directors to the Board.
4.13 Meetings
Regular Meetings: Regular meetings of the Board shall be held every month
according to a schedule approved by the Board at its first meeting each calendar
year.
Special Meetings: Special meetings may be called by the Chairman or a quorum of
Board members.
Brown Act: All meetings shall be called and conducted in accordance with the
Ralph M. Brown Act.
4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG and its
support structure will be established and approved by the OCCOG Board.
1
r - 7
SECTION 5
STAFFIiy-EMINQ Aa ADDEFIONAI.RESPONSIBUTIES
5.1 Staffing
The League of California Cities,Orange County Division,shall serve in a lead
capacity in coordinating staff resources among member entities to accomplish
OCCOG work efforts and assignments. Member agencies recognize that OCCOG
tasks will often benefit from "in-house"expertise, thus will work to coordinate
with individual member entities for the provision of staff to assist in the completion
of assigned tasks and to minimize operational costs. Private sector contract
assistance can be managed by either OCCOG or the member agencies.
Support to OCCOG will be provided primarily through the following structures:
a. Executive Management Committee(EA'MQ: The EMC will be comprised of
executive directors of the member agencies as well as five City Managers as
appointed by the President of the Orange County City Managers Association. The
EMC will enable executive and management-level review and discussion of issues
under OCCOG's purview,and provides a liaison between elected officials and
technical staff on such matters. The ENIC will meet on a monthly basis in support
of OCCOG's activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee(TAQ: The TAC will be comprised of staffs
from the member agencies and will provid:technical review of regional activities
per the direction of OCCOG and/or the EMC.
c. Private Sector Task Force (PSTF): The PSTF will provide private sector input
to OCCOG on air quality issues and on other issues under OCCOG's purview
where the OCCOG deems it appropriate for such input.
d. Other Committees,as determined necessary and convened by OCCOG,will
provide assistance in meeting OCCOG objectives.
5.2 Funding
Funding for the Council's operation will be provided by monies provided to Orange
County from the Southern California Association of Governments,member and/or
non-member agency financial contributions,grants,and other sources authorized
and approved by the OCCOG Board of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit I,additional
responsibilities will be undertaken by OCCOG in accordance with the following
procedures.
a. Requests to Examine Issues and Frovide Input/Recommendations:
Requests from non-member and member agencies may be made to OCCOG to
examine activities and provide recommendations. The OCCOG shall assign the
Executive Management Committee the task of examining staffing/funding issues
and providing recommendations to OCCOG on how and whether it might choose to
pursue the request. In addition to considering potential staffing/funding
constraints,the ENT 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.
b. Assignment of Responsibilities to OCCOG: Should requests from member
and/or non-member agencies be made for the OCCOG to assume responsibility for
delivery of services,development of plans,programs or similar activities,the
OCCOG would assume said responsibilities upon a 2/3 vote of its Board of
Directors,with concurrence of the affected agency (ies).
9
kwj r✓
SECTION 6
FiNANCF.S
6.1 Budget
Prior to July 1 st of each fiscal year,the Board shall adopt a preliminary budget.
Prior to September 1st of each fiscal year,the Board shall adopt a final budget.
6.2 Designation of Treasurer and Auditor
The Board of Directors shall,in accordance with applicable law,designate a
Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other dudes as may be imposed by provisions of applicable law,
including those dudes described in Section 6505.5 of the Government Code and
such duties as may be required by the Board. The Auditor shall perform such
functions as may be required by provisions of applicable law,this Agreement and
any OCCOG bylaws and the direction of the Board.
6.3 Obligations of the OCCOG
The debts,liabilities and obligations of the OCCOG shall be the debts,liabilities or
obligations of the OCCOG alone. No member of the OCCOG shall be responsible,
directly or indirectly,for any obligation,debt or liability of the OCCOG,
whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds and shall
require strict compliance with such policy. The policy shall comply,in all respects,
with all provisions of applicable law.
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of,and disburse
OCCOG funds and properties and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
r . __ 10
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which are
deemed necessary to account for and report on the various sources of funds,
expenditures, grants,programs and projects and,as may be required by good
accounting practice,the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the members agencies at all reasonable times.
SECTION 7
1NDENINI TTY
7.1 HoId Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties harmless from all
liability for damage,actual or alleged,to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party of its
employees.
7.2 The member agencies,and their employees,officers,members and directors will
not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG) for any acts or omissions related to the service to
OCCOG described in Section 5.1. OCCOG and its members will indemnify and
hold the members harmless from any obligations,costs,claims,judgments,
attorney's fees,and/or attachments in any way connected with the services provided
to OCCOG under this agreement.
SECTION 8
TERN11NATION 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.
I 1
fir+
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.
SECT1ON 9
M1SCELLANMOUS
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.
1
City o B e '
B April 29, 1996
Mayor (Glenn G. Parker) Date Approved
Approved as to form: Attest:
LA
tty Attorney,Cit of Brea City Clerk,City of a
(dames L. Markman) (Elaine Capps)
City of Buena Park
By, 2,,Y,—,
C May 6, 1996
Mayor Date Approved
Approve to fo Attest:
�-
,ty Attorney, City of te Park Cl y Clerk, City of Buena Park
Cam
o a esa
1 q7
Mayor Date Ap ved
Approved as to form: Attest:
Ii1 1Ct 6:n-g�. -
City Attorney,City of Costa Mesa City Cl ,City of Costa Mesa
City Council Approved On:
��l ao) 149
City of Cypress
'Bv: f—(Ln
Mayor Date Approved
Approved as to form: Attest:
. �
0-
C6 Attorney, Ci 'of Cypres (;it�yy Clerk. City of Cypress
City of Dana Point
IRV: V-11 0-"� 4/LI /14 S-"/31- f 6f
Vd
yor Date Approved
as to form: Attest:
A
C y Attorney,City of liana Point 3tY'-ererk-,-VytMana Point
City of Fountain Valley
hxr-2�- , - — —J 12L May 7, 1996
Mayor Vro P--M Date Approved
Approved as to form: Attest:
ag'wi 0:0-�CL &LL�u
City Attorney,City of Fountain Valley City C1 rk,City of Fountain Valley
14
City of Fullerton
Bv: Y
�i
M A 4 Y-1
ayor Bak Apl5roved
Approved as to form: Attest:
4 ce,
wt, )V. 4.t�.c.a�✓
City Attorney, ity Fullerton City Cletk,City of Fullerton
City of Huntington Beach
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Huntington Beach City Clerk, City of Huntington
Beach
City of Irvine
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Irvine City Clerk,City of Irvine
15
City of La Habra
BY:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of La Habra City Clerk,City of La Habra
City of La Palma
v• V ' s May 7, 1996
Mayor Date Approved
Appr ved as to form: Att7�A�
�U
Wei
of Palma �Ky rk, City of La Palma
City of Laguna Beach
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Laguna Beach City Clerk,City of Laguna Beach
. _ 16
.e
City of Laguna Niguel
By: -
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Laguna Niguel City Clerk, City of Laguna Niguel
City of Lake Forest
$v:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Lake Forest City Clerk,City of Lake Forest
City of Los Alamitos
BV -�O' -�t Z.2- 94
Mayor Date Approved
Approved as to form: Attest:
(II�LQJ .
City Attorney,City of Los Alamitos t4TC16rk,City of Los Alamitos
17
City of Mission Viejo
v•
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Mission Viejo City Cl k, f Mission Viejo
City of Newport Beach
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Newport Beach City Clerk, City of Newport Beach
City of Orange
13v:
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Orange City Clerk,City of Orange
- - - 18
tud
City of Placentia
}$x
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Placentia City Clerk,City of Placentia
City of San Clemente
IRv- ko uw�
Mayor Date Approved
Approved as to form: Attest:
6JAA.d-&" /14C It# -I-A
C11yrfiomej,, City of San Clemente City C 61k,City of San Clemente
City of San Juan Capistrano
in: 4 - - - - .
jvlay()r r Date Approved
Approved - to form: Attest:
City A orney,City of San Juan Capistrano Jerk, Cit f Sdd Juan
Capistrano
r • 19
ti •
City of Santa Ana
By: .
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Santa Ana City Clerk, City of Santa Ana
City of Seal Beach
Mayor Date Approvdd
Approved as to form: tte
�Q egn &!!:tI-
City Attorney,City of Seal Beach pity Clerk,City of Seal Beach
City of S on
May 14, 1996
-OP)v1ayo5/— Date Approved
Approved as to form: Attest:
City Attorney,City of Stanton V4erk. ' f tanton
20
City of Tustin
-010- 7(0
rl Date Approved
Approved as to form: Attest:
�'. �� I) n (06QmPa7
City Attorney,City ctvr#tv V CityMfer-k,-Cify—bfTuVih
City of Villa Park
By;
Mayor Date Approved
Approved as to form: Attest:
City Attorney,City of Villa Park City Clerk, City of Villa Park
City of West inster
h ayor Date Approveid
gpr ,ed to form: Attest:
City ALoArne, City of Westminster City Cl rk,City of Westm ter
21
Foothill 1 Eastern Transportation Corridor Agency
3Bv:
Chair Date Approved
Approved as to form: Attest:
Legal Counsel Clerk of the Board
San Joaquin Hills Transportation Corridor Agency
By:
Chair Date Approved
Approved as to form: Attest:
Legal Counsel Clerk of the Board
County Sanitation Districts of Orange County
Nos. 1,2,3,5,6,7,11,13 and 14
By:
Chair,Joint Boards of Directors Date Approved
Approved as to form: Attest:
Legal Counsel Clerk of the Board
22
EXHIBIT I
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor)as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Monitoring regional,state and federal air quality plans and requirements
• Liaison v;,zth SLAG, SCAQIXID and others on air quality issues
3. Orange County Input to SCAG Activities
• Regional Comprehensive Plan&Guide development and implementation
• Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plans/strategies as agreed by affected
officials
4. Intergovemmental coordination with public and private sectors
5. Legislative Review/OutreaciOnterface on activities affecting member agencies
6. Regional Housing Needs Assessment
- 23
EXHIBIT II
MEMBER AGENCIES LISTING
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 Huntington Beach
City of Irvine
City of La Iiabra
City of La Palma
City of Laguna Beach
City of Laguna Miguel
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
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
Foothill 1 Eastern Transportation Corridor Agency
San Joaquin Hills Transportation Corridor agency
County Sanitation Districts of Orange County, Nos. 1,2,3,S,6,7,11,13,14
24
�. boa.-yo
L'vzu�e�%rrrem,6rr
i6avrae-lresmbe,4— �r aCLL
n CITY OF HUNTINGTON BEACH qP
InterOffice Communication
`r!'1ccE�h
TO: Honorable Mayor and City Council
FROM: Ralph Bauer, Council Member F64
DATE: August 27, 1998
SUBJECT: UPDATE ON ECONOMIC DVELOPMENT ACTIVITIES OF
ORANGE COUNTY COUNCIL OF GO['ER11,1fr;A1TS
As the Council's representative to the Orange County Council of Governments
(OCCOG), I wanted to provide the Council with an update as it relates to economic
development. Over the past few months,the City of Huntington Beach has played a
leadership role in getting the OCCOG to focus on how the various players in economic
development could better coordinate their efforts. This effort arose,in part,out of a level
of uncertainty as to the appropriate role for the Orange County Business Council.
Initially, a small working party of the County's six largest cities, plus Brea, convened a
staff level work group to discuss economic development, which was chaired by
Economic Development Director David Biggs. Coordinating with OCCOG's Economic
Development Advisory Committee, of which I am member, this group made a number of
recommendations to improve our countywide approach to economic development. These
recommendations are outlined in the attached Regional Economic Development
Collaborative Discussion Paper. Most importantly, through this effort the Business
Council was engaged in a positive way to be more responsive to local government
economic development needs and involvement.
In July, the Business Council's new Vice President for Economic Development, Bill
Carney, convened a half-day facilitated meeting with the Business Council's investor
cities and the OCCOG representing the non-investor cities. The end result of this
meeting was the development of a strategy to better involve cities in the Business Council
and more role definition as we move forward. Attached is a summary of this facilitated
meeting and its outcomes as presented at a recent OCCOG's Economic Development
Advisory Committee meeting by Sue Georgino, Redevelopment Services Director for the
City of Brea, and one of the participants in this on-going effort.
On August 20, 1998, the issue of economic development and the on-going activities in
this area were the main focus of the OOCOG's Annual General Assembly. These efforts
have been very well received to date by all involved in the process. Our expectations for
continued progress and better coordination of economic development on a countywide
basis are very high given the positive outcomes to date. I will provide the Council with
further updates as we move forward on this exciting inter-governmental effort to improve
the County's economic base.
RB:dcb
Attachments:
1) Regional Economic Development Discussion Paper
2) OutIine for OCCOG Presentation
Da�id'nkmosloccobup.duc
REGIONAL ECONOMIC DEVELOPMENT COLLABORATIVE
DISCUSSION PAPER
Background
Cities in Orange County have had a recent history of economic development collaboration.
This period of cooperation was proceeded by a time when cities were chasing the same job
generators and actively working to shift sales tax producing operations from neighboring
communities. However, in the late 1980's, the realization set in that this was
counterproductive. Through the dedicated efforts of a number of key economic
development staff members from cities throughout the County, a framework for
cooperation evolved, and this was ultimately embraced by elected officials.
This Economic Development Consortium eventually expanded to include private sector
partners, and began to operate on a formal basis under the auspices of the Orange County
Chamber of Commerce, now the Orange County Business Council (OCBC). This
Countywide economic development effort is now an operating division of the Business
Council and no longer has the higher profile Economic Development Consortium label.
The Business Council does maintain an advisory board for its economic development
efforts. This advisory board includes economic development staff representatives from
various cities throughout the County that are also investors in the Business Council.
Further, cities participate in numerous subcommittees such as business retention and
marketing. Overall, however, only seven cities are actively involved with the OCBC as
investors (Anaheim, Brea, Garden Grove, Huntington Beach, Newport Beach, Orange,
and Santa Ana).
The Business Council adopts a Business Plan for the Economic Development Division
each year, with the primary emphasis being on County-wide business attraction, retention
and expansion primarily in the industrial and manufacturing segments. As separate
activities, the Business Council also operates the Orange County Film Commission and the
Orange County Tourism Council, both of which are economic development related. As
such, there are a number of economic development activities that take place under the
umbrella of the Business Council.
There are two other levels of city cooperation from an economic development perspective.
Smaller groupings of cities occasionally come together to work on an economic
development project or activity. While controversial, there are different groupings of
cities working to influence the outcome of airport related issues. Cities also work
together on transportation issues that have direct economic development impacts.
On a city to city basis there are numerous levels of cooperation. It is not unusual for one
city that is unable to accommodate the needs of an existing business or new business to
make a referral to a neighboring city. Cities also regularly contact the "home" city of a
new business prospect to let them know of a pending relocation. This informal network is
well developed and used on a regular basis. A more formalized example of these bilateral
efforts is that the planning and economic development staffs of Huntington Beach and
Westminster get together quarterly to provide updates on activities in their communities.
In addition, there are formal gatherings of City officials involved in redevelopment on a
semi-regular basis in the form of a Redevelopment Roundtable under the auspices of the
California Redevelopment Association(CRA).
Competitive and Business Environment
While Cities strive to limit the impacts of competition, there will still be some competition
given the current structure of taxes and local government revenues. Most of the
competition will be for large employment generating companies in the industrial or
manufacturing arena, followed by sales tax generating point of sale manufacturers or
distributors. To a lesser degree, some large sales tax generating retailers are"regional" in
nature, and might have the ability to locate in one city or another. However, for most
retailers, their locational decisions are mandated by set geographic criteria and they don't
have the opportunity to choose from more than one community. Therefore, there tends to
be little to no competition for these types of businesses today.
Cities also collaborate through the efforts of the Private Industry Council and its allocation
of Job Training Partnership Act (JTPA)funds as an economic development tool. This also
applies to the efforts of the State Employment Development Department and its
involvement in the JTPA/PIC funded One-Stop Job Centers.
The Orange County Business Council is the agreed upon contact point for business
attraction and expansion referrals from the State's Department of Trade and Commerce.
These referrals tend to be manufacturing and industrial companies. The Business Council
sends these referrals to all 31 cities in the County and serves as a coordinator of any
responses, while seeking to ensure that the region puts its best foot forward. On an as-
needed basis, the OCBC also leads and/or participates with cities in the state's Red Team
process to help businesses stay and expand in Orange County.
There are clearly numerous opportunities for cities to collaborate, more opportunities than
those which are currently the beneficiaries of collaboration. The Orange County region is
an integrated economic unit from most perspectives. A job created in one community may
impact a supplier or retailer based in another community. Employees most often live
outside the community in which they work.
2
A key to enhanced regional cooperation is to identify those areas where there are clear
benefits from collaboration. Tourism or visitor-serving development is a good example.
A fairly high profile effort would be to attract additional professional sports franchises to
the County. While Anaheim may be the main beneficiary, sporting events fill hotel rooms
with increased spending at restaurants and retail establishments throughout the County
and reinforce the desirability of the County from a tourism perspective. The same can be
said of the expansion of tourism attractions such as Disneyland. The goal is to increase
the number of days tourists stay in Orange County by emphasizing a variety of attractions.
Other examples include the marketing of the Orange County area as the Tech Coast with
its identified target industry clusters.
A similar impact on the local economy is made by our local universities and colleges,
including Chapman University, CSUF, CSULB, and UCI. The community colleges
districts are also important assets, and cities have varying levels of relationships with the
community college campuses. However, it is clearly in the interest of all cities for there to
be strong and actively involved colleges and universities in the region.
Regional issues also generally lend themselves to collaboration from an economic
development perspective. The evolution of air quality regulations is one example that
impacts the business climate in Orange County and our ability to attract and retain
businesses. Cities working together may be able to have a positive influence on the
attractiveness of Orange County. The same could be said about infrastructure issues such
as surface transportation and flood control. The ability to address these issues and, for
example, to attract outside funding for needed improvements, has a definite impact on our
economic development climate.
IssueslOpportu n flies
There are two main issues that have been identified in the initial consultation among cities
on the topic of economic development collaboration. The first centers on the evolving
role of the Business Council and how cities will be involved. While various cities are
investors in the Business Council, it is the general sense that cities are not treated as equal
partners. The Business Council, however, desires a stronger partnership with the cities on
economic development issues. And while cities cannot be equal partners through their
financial contributions to the Business Council, cities are clearly key players in the
economic development activity of the county, and there are many other ways in which
they can make contributions.
The second main issue is a lack of formal communication among all cities on economic
development issues. Cities have generally felt that the Business Council, acting alone, is
most likely not the appropriate vehicle for this communication. This is due to the fact that
not all cities are involved in the Business Council nor does the Business Council have a
role to play in some of the economic development areas of interest to cities. As such, an
opportunity exists for the creation of a networking vehicle where ideas could be shared
and developed with information exchanged.
3
The Business Council, however, believes that there would be value to greater involvement
by all Orange County cities in the Business Council's economic development activities,
and is offering to serve in a facilitation/convening role for the coordination of information-
sharing, leveraging of resources, etc. In offering this perspective, OCBC recognizes that
some economic activities should and will be conducted by cities without Business Council
involvement. OCBC believes, however, that it could be very powerful for cities
countywide (and the County) to come together with Orange County businesses which
have made substantial investments in economic development activities under the auspices
of a regular, OCBC-facilitated venue.
There is movement in this direction. Elected officials in several cities have approached
OCBC, independently of other existing organizations, to express support for a stronger
working partnership with the Business Council on economic development issues.
There is also an opportunity to add a number of players to the public sector economist
development equation. Until recently, the County of Orange has not been a real player in
the economic development arena. This is surprising since nearly all economic activity in
the cities adds to the County's revenue base. However, the County recently partnered
with the Orange County Business Council to undertake a comprehensive review of the
County's economic development activities. The County has also become an investor in
the Business Council. Both of these actions represent an opportunity for greater regional
economic development collaboration.
Additional entities that impact the economic development climate arc the Orange County
Water District and the Orange County Sanitation District. These districts are already
actively engaged with the Orange County Business Council. These districts should be
brought further into the picture to ensure that their policies and operations are supportive
of the economic development objectives of the region's cities.
Many of the region's older and more central communities are in need of a focused
economic development effort. These areas tend to have higher concentrations of lower
wage jobs in more traditional manufacturing and service areas. Overall economic health of
the area may suffer unless there is a concerted effort by all cities to address this issue and
ensure a well-balanced economy provides opportunities for all. The same can be said of
the need to integrate into the mainstream the emerging base of minority owned and
operated companies. This longer term need will be one of the more difficult to address
since it requires a more comprehensive approach to issues than cities normally take.
Job training and Welfare to Work reforms are an opportunity which would allow cities to
build upon an already established base of cooperation. While job training is a well
understood and used economic development tool, there are still some unknowns about the
economic development benefits of Welfare to Work. We do know, however, there would
be a greater chance of success with any initiative if it grew out of collaboration.
4
Conclusions
There exists an opportunity to expand the level of cooperation among cities in the area of
economic development. An important aspect of this opportunity is the need to expand the
involvement of elected officials from the cities and other public agencies. It has been
suggested that staff' and elected officials would be brought together in an Economic
Development Forum with the Orange County Division of the League of California Cities
as a facilitator. Sponsors of the Forum could be the League, the Orange County Chapter
of the California Association for Local Economic Development (CALED), and the Orange
County Business Council. CALED is the statewide association of professionals and
organizations, both public and private, engaged in economic development. Staff members
from twenty cities and the County are CALED members. An emerging CALED initiative
is to get elected officials more involved in economic development. As such, this trial
effort involving the Orange County Chapter is supported by CALED's President and
CEO. The Forum would allow for the exchange of information and the pursuit of
economic development projects with regional benefit. This would also provide a vehicle
to engage those cities that do not participate in the Orange County Business Council.
In the case of the Orange County Business Council, there needs to be more city
participation in development of its Business Plan for the Business Council's Economic
Development Division. There is a need for greater shared understanding of different
approaches by cities and their top economic development priorities. This could be
addressed by the Business Council Economic Development Business Plan having an
appendix which list the cities top economic development goals and objectives. It is
important to note that the Business Council can raise the"we care" profile for the region's
largest employers above the local plant manager as the main local government contact to
the CEO level.
Finally, cities should strive to get a commitment from the County of Orange and special
districts to be active economic development partners. In addition, the County's Private
Industry Council's should be active participants in the Forum. This would result in a
much stronger economic development environment from which all cities would benefit.
All cities have some level of economic development activity, with some being more active
than others are. However, the County functions as a single economic entity and all ships
rise with a rising tide. By working together public agencies in Orange County can
improve the climate for our corporate citizens and the quality of life for our residents.
W1 t19g
5
AUG-19-98 WED 08:25 AM BREA REDEVELOPMENT AGENY FAX NO. 714 671 4480 P. 02
Outline for OCC06Presentation
August 11, 1998
Set the Stye:
Tuly 17'* Eight Orange County citiesgot together with Stan Oftelie, Tulie
Puentes, Gary Miller, and Bill Carney from the OCBC. Steve Pon Tell from
the LaZolla institute facilitated.
Genesis o f mee tinQ
Orange County has several cities, chambers, educational institutions,
re
yionalgoverninggroups, the county, and assorted other special interest
groups that are interested in effective regional economic development.
The OCBC was theoretically organized to be an instrument to coordinate
effectuate significant,productive economic development linking public
institutions with private businesses Cities in OCpartic►pate as investors for
that purpose.
OCOCinrited eight cities to a facilitated brainstorming session to assess the
status of current regional economic development efforts, evaluate the
city/OCSCpartnership and provide recommendations for treating a better
system of regional economic development
Steve Pon Tell facilitated thegroups identification of the key issues,
impediments and questions regarding the role and mission of the OCBC
Steve also directed o discussion aimed at providing concrete suggestions for
redr'rectin9 and targeting the city/private partnership in the OCBCs regional
economic development programs
Prior to discussing the issms betown the cities and the OCOC, we
identified the ED key players:
partial list.
OC9C League of California Cities
AUG-19-98 WED 08:25 AM BREA REDEVELOPMENT AGENY FAX NO. 714 671 4480 F. 03
OCCOG cities
County No CC Chambers of Commerce
So. Co. Chambers pICS
504"s Community Colleges
UGT Chapman University
Cal State Fullerton the T ci ty stra tegy group
The Cities identified critical questions we wanted answered during the
session:
1. Who should serve as Q clearing house, facilitator and general coordlnator
of the various regional, sub re0anal and local economic development
activities so, we are not running into each other and loosing our focus and
effectiveness?Should it be the OCBC, do they want to do 10 What are
the implications?
2. What is the mission of the OCBC.7
3. How does the OCBCprioritize, evaluate mission statement input from
investors, from citiev
4. What is the cities hole with the 004-2 rnvestors or not.
5. What should be the role?
6. What is the relationship between the OCBCand the citieso
7. What is the relationship between the OCBCand the County?
8. How do we communicate and how should we communicate?
The outcomes:
The group identified the following recommendations for a successful
relationship with the OCBC that will allow us to move forward with the work
• City representation on the Board of Directors of the OCBC
• Linkage of the /ice Chair of the Beard of Directors(For Economic
Development) to the economic development planning committees of
the OCBC.
• Leadership roles for cityrepresentatives in ED planning efforts
• Meaningful participation for City input to the Board.
• Meaningful City input in OCBCcommittee structures
• Creation of a strong and effective communication link
• OCBC leadership as a catalyst for bringing together and focusing
the various sub-organizations involved in Economic Development.
AUG-19-98 WED 08:25 AM BREA REDEVELOPMENT AGENY FAX NO. 714 671 4480 P. 04
L.)
Bill Carney has provided all of us with a draft of a proposal to effectuate
thegoals that were identified in the meeting and summarized just
now.
He restated the OCBCs role:
• Create and market an OC identity, locally, nationally and
internationally.
• Create a coordinated and ccItaboratiw regional ED effort for
the betterment of the entire county
• Identify and address challenges to an effective ED effort
Cooridmate California Trade and Commerce and Team California
efforts in the County
Me has proposed eliminating several of the current standing committees,
reorganizing one committee, and creating new more apprwpriate
committees to be the planning and implementatiot?process far the
OCRCsgoals and objectives.
• Economic Development "Consortium"
• master committee, all the players previously
mentioned in a gereral assembly type roundtable
briefing and small session planning effort
co-chaired by the OCBCs ED vice chair and a public
sector representative:
Marketing Committee
s committee would plan the OCBCs annual marketing
plan and collateral materials
• committee would also have co-chairs, both public and
private representation
RetentionlRed team committee
the purpose of the committee would be to assist
OCBC on specific business retention issues and
projects
• made up and chaired by public sector, private sector
resources, and utility representatives cis needed
• The Partnership
made-up of representatives of the various member
cities, the county, the league and OCRC senior staff
AUG-19-98 WED 08:26 AM BREA REDEVELOPMENT AGENY FAX NO, 714 671 4480 P. 05
• with agoal of keeping everyone in the loop as to what
the various localities are doing in the EL) field and
what the OCBC is doing.
• Economic Development Advisory Board
• Overview committee on all of the above efforts made-
up of the chairs of the other committees
The report addresses specific areas where cities would have key
representative status in this structure.
Also, the report discusses proposed new and expanded communication
vehicles and programs
This report is still in draft form, we have much work to do, both in getting
feed back from aff of the participants in 7117meeting and in implementing
the final accepted program.
But, rm happy to say Bill has not waited for a program:
rm sure he's doing a lot all over the Co. but, I can speak to two specific
efforts:
Two weeks ago, Bill met with Ao. Co. cities in what is the beginning of
a Alo Co. regional ED strategy group.
And,yesterday, we a very produetiwse working meeting that included
structuring our cooperative marketing strategy and defining some key
elemen tr for a COordina ted OC business marke tin
q 'branding"effort. The
goal is to have all OC cities, that want to participate maximize and leverage
our marketing dollars by participating with the OCBCin coordinated OC
marketing program.
DATE: za b h 7
FROM: Connie Brockway, City Clerk
y SUBJECT: . COMPLETION BY YOUR DEPARTMENT OF CITY
COUNCIL APPROVED AGENDA ITEM
ITEM: F-3 9 - 914.- Cs.•
Date Approved: LJ 319
The above officially
0-1
item can be ocia�llyfiled if the following requirements are met:
In order for the City Clerk's Office to proceed, please check (✓) as applicable:
^1 'L(11v�,< 7///q?
(L.4/The necessary requirements will be provided4yr
Date
OR
{ ) Completion of this item is no longer ne essary.
Department ea Signature City Attorney
Deputy City Attorney
cc: City Attorney
City Administrator
i r V
r
.A�,_ CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE C1TY.CLERK
CONNIE BROCKWAY
CRY CLERK
July 18, 1996 CC
Ms. Janet Huston, Executive Director
League of California Cities, Orange County Division
600 West Santa Ana Blvd., Suite No. 214
Santa Ana, CA 92701
Dear Ms. Huston:
The City Council of the City of Huntington Beach at their meeting held June 3, 1996,
approved execution of the enclosed Joint Powers Agreement Establishing the Orange
County Council of Governments (City of Huntington Beach).
The agreement is enclosed for signature. Please return the original executed copy.
Sincerely,
Connie Brockway ��� O 0
City Clerk �� I
g-cmveleran i k-Go
O
(Tslophonf:714 536.5227)
ORANGE. 65 NTY COUNCIL OF GOVT,` NiNIENTS
Memorandum
Date:
March 10, 1997
To: OCCOG Member Agencies
c/o City Manager,Agency Director or City Clerk-
From: Daryl K.Halls,Manager,Orange County Division.LOCC
Subject: OCCOG JPA signatures
Enclosed are five original copies of the Joint Powers Agreement(JPA)which formed the Orange
County Council of Governments(OCCOG). At the request of OCCOG legal counsel,a master
signature page has been prepared for signature by all 30 of the original agencies that are members of
the OCCOG. The language in the attached JPA is identical to the Jpa adopted previously by your
agency. 1
Each is agency is requested to have its Mayor/Chair,City Clerk and Legal Counsel resign the five
JPAs and back date to the date its governing took action to join the OCCOG. A copy of the JPA will
be returned to each member agency after each participant has sig a document.
In order to expedite the completion of this task,pleas call Rick Bishop myself at (714)972-0077,
so that we may forward the JPA to the next member a for your assistance in this
matter.
cc: Janet Huston,Executive Director
attachment: Signature pages for OCCOG JPA
i
till'
,fit- APR 2 3 1997
�/177
re-,%f-
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVEM,TENTS
This presentation reflects the Agreement made between the Member Agencies(listed in
Exhibit II)hereinafter collectively or individually referred to as"Member Agencies."
0
REC1TAI,S
A. Chapter 5 of Division 7 of Title l (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.
i
F. Member Agencies believe that an Orange County Council of Governments
is best suited to accomplish the preparation of subregional plan components mandated by
t
. f
CITY OF HUNTINGTON BEACH
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96.110
t
Council/Agency Meeting Held: !� 1,319 6
Deferred/Continued to:
Q Approved O Conditionally Approved 0 Denied Cby.City Clerk's Sign re
Council Meeting Date: 05-20-96 Department ID Number. AD96-110
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael T. Uberuaga, City Admini /
PREPARED BY: Richard D. Barnard, Deputy City Administrator
SUBJECT: Approval of Joint Powers Agreement Establishing the Orange County
Council of Governments (OCCOG)
Statement of Issue,Funding Source,Reconunended Action,AlternaJve Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Should the City Council approve a Joint Powers Agreement which creates the Orange
County Council of Governments?
Funding Source,:
NIA
Recommended Action:
Approve the Joint PaNers Agreement establishing the Orange County Council of
Governments (OCCOG) and authorize the Mayor to execute the Agreement.
Alternative Actions :
9. Not to approve the Joint Powers Agreement establishing the Orange County Council of
Governments (OCCOG).
Analysis:
During the past year, a number of activities have been occurring in Orange County to
explore mechanisms for the increased coordination among governmental agencies, with a
goal of improving the efficiency and effectiveness of local government countywide and within
the Southern California area. Since the county of Orange tiled for bankruptcy under Chapter
9 of the United States Bankruptcy Code, Orange County cities have assumed a lead role in
0018603.01 -2- F--3
05/29/96 11:27 AM
r
REQUEST FOR COUNCIL ACTION
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96-110
developing solutions to assist county government to recover. Cities, which represent 94
percent of the population of Orange County, were also quick to develop mechanisms
addressing issues related to governmental restructuring, privatization of services, sale of
county assets, and a county charter.
Interwoven through many of these activities has been the idea that a Council of
Governments could provide a single forum at which cities and other agencies could discuss
issues of mutual concern, build consensus, and pursue innovative and effective solutions to
matters that are of countywide concern. On September 14, 1995, the Orange County
Division of the League of California Cities adopted a report from its Restructuring
Supercommittee, comprised of elected officials participating in three subcommittees to
examine issues of privatization, a county charter, and service delivery. A COG was
recommended by the Subcommittee on Service Delivery as a forum where continued
restructuring discussions could occur, and also as a potential entity for the delivery of
regional services should longer-term restructuring of the county actually occur. Regional
services were defined as those services that are not municipal in nature or specifically
assigned to county government as an implementing arm of federal and state government.
(As a follow-up to the recommendations of the Restructuring Supercommittee, the division's
Executive Steering Committee, in developing its annual Strategic Plan, recommended
adoption by full Division membership. In January 1996, the full Division membership took
action to adopt the recommendations of the Restructuring Supercommittee.)
In addition to the Supercommittee report and recommendations for a COG as a potential
longer-term service delivery entity, a City Manager's Regional Issues Task Force has been
regularly meeting since March 1995 to examine avenues for improved coordination of
regional activities within Orange County and the Southern California region. This group's
focus was different than that of the Restructuring Supercommittee. The City Manager's Task
Force looked to find ways to augment Orange County's standing among regional and sub-
regional entities that impact the development and implementation of regional policy issues in
Southern California. In May 1995, the Task Force issued a report to the President of the
Orange County Division, recommending a COG as an entity to fulfill this role. The City
Managers, at that time, also recommended that a process for establishing a COG be
d--veloped. In February 1996, the Task Force approved a proposal to form a COG
consistent with the materials provided as attachments to this RCA.
The primary responsibilities of the Orange County Council of Governments (OCCOG) can
be found within the Joint Powers Agreement itself, under Exhibit I, which is included as
Attachment 1. Exhibit I outlines six (6) initial OCCOG responsibilities. These responsibilities
can be compared to existing Council of Governments responsibilities found in Attachment 4,
a Councils of Government Profile (Comparative Function Matrix).
Easic components of the proposal are included and address issues such as membership,
duties, funding and staffing. It should be noted here that the OCCOG proposal brings
together representatives into a single, voluntary, forum unlike any that exists in the state of
01118603.01 -3- 05/29196 3:16 Ph1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96-110
California. The OCCOG proposal also includes representatives from the private sector and
from universities as well as government entities so that issues discussed within the OCCOG
forum are thoroughly examined by a number of disciplines and perspectives. It is important
to note that the proposal to form the COG is unique in that the OCCOG would be the only
organization of this nature in the state of California to include single and special purpose
agencies, business and education.
On May 23, 1996 the City Council's Legislative Committee discussed the proposal to create
the Orange County Council of Governments and took action to forward the issue to City
Council with a recommendation of support.
Environmental Status:
N/A
Attachment(s)•
City Clerk's
Page Number
1. Copy of the recommended Joint Powers Agreement establishing the
Orange County Council of Governments
2. Resolution 1-96: Resolution of the Orange County Division, League of
California Cities, Supporting the Formation of an Orange County
Council of Governments (OCCOG)
3. Questions and Answers about an Orange County Council of
Governments.
4. Summary of Typical COG Roles and Responsibilities.
5. Key Dates regarding the Development of the proposal to form the
Orange County Council of Governments.
6. A Primer on Council of Governments: Provides general information on
COG organizations and functions.
. 7. List of Cities who have considered as of May 29, 1996, proposal to
create the OCCOG, and which cities have taken action to either
support or oppose its creation.
8. Letter Dated May 14, 1996, from Christine Diemer,Executive Director
of the BIA/Orange County Chapter, raising issues with the OCCOG.
9. Letter Dated May 16, 1996, from the Orange County Division, League
of California Cities, addressed to Ken Frank, City Manager of Laguna
Beach, addressing issues raised by Christine Diemer, Executive
Director of the BIA/Orange County Chapter.
0018603.01 -4- 05/29/96 3:16 PM
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERINW ENTS
This presentation reflects the Agreement made benveen the Member Agencies (Listed in
Exhibit In hereinafter collectively or individually referred to as "Member Agencies."
$E=6LS
A. Chapter 5 of Division 7 of"Title l (commencing with Section 6500) of the
California Government Code authorizes two (2)or more public agencies to jointly exercise
any power common to them.
B. Each Member Agency and parry to this Agreement is a (governmental)entity
established by-law with full powers of government in legislative,administrative,financial
and other related fields.
C. Member Agencies realize the urgent need for areawide planning and
coordination in order to provide advice to public entities on a range of issues that affect
multiple interests.
D. Member Agencies believe that tl;e 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
w•i.11 improve Orange County's abilides to be represented in the southern California region,
the State of California and the nation on issues and matters that affect collective Orange
County interests.
F. Member Agencies believe that an Orange County Council of Governments
is best suited to accomplish the preparation of subregional plan components mandated by
1
state and federal law,conduct studies and projects designed to improve and coordinate the
common governmental responsibilities and services on an areawide and regional basis
through the establishment of a council of governments,and explore areas of
intergovernmental cooperation and coordination of government prog:atns and provide
recommendations and solutions to problems of common and general concern.
NOW,THEREFORE, in consideration of the recitals and the mutual obligations of the
parties as herein expressed, Member Agencies agree as follows:
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the Orange County
Council of Governments (OCCOG) which shall be a public entity,separate and apart 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.
SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill the
purposes of this Agreement. In addition to the specific functions described in
Exhibit 1 to 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;
When authorized, OCCOG shall have the power in its own name to do any of the
following:
2
a. To exercise jointly the common pov%'ers of its members to manage and
administer any implementation agreement or program;
b. To make and enter into contracts;
C. To contract for the services of engineers,planners, financial consultants and
others and apart therefrom to emFloy such other persons,as it deems
necessary;
d. To adopt rules, regulations, policies, bylaws and procedures governing the
operation of OCCOG;
C. To apply for grants under any federal, state,regional or local programs as
needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds, services
and other forms of financial assistance from persons, firms,corporations
and any governmental entity;
g To the extent not specifically provided in this Agreement, to exercise any
powers authorized by the member agencies to achieve the OCCOG's
objectives.
5ECITON 3
QRGANTZATTON
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement,or any addenda,amendment,of
supplement thereto, and which has not,pursuant to provisions hereof,
withdrawn from the OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors (The Board)a resolution
adopted by its governing body. The Board shall review the petition for
membership and shall vote to approve or disapprove the petition. if the petition is
approved by a majority of the Board the petitioning entity shall become a member of
the OCCOG.
The names and addresses of the member panics at any time shall be shown
on Exhibit 2, attached,as amended or supplemented from time to time.
3
I
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.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the successor in
interest to the Orange County Regional Advisory and Planning Council (RAPQ).
SECTION 4
BOARD OF 12JEJ:QjQRS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this agreement,the
Board would ideally be composed of elected officials and ex•officio(non voting)
representatives of the following entities:
mil)!- No. of Voting Members
Orange County Division,League of California Cities 1
County of Orange 1
Orange County Transportation Authority 1
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDWWater Agencies Representative 1
Orange County Cities Representative to AQNID 1
County of Orange Representative to AQMD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
4
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG district representatives,
participation/membership in SCAG is not a prerequisite for OCCOG membership.
For SCAG District representatives to OCCOG who are not members of SCAG,
OCCOG membership will be determined by the jurisdictions) that constitute the
SCAG District. This applies to both City and County representatives.
4.3 AQMD Governing Board Representatives
The AQNiD representatives to OCCOG shall be the Orange County Cities and the
County of Orange representatives to the Governing Board of the South Coast Air
Quality Management District. Should the Cities AQN D Governing Board position
be vacant,the vacancy on OCCOG shall be filled through the City Selection
Process of the Orange County Division,League of California Cities. Should the
County's AQMD Governing Board position be vacant,the vacancy on OCCOG
shall be filled by the Orange County Board of Supervisors.
4.4 Appointments by Member Agencies
OCCOG representatives for the County of Orange(1 member),the Orange County
Transportation Authority(I member), the Orange County Transportation Corridor
Agencies(1 member),and the Orange County Sanitation Districts (1 member) will
be appointed by these agencies' governing boards.
The representative(I member) from the Orange County Division,League of
California Cities will be appointed by that organization's Executive Steering
Committee.
The at-large representative.of the Orange County Cities will be selected annually by
Orange County Cities through the City Selection Committee.
I
The Independent Special Districts of Orange County(ISDOC)I water agency
i
representative will be determined by its Board of Directors .
4.5 Private Sector Representation
An ex-officio,non-voting representative from the private sector(as determined by
the OCCOG) will be determined by that private sector entity.
5
S �
4.6 University Representation
An ex-officio, non-voting representative from the major universities in Orange
County (UCi, CSUF and Chapman) will be selected from these institutions. This
representative will be rotated among these universities on an annual basis based on
the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member(who is appointed annually),'and
the university representative, Board members serve at the pleasure of the appointing
entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a member of the
appointing entity, he/she shall no longer serve on the OCCOG Board. The
appointing entity is encouraged'to fill vacancies as expeditiously as possible to
ensure representation on the voting Board of Directors.
Each Board member can designate an alternate,provided that said alternate serves a
similar capacity in the entity as the Board member(i.e.,elected officials for voting
members). Alternate directors shall receive all meeting notices and written material
sent to directors and shall have the right to participate and vote at meetings of the
Board on the absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a Board member
shall apply to an alternate board member.
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices,shall have the right to
participate in Board discussions,and the right to place matters on the agenda, but
shall not be counted towards a quorum of the Board and shall have no vote.
4.10 No Dual Representation
It is recognized that elected officials often represent various agencies by serving on
various boards, committees,etc. In instances w-here elected officials represent
more than one OCCOG member agency, the official mill choose one agency to
represent. When an elected official is the sole representative of an agency,the
6
•• elected official shall represent that agency on the OCCOG Board of Directors.
Procedures for filling open OCCOG member positions will follow those described
in this Sections 4.2, 4.3, and 4.4.
4.11 Officers
Chair: 7be Chair of the Board shall be elected annually at the first regular meeting
of each calendar year. 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 at the first regular
meeting of each calendar year,and have all the powers to act in the place of the
Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for acting on the
business of the Board. If such number of Board members is an even number,a
majority shall be one more than half the number of appointed directors to the Board.
4.13 Meetings
Regular Meetings: Regular meetings of the Board shall be held every month
according to a schedule approved by the Board at its first meeting each calendar
year.
Special Meetings: Special meetings may be called by the Chairman or a quorum of
Board members.
Brown Act: All meetings shall be called and conducted in accordance with the
Ralph M. Brown Act.
4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG and its
support structure will be established and approved by the OCCOG Board.
7
V
SECnON 5
STAIMN9. FUIN'DING AND ApnlTIONAL RESP_ONSIBIU MS
5.1 Staffing
The League of California Cities, Orange County Division, shall serve in a lead
capacity in coordinating staff resources among member entities to accomplish
OCCOG work efforts and assignments. Member agencies recognize that OCCOG
tasks will often benefit from "in-house"expertise, thus will work to coordinate
with individual member entities for the provision of staff to assist in the completion
of assigned tasks and to minimize operational costs. Private sector contract
assistance can be managed by either OCCOG or the member agencies.
Support to OCCOG will be provided primarily through the following structures:
a. Executive Management Committee (EMC): The EMC will be comprised of
executive directors of the member agencies as well as five City Managers as
appointed by.the President of the Orange County City Managers Association. The
EAZC will enable:executive and management-level review and discussion of issues
under OCCOG's purview,and provides a liaison between elected officials and
technical staff on such matters. The Eh7C will meet on a monthly basis in support
of OCCOG's activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee (TAC): The TAC will be comprised of staffs
from the member agencies and will provide technical review of regional activities
per the direction of OCCOG and/or the EMC.
c. Private Sector Task Force (PSTF): The PSTF will provide private sector input
to OCCOG on air quality issues and on other issues under OCCOG's purview
where the OCCOG deems it appropriate for such input.
d. Other Committees,as determined necessary and convened by OCCOG, will
provide assistance in meeting OCCOG objectives.
8
5.2 Funding
Funding for the Council's operation will be provided by monies provided to Orange
County from the Southern California Association of Governments,member and/or
non-member agency financial contributions,grants,and other sources authorized
and approved by the OCCOG Board of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit I,additional
responsibilities will be undertaken by OCCOG in accordance with the following
procedures.
a. Requests to Examine Issues and Provide Input/Recommendations:
Requests from non-member and member agencies may be made to OCCOG to
examine activities and provide recommendations. 7be OCCOG shall assign the
Executive Management Committee the task of examining staffing/funding issues
and providing recommendations to OCCOG on how and whether it might choose to
pursue the request~ In addition to considering potential staffing/funding
constraints, the EMC will also base its recommendations,and the OCCOG shall
consider,on whether the requestrissue has strong countywide support among
OCCOG members and can reduce or eliminate duplication, improve efficiencies and
otherwise achieve countywide consensus and OCCOG objectives.
b. Assignment of Responsibilities to OCCOG: Should requests from member
and/or non-member agencies be made for the OCCOG to assume responsibility for
delivery of services, development of plans,programs or similar activities, the
OCCOG would assume said responsibilities upon a 2/3 vote of its Board of
Directors,with concurrence of the affected agency (ies).
i
9
SECTION 6
FINANCES
6.1 Budget
Prior to July l st of each fiscal year,the Board shall adopt a preliminary budget.
Prior to September 1st of each fiscal year,the Board shall adopt a final budget.
6.2 Designation of Treasurer and Auditor
The Board of Directors shall,in accordance with applicable law,designate a
Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code and
such duties as may be required by the Board. The Auditor shall perform such
functions as may be required by provisions of applicable law, this Agreement and
any OCCOG bylaws and the direction of the Board.
6.3 Obligations of the OCCOG
The debts,liabilities and obligations of the OCCOG shall be the debts,liabilities or
obligations of the OCCOG alone. No member of the OCCOG shall be responsible,
directly or indirectly, for any obligation,debt or liability of the OCCOG,
whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds and shall
require strict compliance with such policy. The policy shall comply,in all respects,
with all provisions of applicable law.
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of,and disburse
OCCOG funds and properties and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
10
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which are
deemed necessary to account for and report on the various sources of funds,
expenditures, grants,programs and projects and,as may be required by good
accounting practice, the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the members agencies at all reasonable times.
SECTION 7
INDEMNITY
7.1 Hold Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties harmless from all
liability for damage,actual or alleged,to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party of its
employees.
7.2 The member agencies, and their employees,officers,members and directors will
not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG)for any acts or omissions related to the service to
OCCOG described in Section 5.1. OCCOG and its members will indemnify and
hold the members harmless from any obligations, costs,claims,judgments,
attorney's fees,and/or attachments in any way connected with the services provided
to OCCOG under this agreement.
SEC ON S
J'ERMTNAJ]ON AND DTSSOLUTION
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.
i
1I
i
8.2 Distribution of Property and Funds
In the event of the termination of this Agreement, any property interest remaining in
OCCOG following the discharge of all obligations shall be disposed in accordance
with Government Code Section 6512.
SECTION 9
MISCELLANEOUS
9.1 Effective Date
This Agreement shall be effective and the Orange County Council of Governments
shall exist from and after such date as this Agreement has been executed by 50
percent plus one of the cities or the County of Orange in Orange County
representing over 50 percent of the County's population.
4
12
IN NVITNTESS WHEREOF, the parties hereto have executed this Agreement as
evidenced by the signatures below.
City o B e i
April 29, 1996
Mayor (Glenn G. Parker Date Approved
Approved as to form: Attest:
ity Attorney, Cit of Brea Ciry Clerk,City of a
(James L. Markman) (Maine Capps)
City of Buena Park
Bv: C May 6, 1996
Mayor Date Approved
Approve to fo Attest:
ity Attorney,City of ue a Park Gty Clerk, City of Buena Park
Ci of Co a esa
1 97
Mayor Date Ap ved
Approved as to form: Attest:
IVY �C� �-n•s� —~
City Attorney,City of Costa Mesa City Cl , City of Costa Mesa
City Council Approved On:
13 -111-41
acj l94(
City of Cypress
Mayor Date Approved
Approved as to form: Attest:
Ci Attorney, Ci of Cypres git�yy'Clerk, City of Cypress
City of Dana Point
4 Si31(- 1t
h yor Date Approved
av d as to form: Attest:
/9 bz/�� tl2cm
MY Attorney, City of Dana Point City er , y ana Point
City of Fountain Valley
C=� May 7, 1996
Mayor Pro ern Date Approved
Approved as to form: Attest:
twivc-4., Q�a'u_ &a��
City Attorney,City of Fountain Valley City C1 rk,City of Fountain Valley
14
S
%I
l
City of Fullerton
Rv- &;�JA4r &
Mayor Dak Ap roved
Approved as to form: Attest:
62'et )V. 4L.ZiV
City Attorney, ity Fullenon City Cle , City of Fullerton
City of Huntington Beach
h At
B v: Alk
Mayor Date Approved '
Approved as to form: Attest:
- ' City Attomey, City of Hunti gton Beach City Clerk, City of Huntinobn
Beach
City of Irvine
�
Mayor Date Appro ..ed
Appro d as t fo Attest:
City c of lrvind Ci lerk,,'iry of Irvine
7r ✓
15
City of La Habra
R V; i,X,�L'- �' , Z' 0 -
Mayor Date Approved
A as t Attest
SA�
City Atto y, ty of La Habra City Clerk,City of La 14abra
City of La Palma
V. �.s May 7, 1996- -2 _
Mayor Date Approved
Vppr,,ved as to form: AttesAx/?
�Oibe
y City of Palma y Vrk. City of La Palma
City of La e
-a/- 116
Iti yor Date Approved
Approv �� f Attest:
r
CityAnorhey,CV of Laguna Beach City Clerk,City cf Laguna Be h
16
City of Laguna Niguel
h#ayor ` Date 4prove4
Approved as to form:
--7 (7,,
City Attorne , City of Laguo Niguel y Clerk, ity of Laguna Niguel
City of Lake Forest
By: Z�& _ �&2 51a I 13�---
Mayor Date hp ved
Approved as to form: Attest:
tori o L For eric�+�t�y of Lakr,Aity, -:,:tw ,
City of Los Alamitos
IRVS�r� --G (t1a4it4l,- n
Mayor Date Approved
Approved as to form: Attest:
tINXdJ .
City Attorney,City of Los Alamitos ZClirk,City of Ios Alamitos
17
City of Mission Viejo
v- ✓ � �
Mayor Date Approved
Approved as to form: Attest:
City Attomey,City of Mission Viejo City Ckik, f Mission Viejo
City of Newport Beach
13 (h 4 AI 7
Mayor Date Appro ed - y C.'7'
AppWved as to form: Attest:
Viol-
'• =/
City Attorney,City of Newport Beach City Clerk, City of Newport Beach
City of Orange
Mayor Date Approved
p�rov s.t Attest:
Clty A tt6m ey,Ci of Oran, City Clerk,City nge
City of Placentia
Mayor Date Approved
Approved as to form: Attest:
6-x�'g- -- du,4�jmal W,
City Attorney,City of Placentia City Clerk,City of Pl centia
City of San Clemente
Mayor Date Approved
Approved as to form: Attest:
qty ttome °City of San Clemente City C k,City of San Clemente
City of San Juan Capistrano
.r
ayor - Date Approved
Approved to form: Attest:
City A orney,City of San Juan Capistrano lcric. Cit fSddJuan
Capistrano
19
City" Ana
Mayor Date X'pP-rov& ,=
Approved as to form: Attest:
City Attorney,City of Santa Ana AYCICrk,City of Santa An
City of Seal Beach
V.
3' L �7 g�
Mayor Date Approv
Approved as to form: ne
City Attorney,City of Seal Beach pity Clerk,City of Seal Beach
City of S ton
May 14, 1996
Mayor Date Approved
Approved as to form: Attest:
-07 -0/ D
City Attorney,City of Stanton 4cfe—rk,rStanton
20
f
1-
City of Tustin
`c 0V I(2Z —2 - 4��-�
7Co
.• Ar Date Approved
Approved as to form: Attest:
2'. WT-t� --fi "
City Attorney,City Wr#tv City lcrk, City of m
City,oLViIIA Park
ayor Datc pproved'
Approve/ato orm: Attest:
City ,orney,City of la ark City Clerk, City of Villa Park
City of West inster
7 io 97
L/Mayor Date Approve
ed to form: Attest:
City A tome, City of Westminster City C! rk,City of Wcs Ater
2I
Foothill / Eastern Transportation Corridor Agency
v- C CP' l �-�.-
}r,,� Date Approved
Approved as to form: Attest:
qU
Legal Counsel Clerk of the and
Pam+. s�_-c
San Joaquin Mills Transportation Corridor Agency
' 1 1 7,y'1 4�
Date Approved
Approved as to form: Attest:
Legal Counsel of tho3oard
AL s+-Sec mfo-rj
County Sanitation Districts of Orange County
Nos. 1,2,3,5,6,7,11,13 nd 14
I r
s of ' ec Date Approved
Appr ed as to form: Attest:
I/,
/Iegal Counsel -ofzh oa�r�' [Crt;
22
i'
EXHIBIT I '
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor)as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Nionitoring regional,state and federal air quality plans and requirements
• Liaison with SLAG,SCAQNID and others on air quality issues
3. Orange County Input to SLAG Activities
• Regional Comprehensive Plan&Guide development and implementation
• Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plans/strategies as agreed by affected
officials
4. Intergovernmental coordination with public and private sectors
5. Legislative Review/Ourreach/lnterface on activities affecting member agencies
6. Regional Housing Needs Assessment
23
•L EXHIBIT II
MEMBER AGE`'CIES LISTING
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 Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Laguna Beach
City of Laguna Niguel
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
City of San Clemente
City of Szn Juan Capistrano
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
Foothill 1 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
A
CITY OF HUNTINGTON BEACH
i
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96-110
Council/Agency Meeting Held: &.1819 b
Deferred/Continued to:
wr'Approved ❑ Conditionally Approved ❑ Denied ,City Clerk's Sign re
Council Meeting Date: 05-20-96 Department ID Number: AD96-110
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael T. Uberuaga, City Admini /
PREPARED BY: Richard D. Barnard, Deputy City Administrator
SUBJECT: Approval of Joint Powers Agreement Establishing the Orange County
Council of Governments (OCCOG)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Should the City Council approve a Joint Powers Agreement which creates the Orange
County Council of Governments?
Funding Source:
N/A
Recommended Action:
Approve the Joint Powers Agreement establishing the Orange County Council of
Governments (OCCOG) and authorize the Mayor to execute the Agreement.
Alternative Action(s):
1. Not to approve the Joint Powers Agreement establishing the Orange County Council of
Governments (OCCOG).
Analysis:
During the past year, a number of activities have been occurring in Orange County to
explore mechanisms for the increased coordination among governmental agencies, with a
goal of improving the efficiency and effectiveness of local government countywide and within
the Southern California area. Since the county of Orange filed for bankruptcy under Chapter
9 of the United States Bankruptcy Code, Orange County cities have assumed a lead role in
0018603.01 -2- F`-3 05/29/96 11:27 AM
QUEST FOR COUNCIL ACTION
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96-110
developing solutions to assist county government to recover. Cities, which represent 94
percent of the population of Orange County,were also quick to develop mechanisms
addressing issues related to governmental restructuring, privatization of services, sale of
county assets, and a county charter.
Interwoven through many of these activities has been the idea that a Council of
Governments could provide a single forum at which cities and other agencies could discuss
i::sues of mutual concern, build consensus, and pursue innovative and effective solutions to
matters that are of countywide concern. On September 14, 1995, the Orange County
Division of the League of California Cities adopted a report from its Restructuring
Supercommittee, comprised of elected officials participating in three subcommittees to
examine issues of privatization, a county charter, and service delivery. A COG was
recommended by the Subcommittee on Service Delivery as a forum where continued
restructuring discussions could occur, and also as a potential entity for the delivery of
regional services should longer-term restructuring of the county actually occur. Regional
services were defined as those services that are not municipal in nature or specifically
assigned to county government as an implementing arm of federal and state government.
(As a follow-up to the recommendations of the Restructuring Supercommittee, the division's
Executive Steering Committee, in developing its annual Strategic Plan, recommended
adoption by full Division membership. In January 1996, the full Division membership took
action to adopt the recommendations of the Restructuring Supercommittee.)
In addition to the Supercommittee report and recommendations for a COG as a potential
longer-term service delivery entity, a City Manager's Regional Issues Task Force has been
regularly meeting since March 1995 to examine avenues for improved coordination of
regional activities within Orange County and the Southem California region. This group's
focus was different than that of the Restructuring Supercommittee. The City Manager's Task
Force looked to find ways to augment Orange County's standing among regional and sub-
regional entities that impact the development and implementation of regional policy issues in
Southern California. In May 1995, the Task Force issued a report to the President of the
O-ange County Division, recommending a COG as an entity to fulfill this role. The City
Managers, at that time, also recommended that a process for establishing a COG be
developed. In February 1996, the Task Force approved a proposal to form a COG
consistent with the materials provided as attachments to this RCA.
The primary responsibilities of the Orange County Council of Governments (OCCOG) can
be found within the ,Joint Powers Agreement itself, under Exhibit 1, which is included as
Attachment 1. Exhibit I outlines six (6) initial OCCOG responsibilities. These responsibilities
can be compared to existing Council of Governments responsibilities found in Attachment 4,
a Councils of Government Profile (Comparative Function Matrix).
Basic components of the proposal are included and address issues such as membership,
duties, funding and staffing. It should be noted here that the OCCOG proposal brings
together representatives into a single, voluntary, forum unlike any that exists in the state of
0018603.01 -3- 05/29/96 3:16 PM
6QUEST FOR COUNCIL ACTVN
MEETING DATE: 05-20-96 DEPARTMENT ID NUMBER: AD96-110
California. The OCCOG proposal also includes representatives from the private sector and
from universities as well as government entities so that issues discussed within the OCCOG
forum are thoroughly examined by a number of disciplines and perspectives, It is important
to note that the proposal to form the COG is unique in that the OCCOG would be the only
organization of this nature in the state of California to include single and special purpose
agencies, business and education.
On May 23, 1996 the City Council's Legislative Committee discussed the proposal to create
the Orange County Council of Governments and took action to forward the issue to City
Council with a recommendation of support.
Environmental Status:
NIA
Attachment(sl:
1. Copy of the recommended Joint Powers Agreement establishing the
Orange County Council of Governments
2. Resolution 1-96: Resolution of the Orange County Division, league of
California Cities, Supporting the Formation of an Orange County
Council of Governments (OCCOG)
3. Questions and Answers about an Orange County Council of
Govemments.
4. Summary of Typical COG Roles and Responsibilities.
5. Key Dates regarding the Development of the proposal to form the
Orange County Council of Governments.
6. A Primer on Council of Governments: Provides general information on
COG organizations and functions.
7. List of Cities who have considered as of May 29, 1996, proposal to
create the OCCOG, and which cities have taken action to either
support or oppose its creation.
8. Letter Dated May 14, 1996, from Christine Diemer,Executive Director
of the BIA/Orange County Chapter, raising issues with the OCCOG.
9. Letter Dated May 16, 1996, from the Orange County Division, League
of California Cities, addressed to Ken Frank, City Manager of Laguna
Beach, addressing issues raised by Christine Diemer, Executive
Director of the BIA/Orange County Chapter.
0013603.01 -4— 0=9d98 316 PM
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
(CITY OF HUNTINGTON BEACH)
This Agreement is made by and behveen the members listed on Exhibit
"A" hereto, hereinafter collectively or individually referred to as "Member
Agencies," as of the date reflected on Section 9.1, after approval by such
Member Agencies pursuant to Section 9.1 hereof, including the City of
Huntington Beach.
WHEREAS, Chapter 5 of Division 7 of Title 1 (commencing with Section
6500) of the California Govemmenf Code authorizes two (2) or more public
agencies to jointly exercise any power common to them, and
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, and
Member Agencies realize the urgent need for area-wide planning and
coordination in order to provide advice to public entities on a range of issues
that affect multiple interests, and
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 area-wide and regional basis through the establishment of an association of
governments, and
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, and
Member Agencies believe that an Orange County Council of
Governments is best suited to accomplish the preparation of subregional plan
1
71jr./Agree1occog/5/8/96
components mandated by state and federal law, conduct studies and projects
designed to improve and coordinate the common governmental responsibilities
and services on an area-wide and regional basis through the establishment of a
council of governments, and explore areas of intergovernmental cooperation and
coordination of government programs and provide recommendations and
solutions to problems of common and general concern.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligations of the parties as herein expressed, Member Agencies agree as
follows:
i
SECTION 1
ESTABLISHMENT
There is hereby created an organization known and denominated as the
Orange County Council of Governments (OCCOG) which shall be a public entity,
separate and apart 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.
SECTION 2
i
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform ail necessary functions to
fulfill the purposes of this Agreement. In addition to the specific functions
described in Exhibit "I" to 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;
2
71jr!IAg reeloccog1518196
d. Seek economies of scale whenever practical in the administration
of governmental services.
When authorized, OCCOG shall have the power in its own name to do
any of the following:
a. To exercise jointly the common powers of its members to manage
and administer any Implementation Agreement or program;
b. To make and enter into contracts;
C. To contract for the services of engineers, planners, financial
consultants and others and apart therefrom to employ such other
persons as it deems necessary;
d. To adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
e. To apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
f. To receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any government entity;
g. To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member interests to
achieve the OCCOG's objectives.'
SECTION 3
ORGANIZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this Agreement, or any addenda, amendment of,
supplement thereto, and which has not, pursuant to provisions hereof,
withdrawn from the OCCOG.
3
7/in/Ag reeloccog/5/8196
i
i
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors ("the Board") a
resolution adopted by its governing body. The Board shall review the
petition for membership and shall vote to approve or disapprove the
petition. If the petition is approved by a majority of the Board, the
petitioning entity shall become a member of the OCCOG.
The names and addresses of the member parties at any time shall be
shown on Exhibit B, 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 entity shall become effective ninety (90)
days after a resolution adopted by its governing body which authorizes
withdrawal is received by the OCCOG.
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the
successor in interest to the Orange County Regional Advisory and
Planning Council (RAPC).
SECTION 4
BOARD OF DIRECTORS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board of Directors.
Recognizing the provisions for formation in Section 9.1 of this Agreement,
the Board would ideally be composed of elected officials and ex-off icio
(non-voting) representatives of the following entities:
4
7/inlAg reeloccog/5096
E, n& No. of Voting
Members
Orange County Division, League of California Cities 1
County of Orange 1
Orange County Transportation Authority 9
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange County ISDOC/Water Agencies Representative 1
Orange County Cities Representative to AQMD 1
County of Orange Representative to AQMD 1
Orange County Delegates to SCAG 12
At-large Orange County Cities Member 1
Private Sector Representative (non-voting) 1
University Representative (non-voting) 1
Total Members 21 voting
2 non-voting
4.2 SCAG District Representatives
For OCCOG members who are appointed as SCAG District
Representatives, participation/membership in SCAG is not a prerequisite
for OCCOG membership. For SCAG District Representatives to OCCOG
who are not members of SCAG, OCCOG membership will be determined
by the jurisdiction(s) that constitute the SCAG District. This applies to
both City and County representatives.
4.3 AQMD Governing-Board Representatives
The AQMD representatives to OCCOG shall be the Orange County Cities
and the County of Orange representatives to the Governing Board of the
South Coast Air Quality Management District. Should the Cities AQMD
5
71jn1Agreeloccog1518196
k.r+
Governing Board position be vacant, the vacancy on OCCOG shall be
filled through the City Selection Process of the Orange County Division,
League of California Cities. Should the County's AQMD Governing Board
position be vacant, the vacancy on OCCOG shall be filled by the Orange
County Board of Supervisors.
4.4 Appointments by-Member Agencies
OCCOG representatives for the County of Orange (1 member), the
Orange County Transportation Authority (1 member), the Orange County
Transportation Corridor Agencies (1 member), and the Orange County
Sanitation Districts (1 member)will be appointed by these agencies'
governing boards.
The representative (1 member) from the Orange County Division, League
of California Cities will be appointed by that organization's Executive
Steering Committee.
The at-large representative of the Orange County Cities will be selected
annually by Orange County cities through the City Selection Committee.
The Independent Special Districts of Orange County (ISDOC)/water
agency representative will be determined by its Board of Directors.
4.5 Private Sector Representation
E
An ex-officio, non-voting representative from the private sector (as
determined by the OCCOG) will be determined by that private sector
entity.
6
Up/Agreeloccog/5096
4.6 University Representation
An ex-officio, non-voting representative from the major universities in
Orange County (UCI, CSUF and Chapman) will be selected from these
institutions. This representative will be rotated among these universities
on an annual basis, based on the above-listed order.
4.7 Terms/Removal
With the exception of the Cities at-large member (who is appointed
annually), and the university representative, Board Members serve at the
pleasure of the appointing entity.
4.8 Vacancies/Alternates
If a person who has been appointed as a director ceases to serve as a
member of the appointing entity, he/she shall no longer serve on the
OCCOG Board. The appointing entity is encouraged to fill vacancies as
expeditiously as possible to ensure representation on the voting Board of
Directors.
Each Board Member can designate an alternate, provided that said
alternate serves in a similar capacity in the entity as the Board Member
(i.e., elected officials for voting members). Alternate directors shall
i
receive all meeting notices and written material sent to directors and shall
have the right to participate and vote at meetings of the Board on the
absence of the director for whom the alternate director serves.
All provisions of law relating to conflicts of interest that apply to a director
shall apply to an alternate director.
7
Vjjn/Agreeloccogl5/8/96
4.9 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the
right to participate in Board discussions, and the right to place matters on
the agenda, but shall not be counted towards a quorum of the Board and
shall have no vote.
4,10 No Dual Representation
It is recognized that elected officials often represent various agencies by
serving on various boards, committees, etc. In instances where elected
officials represent more than one OCCOG Member Agency, the official
will choose one agency to represent. When an elected official is the sole
representative of an agency, the elected official shall represent that
agency on the OCCOG Board of Directors. Procedures for filling open
OCCOG member positions will follow those described in this Agreement,
Sections 4.2, 4.3 and 4.4.
4.11 Officers
Chair: The Chair of the Board shall be elected annually at the first regular
meeting of each calendar year. Any director may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually at the
first regular meeting of each calendar year, and have all the powers to act
in the place of the Chair in the Chair's absence.
4.12 Quorum
A majority of appointed voting directors shall constitute a quorum for
acting on the business of the Board. If such number of Board Members is
an even number, a majority shall be one more than half the number of
appointed directors to the Board.
8
7ljnlAg reeloccog151819B
kl) k1d
4.13 Meetin s
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.
4.14 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG
Board.
SECTION 5
STAFFING, FUNDING AND ADDITIONAL RESPONSIBILITIES
.5.1 Staffing
4
i
The League cf California Cities, Orange County Division, shall serve in a i
i
lead capacity in coordinating staff resources among member entities to
accomplish OCCOG work efforts and assignments. Member entities
recognize that OCCOG tasks will often benefit from "in-house" expertise,
thus will work to coordinate with individual member entities for the
provision of staff to assist in the completion of assigned tasks and to
minimize operational costs. Private sector contract assistance can be
managed by either OCCOG or the member agencies.
• 9
7rp/Ag reeloccog1518196
Support to OCCOG will be provided primarily through the following
structures:
a. Executive Management Committee (EMC): The EMC will be
comprised of executive directors of the Member Agencies as well as five
City Managers as appointed by the President of the Orange County City
Managers Association. The EMC will enable executive and management-
level review and discussion of issues under OCCOG's purview, and
provides a liaison between elected officials and technical staff on such
matters. The EMC will meet on a monthly basis in support of OCCOG's
activities and will provide policy-level recommendations to OCCOG
members.
b. Technical Advisory Committee (TAC): The TAC will be comprised
of staffs from the member agencies and will provide technical review of
regional activities per the direction of OCCOG andlor the EMC.
C. Private Sector Task Force (PSTF): The PSTF will provide private
sector input to OCCOG on air quality issues and on other issues under
OCCOG's purview where the OCCOG deems it appropriate for such
input.
d. Other Committees, as determined necessary and convened by
OCCOG, will provide assistance in meeting OCCOG objectives.
5.2 Funding
Funding for the Council's operation will be provided by monies provided
to Orange County from the Southern California Association of
Governments, member and/or non-member entity financial contributions,
10
71i nlAg reelo ccog/5/8/96
grants, and other sources authorized and approved by the OCCOG Board
of Directors.
5.3 Assignment of Additional Responsibilities
In addition to the initial OCCOG tasks identified in Exhibit "I", additional
responsibilities will be undertaken by OCCOG in accordance with the
following procedures:
a_ Requests to Examine Issues and Provide
Input/Recommendations: Requests from non-member and Member
Agencies may be made to OCCOG to examine activities and provide
recommendations. The OCCOG shalt assign the Executive Management
Committee the task of examining staffing/funding issues and providing
recommendations to OCCOG on how and whether it might choose to
pursue the request. In addition to considering potential staffing/funding
constraints, the EMC will also base its recommendations, and the
OCCOG shall consider, on whether the requestlissue has strong county-
wide support among OCCOG members and can reduce or eliminate
duplication, improve efficiencies and otherwise achieve county-wide
consensus and OCCOG objectives.
b. Assignment of Responsibilities to OCCOG: Should requests
from member andlor non-member agencies be made for the OCCOG to
assume responsibility for delivery of services, development of plans,
programs or similar activities, the OCCOG would assume said
responsibilities upon a 213 vote of its Board of Directors, with concurrence
of the affected agency(ies).
11
7fl n/Agree/occog/5/8/96
SECTION 6
FINANCES
6.1 Budget
Prior to July 1 st of each fiscal year, the Board shall adopt a preliminary
budget. Prior to September 1 st of each fiscal year, the Board shall adopt
a final budget.
6.2. Designation of Treasurer and Auditor
The Board of Directors shall, in accordance with applicable law, designate
a Treasurer and Auditor for the OCCOG. The Treasurer shall have
charge of the depositing and custody of all funds held by the OCCOG.
The Treasurer shall perform such other duties as may be imposed by
provisions of applicable law, including those duties described in Section
6505.5 of the Government Code and such duties as may be required by
the Board. The Auditor shall perform such functions as may be required
by provisions of applicable law, this Agreement and any OCCOG bylaws
and the direction of the Board.
6.3 Obligations of the OCCOG
The debts, liabilities and obligations of the OCCOG shall be the debts,
liabilities or obligations of the OCCOG alone. No member of the OCCOG
shall be responsible, directly or indirectly, for any obligation, debt or
liability of the OCCOG, whatsoever.
6.4 Control and Investment of Council Funds
The Board shall adopt a policy for the control and investment of its funds
and shall require strict compliance with such policy. The policy shall
comply, in all respects, with all provisions of applicable law.
12
7/jn/Agree/occcg/5/8/96
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and properties and make disbursements as
agreed to by its members. The appointed entity shall invest OCCOG
funds in accordance with the general law. All interest collected on
OCCOG funds shall be accounted for and posted to the account of said
funds.
6.6 Accounts and Re orts
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 Stale 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
7.1 Hold Harmless and Indemnity
Each party hereto agrees to indemnify and hold the other parties
harmless from all liability for damage, actual or alleged, to persons or
property arising out of or resulting from negligent acts or omissions of the
indemnifying party or its employees.
7.2 Liability
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
13
71jNAgreeloccog1518196
to the service to OCCOG described in Section 5.1. OCCOG and its
members will indemnify and hold the members harmless from any
obligations, costs, claims,judgments, attorneys fees, and/or attachments
in any way connected with the services provided to OCCOG under this
Agreement.
SECTION 8
TERMINATION AND DISSOLUTION
8.1 Termination
The OCCOG shall continue to exercise the joint powers herein until the
termination of this Agreement and any extension thereof or until the
parties shall have mutually rescinded this Agreement; providing, however,
that the OCCOG and this Agreement shall continue to exist for the
purposes of disposing of all claims, distribution of assets and all other
functions necessary to conclude the affairs of the OCCOG. Termination
shall be accomplished by a majority action of the Board.
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 of 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 of the County of
14 -
Vj n1Ag reeloccog1518196
Orange in Orange County representing over 50 percent of the County's
population.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as evidenced by the signatures below.
ORANGE COUNTY COUNCIL OF GOVERNMENTS €
DATED: By:
(Print Name)
CITY OF HUNTINGTON BEACH
DATED: L-7-1 Lq 6 By:
Mayor (Print Name)-bAV€. Sulljv,+a
ATTEST:
DATED: 01/ By:
City Clerk (Print Name)
CONNf£• �RocCW/�`�
REVIEWED AND APPROVED:
City Administrator
APPROVED AS TO FORM:
C� torney
15 `
71j n1Ag reeloc.og1518196
F
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On /tea before me,
Date Name and Teb d OR—*e p..'Jans Doe.Notary Pudc7
personally appeared
fumes)d SV*r(s) ,
efersonally known to me " to be the person(sl
whose nameW Ware subscribed to the within instrument
and acknowledged to me that#te�they executed the
at YSPICE L iew ".14 same in hisA"i their authorized ca aci ies and that b
' tvctar/At Sc—Cafrtpr.d� f +4*e-Wtheir signatureW on the instrument the personw,
ORANGE COUNTy or the entity upon behalf of which the person(s) acted,
by Comm.ExPi;os MAY t t.1447 executed the instrument.
WITNESS my hand and official sea[.
61 • svwtur of Nolary Puck
OPTIONAL
Though the information below is not required by law,it may prove va.'uable to persons relying on the document and could prevent
fraudulent removal and reattachment of b'fis form to another document.
Description of Attached Document
Title or Type of Document: Yt4r.►t �,9�c.K/1e. 3 c_ .�,! �
6�r��
Document Date: GZr7�9 6 Number of Pages:�15 _
Signer(s) Other Than Named Above, 71
Capacity(les) Claimed by Signer(s)
nn
Signer's Name: .ba 1--c Signer's Name: ,
❑ Individual ❑ Individual
❑ Corporate Officer C Corporate Officer
Tftle(s): Title(s):
❑ Partner—❑ Limited ❑General G Partner—❑Limited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
O uardian or Conservator - ❑ uardian or-Conservator -t
►'other: Top o1 thumb here �ther Top of murnd)+eye
Signer Is Representing: Signer Is Representing:
J
0 193z Nakxmi Notary Assaiawn•RM Rama*Avg..P.O.afore 7184•Carxtpa Pak.CA 91 3119-71 ea Prod.No.5907 Reorder.Cal To4Tme 1•000-676-6W
EXHIBIT I
INITIAL OCCOG RESPONSIBILITIES
1. Demographic activities in conjunction with California State University(or
successor)as described in attached Memorandum of Understanding
2. Air Quality Activities
• Input to development of Transportation Control Measures for Air Quality
Management Plans. Market incentive plans and technologies promotion and
implementation.
• Monitoring regional,state and federal air quality plans and requirements
• Liaison with SCAG,SCAQIVID and others on air quality issues
3. Orange County Input to SCAG Activities
• Regional Comprehensive Plan&Guide development and implementation
• Input to development of long-range transportation plans prepared by
transportation commissions
• Preparation of other long-range plans/strategies as agreed by affected ,
officials
4. Intergovernmental coordination with public and private sectors
5. Legislative Review/Outreachllnterface on activities affecting member agencies
6. Regional Housing Needs Assessment
1
Attachment 2
� v
Resolution 1.96
Resolution of the
Orange County Division. League of California Cities.
Supporting the Formation of an
Orange County Council of Governments
Whereas. the public interest reyutrm that Orange County zwes Lnd pubiic
meet in i public forur.n to exchanee idea and share iniormatton -in issues it reYtcr:ai
,uorcizional sti nitieanee. and
Whereas. in 1991. Orange County formed the Regional Planning and Ad%awn.
C..Nuncd i RAP0 to provide a forum to focus on regional issues: and
Whereas. to 1993. the R.APC was reconfigured to provide a better nevus bet%Lern i s
members aid the regional issues it addresses: and
Whereas. in response to the Orange County ban3wptcy and the County of Orartgt
reducing tit role in regional issues.the Orange County City Managers' Assoctauon convened a
task force to develop a process for the roost effetuve means of comprehensively .tddresimi
regional pla mnng:and
Wkerres, the Task Force. after reviewing vaious models for addressing regional
planning issues. have recommended the development of a Council of Governments to provide
a forum for addressing regional planning issues: and
Whrrm, concurrently.a Remucturing Supercomminee convened by Orange Countv
cities to study the delivery of regional services also identified a Council of Governments as an '
enury needed to discuss and possibly implement funu+e restrucarng recommendations:and
wkeres& the formation of an Orange County Council of Governments wtll provide
Orange County with a a n for its public agencies to exchange ides: and information.conduct
studies and proms to improve common goventmeat msponsibIties.build consensus among
members on R u d subregional issues.advocate Orange County interests at the regional.
stam and feders�leveL and assist is cootd numl subregional pEutninn=efforts:and
Nosy, Tkrr+f*M Be It Xesohe4 that the Gunge County Division. League of
California Cides stipporo the formation of an Orange County Council of Governments to
provide a formal forum for Orange County public agencies on regional planning activities and
issues.
Be It Further Resolved. -n.: 1 I .if:c ?:+e';
Ourit art Aver Lff C:4
Passed and adopted. ="=
L.«rirn C%;••K �t H�rnru�K.c
Pr-i;.!ent Ch ur. fUseiut,:ns C_rrr imt
C' nc:l Member C.utc:i }terntrr
Cm, .;t Fountyn Valley C.t,. .)(Costa Mesa
tenet Huston
Exccuu--c Dimccor
I
i
1
I
I
I
i
i1
i
� S
Attachment 3
QUESTIONS AND ANSWERS ABOUT AN:
ORANGE COUNTY COUNCIL OF GOVERNMENTS
The following questions and answers reflect a range of topics commonly raised during
discussions about the convening of a Council of Governments.
Q. What is the purpose of the Orange County Council of Governments?
A. The purpose of the organization is to unify Orange County so that it can speak with
a collective voice on important subregional and regional issues. Working together
and sharing resources is cost-effective by reducing duplication of effort, and the
consensus achieved by member entities will allow Orange County to more
effectively advocate its positions and augment its standing within the region. The
recommended Council, which will be comprised of members representing local
jurisdictions and special districts and agencies in Orange County,will provide
Orange County's only mechanism for the collective examination of issues that are
subregional or regional in nature and transcend individual political boundaries.
Q. Will a Council of Governments be another layer of government?
A. No. The Orange County Council of Governments will formalize activities currently
performed by the Orange County Regional Advisory and Planning Council
(RAPC), which has existed since 1991. The Council's activities would not require
new staff, and instead will tap existing staff resources from member entities. No
membership dues will be required of member agencies.
Q. With RAPC in place,why is there a need for a Council of Governments?
A. RAPC is an informal body created in 1991 as an evolutionary step towards a
Council of Governments. While RAPC has performed admirably,recent activities
in Orange County resulting from the bankruptcy have required that local
jurisdictions and agencies re-examine traditional roles and responsibilities. Times
have changed in Orange County,and now more than ever the need exists for a
formal,representative organization to be operational and be capable of conducting
studies,building consensus,formulating recommendations and advocating
positions for the benefit of Orange County collectively.
Q. What types of issues will the Council of Governments deal with?
A. Generally, the Council will ultimately address those issues that its members
collectively decide to address. Initially,functions will include issues such as air
quality attainment strategies,providing subregional input to the Southern California
Association of Governments in its development of mandated regional plans,review
of selected legislation pertaining to regional/subregional issues, liaison with the
private sector,performing regional housing needs assessments and developing
demographic data for use by members on a range of studies and planning activities.
Q. Will these activities duplicate the activities being performed elsewhere in Orange
County?
A. No. These recommended activities are not being performed by any other agency
representing the collective interests of Orange County's cities,county and special
purpose agencies. Focusing these issues in one forum with diverse representation
will strengthen Orange County's voice in the region and state.
Q. Will Council members be paid?
A. No.
Q. Will a majority of the Council's members have the ability to compel one or more of
its members to comply with the wishes of the rest of the group?
A. No. The Council of Governments will conduct studies, make recommendations
and advocate the implementation of those recommendations. The Council will
serve as a resource for and not a barrier to member entities,and will have no power
or ability to force any member entity to implement any recommendations.
Q. How will the administration and operation of the Council be paid for?
A. Through funds made available to the Orange County subregion from SCAG, staff
provided by the member agencies, grants sought by the organization and other
means determined by the Council's Board of Directors. No membership dues will
be required.
Q. How can member entities be sure the Council will not"run amuck?"
A. The activities of the organization will be directed by the Board of Directors, and
limited to those that the Board authorizes. The Council will have no independent
staff; staff resources to complete projects will often be provided by the member
entities or through consultant services for specific projects.
Q. What about accountability to the voters?
A. The proposed COG activities are not the responsibility of any one entity in Orange
County, but need to be accomplished cooperatively among several interests.
Constituents look first to their City Council Members to respond to issues involving
local government,including the kinds of activities the COG will perform. City
representation on this forum will provide valuable information with which to
respond to constituent requests. The COG will be established as a consensus-
building mechansim that requires coordination among a number of local
government agencies and entities, and participation from a broad rather than narrow
spectrum of interests is in the best interests of the public. Also, the COG will be
subject to the provisions of the Brown Act; all meetings will be publicly noticed and
participation and input will be encouraged.
Q. Will the Council have the potential to save money?
A. Yes. A primary goal of the COG is to work harder with existing resources to
consolidate,collaborate and find new ways to do needed activities for less and
eliminate duplication of effort. It is beneficial for member agencies to conduct joint
studies on various topics. It is often more efficient and effective to conduct one
study for a number of entities than it is to conduct duplicative studies for individual
entities. Information and idea sharing among member entities is certain to reduce
duplication as well. The proposed transition of demographics activities from the
County of Orange to California State University Fullerton,a proposal developed
through RAPC,udll reduce the costs for performing these activities from$800,000
to $325,000.
Q. Won't the Council's membership be unwieldy and burdensome?
A. No. The proposed configuration of the Council.while not finalized,will likely be
similar to that of the existing 21-member RAPC Board. A survey of similar entities
statewide found that the size of governing boards to range from 12 to 38.
The RAPC process and structure has allowed for timely review,discussion and
increasing coordination of regional planning and policy issues by both its governing
board and its technical support committees.
Q. Will there be an ongoing review process to ensure the Council is fulfilling its
mission?
A. Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a
review of the Council's activities by individual member entity staff and by the
Council's Board of Directors.
Q. What will the COG's relationship be to the Orange County Division,League of
California Cities?
A. The Division will continue to fulfill its role as an arm of the State League to its
Orange County members. The COG will augment Cities'abilities to coordinate
with other county entities on issues of mutual concern,just as it will augment
entities' abilities to coordinate with Orange County Cities and the League. It is
important that the League continue to function autonomously so that City interests
are advocated.
46
Orange CountyCouncil of Governments
"From Resolution to Resolved"
COMMON QUESTIONS & ANSWERS
♦ A duplicative layer of government?
No. A COG would formalize activities now performed by the Regional Advisoq and Planning �
Council. No new staff will be required. No membership illWS will be soq ht.
♦ Will local authority be pre-empted 1 usurped?
No. A COG will conduct studies, make recommendations and advocate the implementation qftliost-
recomrnendations. A COG zvoultl have no power to force implementation t f its recommendations.
♦ Will COG membership be unwieldy and burdensome?
No. While not finalized, the config:!ration will likely be similar to they existing 21-rt1ember R'APC
board. COG membership throughout the state ranges froln 12 to 38.
♦ Is there a potential to save taxpayer dollars?
Yes. Cooperation among agencies can residt in consolidalhkg t fforts on issues t f ututual concern. Vtr
demographic transition to CSUF, realizing annual savings t f$5UU,000, serves as an t:x-ample t f ioltal ,t
COG can cooperatively achieve.
♦ How will the COG relate to the O.C. Division of the League of Cities?
The COG will atrgine nt Cilies' ottiretielilei)orrlirrrttit)n With 01l10- ccatlrtt y e'ulrth S, jUst tis it Will
augment entities" oidreach/coonlinatiolr With the O.C. Cities and tlrc' Lefk lre.
Orange County Council of Governments
"From Resolution to Resolved" coo
FORMALIZATION
♦ How does the OCCOG become formalized? C'
1. Majority of O.C. Cities with majority of populatic)it
2. Agencies/entities at their discretion
Councils of Govemment Profile
Comparative Function Matrix
Functions SACOG SANDAL ABAG COFCG SHAG WRCOG SUCAG SANnAG AMISAG CVACP OCCOG
Airport Land Use Plannin oordlnatlon ✓ ✓
Airport and Corridor Studies ✓
ALUC ✓ ✓ ✓ ✓
AQ Ana sis ✓
AQ Conformity ✓ ✓ ✓ __ .� IC
AQ Pn ./Modelln Conformit ✓ ✓ ✓ ✓ ✓ ✓ -
Areawide Clear house ✓ ✓ ✓ ✓ ✓ ✓ r �/
Areawide Plannin ✓
Census ✓ ✓ ✓
Circulation /Transit Needs ✓
Commuter Rail Coalition ✓ __ _
Congestion M mt ✓ ✓ ✓ ✓ ✓ ✓ ^_✓
Coordination of Airport Plannin ✓ _
Corridor Studies ✓ ✓ ✓ ✓ _
Database Development _ ✓ r --�
Demo ra hle Data ✓
Env.Review ✓ ✓ ✓ ✓ ✓ ✓ ✓ Y�✓
EnvAand Use M mt. ✓ _ _ _
Environmental Plannin ✓ _ .,�
Financlal. Ins.Ws.Com . Svcs. to Memb ✓
GG ✓ ✓ �.'
Grant Review --- - ✓ -
Growth Im act AnatysI3 ✓
Inte ra ed Waste M mt. Task Force ✓ �*
Inter ov. Rel ! P m M mt ✓ -
Lead A2y. Reg. Criminal Justice Png. ✓ _ _��
Long Range Met.Trans. Png. ✓ ✓ ✓ ✓
MP4 ✓ ✓ ✓ ✓ ✓ ✓ — ,r,
Modelln Forecasting ✓ ✓ ✓ ✓ ✓ --✓ ✓ —V
Planning Su n 1 Technical Assistance ✓ ✓ ✓
j0p2n S ace 1 Habitat Preservation ✓ ✓
Dann �
[)range County Council of Governments � -
"From Resolution to Resolved"
CHRONOLOGY OF KEY DATES
March 1, 1995: OCCMA appoints Regional Issues Task Force
April 20, 1995: COG formation discussed in RAPC reconfiguration report C
April - Present: COG updates provided monthly to RAPC and EMC
May 11, 1995: COG/MPO presentation provided to O.C. Division Membership
May 22, 1995: Reg. Issues Task Force recommends process be developed to establish COGr
June 29, 1995: Task Force and Planning Directors develop list of regional activities
July 27, 1995: Executive Steering Committee adopts Task Force recommendations
August 14, 1995: Division's Restructuring Supercommittee recommends formation of COG
August 17, 1995: Division staff provides COG briefing to RAPC
October 4, 1995: Regional Issues Task Force recommends formation of a COG C .
October 4, 1995: OCCMA endorses Regional Issues Task Force recommendation
October 26, 1995: Executive Steering Committee approves COG proposal, sponsors resolution loprr
November 9, 1995: COG resolution introduced at Resolutions Committee a
January 11, 1996: O.C. Division adopts 1996 Strategic Plan, identifies COG as core strategy rr
Ln
January 11, 1996: O.C. Division adopts COG resolution
March, 1996: Draft JPA being developed
Attachment 6
A Primer on
Councils of Government
'lie following background examines the basics of forming a COG,and provides a general overview of
organ izational and functional considerations.
Definition: COGS are essentially voluntary associations that represent member local governments, mainly cities
and counties,that seek to provide cooperative planning,coordination,and technical assistance on issues of mutual
concern that cross jurisdictional lines. In this sense,COGS serve to develop consensus on many municipal issues
that r.red to be addressed in a subtrgional or regional context. If properly structured. COG duties complement
and do not duplicate jurisdictional activities,and serve to unify jurisdictions and agencies on matters of mutual
concern,but independent of the responsibilities traditionally exercised by the individual members within their own
communities.
Jurisc5cdons typically agree to form COGS following discussion and negotiation on common goals and objectives.
which is usually consummated by execution of a Joint Powers Agreement(RA). In most cases.adoption of a
IPA is specifically authorized by state law.In the case of California,JPA authority is granted under Section 6500
et.sal.of the Government Code.
Structure: Most COGS in California display common organizational characteristics.These include voting
meml.ership by participating jurisdictions through an Executive Comrrd me or Board of Directors. Representation
can bt along the lines of"one member-one vote,"weighted differentially based on population or other growth-
relate3 parameters,or otherwise determined based on agency/membership mpresentation and/or affiliation.
Ckher common features of COGS include an Executive Director and independent staff.and a variety of policy
committees and support task forces or groups which focus on specific issues of concern. Most COGS engage in
consitkrable coordination with member local governments,as well as other special purpose regional.state and
federi agencies.To support this intergovernmental coordination COGS typically enter into Memorandums of
Understanding(MOUs)with affected agencies.
Statutory and Fiscal Incentives: A major factor in understanding the rationale behind COGS pertains to the
legal and fiscal context in which they developed Councils of Government came into prominence during the
19Ws after a series of Congressional mandates promoted areawide planning and coordination.This began fret in
the transportation area,but was soon followed by a regional approach to such issues as air avid water quality,
waste management.housing and community development and growth forecasts.
These mandates were typically mirrored by supporting state statutes,and carried with them substantial funding
support.COGS were supported by federal and state grant funds designed to target specific goals,but frequently
also k aving COGS with some discretion on how such money might best be allocated.Today most COGS,
particularly in larger urban or metropolitan areas,are still largely dependent on funding from state and federal
sources. An example of this is the considerable mount of money that was made available for transportation and
air qu:iity planning under the Intammdal and Surface Trsnsportamm Efficiency Act of 1991 (ISTEA),which
accou its for a majority of planning funds utilized by COGS.
COG Functions: COG responsibilities are wide-ranging,but in all cases are determined by its member
jurisdictions and agencies. Activities common to many COGS include regional review of environmentally
signifi mnt projects per CEQA;air quality planning,area widc clearinghouse for review of federal financial
assistance;regional housing needs assessment,haurdo s and solid waste management;demographic projections;
grow(I management analysis and development of subregionat strategies;review of local general plan amendments;
areaw:de water quality planning;transportation planning,modeling and programming;and general planning
suppon and technical assistance as directed by member agencies.
Attachment 7
STATUS OF COG JPA ADOPTION
1996
As of 5129?96
JPA
Aeencv Agendized Date Adopted Population
Anaheim Yes 296,497
Brea Yes 4/30/96 Yes 350122
Buena Park Yes 5/6/96 Yes 72,898
Costa Mesa Yes 5/20/96 Yes 1039823
Cypress Yes 5/13/96 Yes 45,993
Dana Point Yes 5/14/96 Yes 369289
Fountain Valley Yes 5/7/96 Yes 54,971
Fullerton Yes 5/21/96 Yes 121,456
Garden Grove 148,000
Huntington Beach Yes 6/3/96 189,159
Irvine Yes 4/23/96 Yes 123,909
La Habra Yes 6/6/96 54,907
La Palma Yes 517/96 Yes 15,682
Laguna Beach Yes 5/21/96 Yes 23,944
Laguna Hills 25,360
Laguna Niguel 55,724
Lake Forest Yes 5121/96 Yes 58,498
Los Alamitos Yes 4/22/96 Yes 12,151
Mission Viejo Yes 4/22/96 Yes 869154
Newport jBeach Yes 5/13/96 Yes 69,301
Orange Yes 5/28/96 Yes 120,000
Placentia Yes 5/7/96 Yes 45,339
San Clemente Yes 5/15/96 Yes 469764
San Juan Capistrano Yes 6/4/96 29,121
Santa Ana Yes 6/3/96 310,417
Seal Beach Yes 6/11/96 26,053
Stanton Yes 5/14/96 Yes 32,229
Tustin Yes 5/20/96 Yes 62,497
Villa Park 6,434
Westminster Yes 5/28/96 Yes 81,601
Yorba Linda Yes 58,100
#of Cities Agendized 27 2,212,875
#of Cities That Have Approved COG JPA 20 1,248,621
(72,079)
Total #Needed 16 cities 1,320,700
Total County Population 2,641,400
I
..a � :.u.,r.+ s..µ,rti,• fin s
ATTACHMENT 8
wan9e county chapter
bAding hdustry a5sodatian d smthnn celifor niv.Inc
9 Executive Circle, Suite 100. Irvine, CA 92714
(714) 553-9500 FAX (714) 553-9507
May 14, 1996
Michael T. Uberuaga, City Administrator
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
RE: City Council Action Item Regarding Formation of an Orange
County COG
Dear Mr. Uberuaga:
This letter is in response to the League of Cities' Janet Huston
May 10, 1996 memo concerning the BIA and activities related to
consideration of the COG at upcoming city council hearings.
We believe Ms. Huston's memo is illustration of our concern - there
is a lack of or failure of communication regarding the League Ia
proposal to create a COG. Contrary to Ms. Huston's conclusion, BIA
neither supports n6r opposes the COG, rather, the SIA does not have
sufficient information concerning the COG and would like to be "in
the loop" on such an Important structural-change i'n^Orange County
Government.
BIA/OC would like to better understand the COG and-the way it will
impact the business of producing housing. Ye have consistently
expressed our interest in being involved with the creation and
implementation of restructuring discussions where land-�use
decisions will be impacted. Unfortunately, we only just received
a copy of the JPA and will be meeting with Janet^Huston on May 20,
1996 to participate in our first review-of the-nature and `scope of
the COG. BIA%OC has never been invited to a presentation
concerning the proposed COG. We therefore request of.-ail cities
considering the COG proposal, a deferral of any action -on the COG.
We would hope that the cities of Orange County who have a long
history of working with. stakeholders like- BIA, will raise,
understand and resolve private sector concerns wlth'-pub21c policy
issues, and want to know the opinions of •our-industry before acting
on creation of the new government structure.
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We would like an opportunity to work with you and the League of
Cities to understand the proposed change in regional governance.
Certainly, our builder, developer and landowner members will be
affected by COG actions. The COG may also impact positively- or
negatively housing and employment fotecasts, review of project
EIRs, and transportation policies. In other words, we look forward
to learning more about the pros and cons of the COG proposal.
Further, we request that your Council urge the League of Cities to
reach out to other business representatives in the private sector
and explore the impact of the COG. Like our industry, there may be
other non-government constituencies that may not know about the COG
proposal, and may stand to gain or lose significantly from the
manner in which regional issues such as demographics,
infrastructure planning, and air quality planning are performed.
There are also several substantive and timing issues to--be
addressed with regard - to the COG proposal - and the--Joint Powers
Agreement:
* Would an Orange County COG eventually replace the current
ties to SCAG? How would a COG relate to SCAG now and the
future? Would a COG also seek a Metropolitan Planning
Organization designation, which has impacts on
infrastructure and regional planning funding?
* How would the Council of Governments sustain itself
financially over the long haul? Will subsidies from the
Southern California Association of Governments be
sufficient to cover regional planning needs for the
foreseeable future, especially given SCAG's current
budget-cutting efforts? would an Orange County COG
always .be dependent on SCAG? If not, will grants be
available to accomplish necessary regional planning and
coordination functions? Is a funding contingency, such
es membership fees, in place?
* What if a Council of Governments does not include all of
the governmental entities that play a -role in regional
planning within the County? We may be concerned that
planning for important regional issues may become more,
not less complicated; that a COG will become an added
layer of government; and that COG recommendations may not
be representative of the full spectrum of County
interests yet appear to be so to outside agencies such as
SLAG,
* How and when would the proposed public sector and
university representatives be selected? Does the COG
proposal assure that ex-officio private sector and
university delegates would be involved in the preparation
of By-Yaws and other early and important actions that a '
COG would undertake? This raises mn'overarching issue of
the proposed COG's accountability to the general public:.
5- 15--1996 2:05AH FROM '
• r I
Thank you for your consideration of our concerns. We hope you
agree that these issues warrant a stronger public/private consensus
to meet the needs of cities, the County and the private sector.
Sincerely,
au��
Christine Diemer
Executive Director/
Director of Government Affairs
cc: BIA/OC Board of Directors and Past Presidents
Janet Huston, Executive Director, OC League of Cities
Laurann Cook, President, OC League of Cities
ATTACHMENT. 9
wr.%dJT 1A%T+ 1\A Ri:l Li.;aR-w Stilt Sit IA%T4L A%A CALI►*A%j,%4!`r,j
T:.EPifrr�p -era.��;•R.-i ,a[ "1: V*• Stan
May 16, 1996
Mr. Ken Frank
City Manager
Ci�y of Laguna Beach
SOS Forest Avenue
MKl.t iLaguna Beath,California 92651
hl i<\�PtRA
Dear Ken:
1:1:'RFii '
p%%% As you requested,this Ietter is to respond to issues raised by Christine Dierncr,
Fol WAIN A UJ 11' Executive Director of the BIAfOrange County Chapter,in her correspondence of May
tt-u.E.RTnx 14, 1996,regarding the Orange County Council of Governments(OCCOG). I'll tint
rttiuz• :kAl►c i provide answers to the bullet points on page 2 of her letter and then give a brief
HL�T11�Ti).r kEVII summary of the extensive discussions and outreach activities which preceded current
ant!.NE events. You will want to know that as of the writing of this letter.fourteen(14)cities
1A HANRA have adopted the Joint Powers Agreernent(JPA).all of them by unanimous vote.
L%MALMA
I.A';L•\A BEACH Would an Orange County COG eventually replace the current ties to
u.-t:,A HJUS SCAG? How would a COG relate to SCAG now and the future? World
to ;LEA�iccEL a COG also seek a Metropolitan Planning Organization(MPO)
t.sk:t MUST designation,which has Impacts on Infrastructure and regional planning
L0i ALAAffM funding?
'41EWPORT MCd Orange County is the only sub-region within SCAG that does not have a
ONVNGE COG. SCAG prefers working with formal sub-regional organizations because
rLkCL%nA COG's strengthen local input and relieve SCAG of the burden of mediating
sAv O."L Te any locally based disputes. SCAG has strongly encouraged and supported this
SAN jCV1 CAP15-MV40 proposal. While it is difficult for anyone to predict how agencies will be
KAYTA A.%A interacting over the course of the next several years,the COG has been
SEu,0E.ACH designed to have the flexibility to respond to change.
ST WMIN
vu;sr!N The short-and long-term roles of the COG are clearly defined in the JPA and
ctl1A PARK include the assumption of activities currently performed by the Regional
xf.YTxLrsTER Advisory and PIanning Council(RAPC)and the establishment of a forum for
It RVA LSYDA consiensus-building on other issues as identified and agreed to by the COG
tnembeaWp. In develo ing the COG proposal,the City Managers'Task
Force recognized that MPO designarion/withdrawal from SCAG arc complex
Issues,and,if discussed,will require input from a number of interests. This
issue was also discussed by the Division's Restructuring Super Committee.
Specifically,the City Managers and the Super Committee concluded that
formation of the COG does not preclude any of the numerous potential
"restructuring"scenarios pertaining to the MPO and SCAG.
How would the Council of Governments sustain Itself financially over the
long haul? Will subsidies from SCAG be sufficient to cover regional
g needs[or the foreseeable future,especially given SCAG's
budget-cutting efforts? Would an Omnge County COG Always
be dependent upon SCAG? If not,will grants be available to accomplish
necessary regional planning and coordination functions? Is a funding
contingency,such as membership fees,in place?
i
1,10 DENT.t.iaraaa Cap►_t"Mil#A—4t.City of F"man Valky:FIRST V10E"IMDENY`.WsUy twa.10yw.Chy d U fVPW
ltM)ND►ICe ell eUDENT:lk-W Arty.Maya+.City of LM:PAST PRESIDENT:Ck-t 1-4.Maya.Cay of watairgG
VIATE LEAGUE alliF.CTOR:1liwald Ira x Cera[A C01414ITiTiQ CHMRMAN:Mary Mc+wM.CNy of C+u MLa
447A R9PRCSEVTAnVE Tra**a..L.4A4rx►n.T.w,Cky of Laivaa M.pw4 Umunvil DIRECTOR.Janet M.mupAa
�./ Mr. Ken Frank
May 16. 1996
Page
2
Resources to support the COG will come predorrninarttly from two sources:
SCAG funding and the in-kind donation of staff services by the participating
agencies. This is the method by which RAPC activities have been sustained
since 1991. The City Managers'Task Force believed this to be an essential
component of the viability of the COG proposal—it uses existing funds and
staff.
Again,it is difficult to predict whether SCAG subsidies will be sufficient to
address these activities,just as it is difficult for you as a city manager to
predict whether property tax or sales tax revenues will always be sufficient to
cover your costs of providing services to the residents of Laguna Beach. The
fact remains that you must provide certain services and you make prudent
budget decisions with those realities in mind. The COG will do the sarne.
It is the competitive funding environment which is the most compelling reason
that Orange County needs its own COG and also why timing is critical. As
mentioned,Orange County is the only SCAG sub-region which does not have
a COG. This puts us at a disadvantage when competing against the other sub-
; regions who are not only more organized,but also arc formally recognized by
SCAG. SCAG is currently in budget development for the upcoming funding
cycle. Having the OCCOG will greatly assist our efforts to secure funding.
Another reason for transitioning from RAPC to a formal COG structure is that
it will allow us to access other sources of revenue such as grants. We believe
the COG would allow for Orange County to more pro-actively compete for
grants such as discretionary funds provided by the South Coast Air Quality
Management District. Since RAPC has no legal standing,it is not eligible to
seek or accept grants or other sources of revenues. +
The current COG proposal does not anticipate membership dues,nor does it
require membership in SCAG.
What if a Council of Governments does not include all of the
governmental entities that play a role in regional planning within the
County. We may be concerned that planning for Important regional
issues may become more,not less eomplkated;that a COG wiH become
an added layer of government;and that COG treconwxndadons may not
be re mentative of the fall spectnun of County interests yet appear so to
outside agencies such as SCAG.
The membership of the OCCOG is uni nue among the 25 COGs currently in
operation in the State in that it is the only COG which will include
representatioa from single purpose agencies.spocial districts,the private
sector and education as well as the cities and County. Other COGS are
primarily either city only or citylcotnity membership. This COG will be more
inclusive than any other structure in California and in most areas of the nation.
There will be more participation by a broader spectrum of local interests than
has ever been the case in Orange County.
ne COG is not another layer of government. It is a mechanism which will
ensure that decisions currently being made by SCAG on behalf of Orange
County interests(in the absence of the COG),will be made by Orange County
interests. This will enhance our ability to influence other regional activities.
such as development of Air Quality Management Plans. Additionally.the
i
J Mr. Ken Frank
May 16, 1996
Page 3
COG will be supported(as RAPC is now)by a technical advisory committee
of agency staff members (your city staff participates in this committee)and an
executive management committee composed of top management staff from
participating agencies(including five city managers and myself). There are
several opportunities for input and discussion built into the COG policy
development process.
How and when would the proposed public sector and university
representatives be selected? Does the COG proposal ensure that ex-
oflicio private sector and university delegates would be Involved in the
preparation of By-laws and other early and important actions that a
COG would undertake? This raises an overarching Issue of the proposed
COG's accountability to the general public.
We had originally suggested that the public sector representative be appointed
by the Orange County Business Council through whatever mechanism they
deemed most appropriate. At the Business Council's request,that suggestion
has been taken off the table. It is my understanding the Business Council is
undecided about what would be the most appropriate method for providing
their input on these issues. if the private sector community can achieve
consensus on a more suitable process I am certain the other COG members
would welcome the participation.
The university participant would be selected from among the three utaior
universities in the County;University of California at Irvine.California State
University at Fullerton and Chapman University. It is envisioned this position
would rotate among the three schools to allow broader participation. UCI and
Cal State Fullerton have already indicated their strong support. In fact,both
are currently very active in one of RAPC's most critical activities.
demographics projections. I have no doubt the university seat will be filled at
the first OCCOG meeting and that they will be involved in all early and
important actions.
The accountability to the general public is achieved by virtue of the 21 elected
officials who comprise the voting membership of the COG. These arc elected
officials who are directly accountable to their constituents for the orderly and
responsible management of regional planning issues. Additionally.the COG
will be subject to the provisions of the Brown Act;all meetings will be
publicly noticed and public input will be sought encouraged.
The inquiry into the development of an Orange County COG has been
underway for nearly a year. it has been discussed at every Division meeting,in every
newsletter and at every RAPC meeting for months. Division staff has made
presentations to more than 20 cities regarding the COG, the majority of which were
televised. The Transportation Corridor Agencies.the Orange County Business
Council and the Orange County League of Women Voters asked for and received
presentations on the COG proposal. We have briefed three of the five members of
the Board of Supervisors. The top executives of the Orange County Sanitation
Districts,the Orange County Water Districts,the Orange County Transportation
Authority,the Local Agency Formation Commission,the Metropolitan Water District
and the Orange County Business Council received a briefing in an informal
discussion group setting last winter.The mailing list for the full RAPC agenda(which
has,for at least the last three months,included all of the material which has been
transmitted to the cities regarding the COG)is extensive and includes the BWOC.
f
Mr. Ken Prank
May 16. 1996
Page 4
Finally,most germane to the $IVOC's concerns—the COG will not be
involved in specific land use issues. FIRs,etc. 'Those activities are outside of the
purview of COGs generally and are nowhere suggested in our!PA specifically.
Ken,I hope this, letter as a complement to the other materials you have
received in preparation for your City's action,answers any questions you or your
Council members may have. Plesse feel free to contact me if you need additional
information.
Sincerely,
P1 /-
�G
anetHustoa
Executive Director
cc: Orange County City Managers
Christine Diemcr,Executive Director.SIA/OC
ti
i
4