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HomeMy WebLinkAboutAGENDA REPORT 2001 1205 CC REG ITEM 11EITEM i Ci" 0� - - -- ACT'iI- 7?YDU� _._ MOORPARK CITY COUNCIL _ -- AGENDA REPORT TO: Honorable City Council FROM: Rim C. Chudoba, Senior Management Analyst I<& DATE: November 19, 2001 (CC Meeting of 12/5/01) SUBJECT: CONSIDER VENTURA COUNCIL OF GOVERNMENTS REORGANIZATION BACKGROUND On April 26, 2001, city and county representatives attended a workshop to determine the future of the Ventura Council of Governments (VCOG). Attendees voted to retain VCOG with some organizational changes. On June 28, 2001, VCOG hired a firm to conduct an organizational study. The consultant researched other COG functions and structures, and surveyed local policy makers. On October 25, 2001, 33 elected officials from 11 entities attended a forum to discuss the firm's recommendations. Councilmembers Mikos and Millhouse represented Moorpark. Attendees voted to forward "Model A" to the cities and county for consideration. On December 13, 2001, VCOG will vote on "Model A." If approved, the reorganization would take effect on January 1, 2002. DISCUSSION The key elements of "Model A" are highlighted below: 1. Hold quarterly VCOG meetings (January, April, July, and October). 2. Establish task force for legislative advocacy. 3. Serve as local task force for integrated waste management plan. j Honorable City Council November 19, 2001 Page 2 4. Act as lead agency for regional housing needs allocation. 5. Analyze pros and cons of seeking authority to establish and allocate regional housing needs with state funding. 6. Explore concept of obtaining grants and other revenue to acquire open space. 7. Develop conflict resolution policy for possible adoption. 8. Study regional traffic mitigation fees for possible adoption. The implementation steps for "Model A" include: (1) update joint powers agreement, (2) adopt budget with dues based on current formula developed by City /County Managers Group, (3) co- locate with existing entity, (4) hire executive director and support staff, and (5) establish indirect cost to allow potential capture of funds. Attachment 1 contains a more detailed explanation. "Model A" would cost cities and the county about $120,000 annually. City costs would vary depending on population. The smallest city would pay $4,476, while the largest city would pay $14,324. Moorpark would pay $5,904, or $2,952 for the remainder of this fiscal year. Attachment 2 illustrates the estimated dues for the 11 entities. STAFF RECOWEMATION Support "Model A." Attachment l: "Model A" Attachment 2: Dues Estimate MODEL "K Functions ATTACHMENT 1 1. Hold quarterly VCOG meetings for business and cooperative exchange of ideas, calling special meetings as needed: January — April — July — October (suggested) 2. Establish task force for legislative advocacy for state and federal issues 3. Continue to serve as local task force for integrated waste management plan 4. Continue as lead agency charged with allocating regional housing needs 5. Determine benefit and feasibility of obtaining from HCD rather than SCAG the authority to determine and allocate county's regional housing needs 6. Explore concept of being the appointed agency to secure grants and other funding for acquisition of open space in the county 7. Pursue written policy for conflict mediation /resolution for possible adoption by VCOG 8. Prepare further analysis of regional traffic mitigation fees for possible adoption Implementation 1. Amend Joint Powers Agreement to reflect changes 2. Establish annual budget with dues from the county and cities 3. Secure office space pursuing co- location with existing entity 4. Establish an indirect cost (overhead) 5. Hire Executive Director and appropriate staff (full- time /part-time) �1ad;. FUNCTION State and Federal legislative advocacy /lobbying STATUTORY OR OTHER AUTHORITY Voluntary participation among member agencies which could be incorporated in the Joint Powers Agreement. DUTIES / POWERS As granted by agreement and or local government officials CURRENTLY PERFORMED BY Lobbying is currently being accomplished by all cities and the county by the elected officials augmented by staff and contractual agreements with firms specializing in state and federal advocacy. Anthony Gonsalves represents several cities in Ventura County at the state level. Lynn Suter and Associates represent the county. Various contracts cover specific issues at the federal level. REQUIRED TO CHANGE Amendment to the Joint Powers Agreement FUNDING SOURCE None identified NEEDS ASSESSMENT A regional approach to advocacy could be undertaken by VCOG to provide a focal point at the state and federal level where city and county agreement is reached on specific issues to lobby. Advocacy on a countywide basis could serve to strengthen the individual city and county advocacy efforts. A closer regional collaboration with the League of California Cities Coastal Division would tend to further strengthen countywide clout. With the new League of California Cities advocacy approach, VCOG could work closely with the newly hired person assigned to the coastal division, potentially sharing resources. 2 FUNCTION Preparation, revision and implementation of required integrated waste management plans STATUTORY OR OTHER AUTHORITY Art. 3, Chap 1, Part 2, Div. 25, California Public Resources Code (com. with Sec. 40970). DUTIES I POWERS Assumption of the responsibility of the county and the county's cities to prepare and revise the countywide integrated waste management plan required by Part 2, Div. 25 of the Public Resources Code. The plan must include a solid waste source reduction and recycling element, household hazardous waste element, solid waste facility siting element, and a solid waste non - disposal element. The plan is updated every five years. Assumption of responsibility for overseeing implementation of the solid waste diversion requirements set forth in Art-1, Chap. 6, Part 2, Div. 25 of the Public Resources Code. CURRENTLY PERFORMED BY The county of Ventura and the county's cities are responsible for preparing, revising and implementing the countywide integrated waste management plan. However, in accordance with Sec. 40950 of the Public Resources Code, VOCG has been designated as the as the "local task force ", responsible for coordinating development of the city and county source reduction and recycling elements of the countywide integrated waste management plan, and for assisting in the preparation of the countywide facility siting element of the plan. REQUIRED TO CHANGE In order for VCOG to assume full responsibility for the countywide integrated waste management plan, the VCOG Joint Powers Agreement would need to be amended, followed by approval of the amended agreement by the State Integrated Waste Management Board pursuant to Sec. 40975 of the Public Resources Code. 3 FUNDING State subventions and grants. NEEDS ASSESSMENT There is no apparent need or reason for VCOG to assume full responsibility for this function; however VCOG could continue to function as the local task force. E FUNCTION Allocation of city and county regional housing needs STATUTORY OR OTHER AUTHORITY Sec. 65584 of the California Government Code DUTIES / POWERS The California Government Code requires every city and county to include a housing element in their general plans, requires housing elements to include an assessment of housing needs and an inventory of resources and constraints relevant to meeting such needs, and requires general plan housing elements and regional housing needs to be updated every 5 years (see Government Code Sec's. 65302. 65583 & 65588) To fulfill these requirements, Sec. 65584 of the Government Code confers upon councils of government the power establish the regional share of state housing needs in conjunction with the State Department of Housing and Community Development (HCD), and to allocate the regional share of state housing needs to each city and county within the region. Each city and county's local share of state housing needs, as determined by the COG, is incorporated in to the city and county's housing element at the time of each 5 -year update. CURRENTLY PERFORMED BY Southern California Association of Governments (SCAG) currently establishes the housing needs of the region that includes the county of Ventura in the manner required by Sec. 65584 of the Government Code. It is also authorized to allocated the local share of the region's housing needs to each city and county within the region However, a 1998 amendment to Sec 65584 of the Government Code specifically authorized a council of governments engaged in determining and allocating the regional share of housing needs, to delegate authority to allocate the local share of regional housing needs in a subregion to a subregional entity. In particular, Sec. 65584 (a) now provides: "The council of governments shall provide a subregion with its share of regional housing needs, and delegate responsibility for providing allocations to cities and a county or counties in the subregion to a subregional entity if this responsibility is requested by a county and all cities within the county, a joint powers agency ..., or the governing body of a subregional agency established by the council of governments, in accordance with an agreement entered into between the council of governments and the subregional entity that sets forth the process, timing, and other terms and conditions of that delegation of responsibility." Pursuant to this 1998 legislation, VCOG became the subregional entity authorized to allocate the county's share of regional housing needs to the county of Ventura and each city within the county. REQUIRED TO CHANGE It might be possible to get to recognize VCOG as the sole council of government directly responsible for both establishing the county's regional share of state housing needs, and allocating that share to the county of Ventura and each city within the county without going through SCAG. FUNDING SOURCE State subventions. NEEDS ASSESSMENT VCOG already functions as the subregional entity that allocates the local share of regional housing needs among the county of Ventura and each city in the county. VCOG should re- evaluate that role. If it elects to continue in that role, VCOG needs to determine whether to deal directly with HCD, or continue as a subregional entity that obtains the local share of regional housing needs through SCAG 4ic• r. 0 FUNCTION Acquisition and /or administration of open space lands STATUTORY OR OTHER AUTHORITY No specific statutory authority identified. However, the county of Ventura and the county's cities all have the power to acquire and hold open space for the benefit of their citizens. This common power could be exercise by VCOG if conferred upon it by the VCOG Joint Powers Agreement. DUTIES / POWERS Acquisition and /or administration of land within the county that is dedicated to open space, and that is acquired and held either in fee title or as open space easements CURRENTLY PERFORMED BY May currently be performed to a very limited extent by the county of Ventura and county's cities on an ad hoc basis. REQUIRED TO CHANGE Amendment of the VCOG Joint Powers Agreement or state legislation FUNDING SOURCE Possible revenue sources include (i) funds subvented to VCOG from an additional countywide sales tax increment that could adopted by the county of Ventura with voter approval in order to fund acquisition of open space; (ii) funds subvented to VCOG from development impact fees that could be adopted by the county of Ventura and the county's cities to fund acquisition of open space; and /or (iii) grants. NEEDS ASSESSMENT The county of Ventura is already exploring state legislation specifically authorizing a county conservation district that apparently would be empowered to acquire and hold open space. VCOG could serve as alternative vehicle for accomplishing this objective. "tt, - 7 FUNCTION Conflict Mediation / Resolution STATUTORY OR OTHER AUTHORITY Voluntary participation among member agencies which could be incorporated in the Joint Powers Agreement. DUTIES / POWERS As granted by agreement and or local government officials CURRENTLY PERFORMED BY Conflict mediation and /or resolution is not undertaken on a countywide basis in Ventura County. REQUIRED TO CHANGE Amendment to the Joint Powers Agreement FUNDING SOURCE None identified NEEDS ASSESSMENT Offering a conflict resolution process could be a function undertaken by VCOG to provide member agencies with a working knowledge of dispute resolution options, to provide information on methods and techniques for resolving disputes that require neutral intervention, and to reduce the frequency of unresolved disputes between public agencies. Participation could be voluntary but highly encouraged prior to initiation of litigation by a public agency. FUNCTION Adopt and administer regional traffic mitigation fees for new development both in the county Ventura and the county's cities STATUTORY OR OTHER AUTHORITY The police powers of counties cities authorize them to adopt and implement development impact fees subject to the constraints set forth in Chap. 5, Div. 1, Title 7 of the California Government Code (com. with Sec 66000). A joint powers agreement could authorize a joint power agencies to assume the responsibility for determining or administering the development impact fees authorized by such common powers. DUTIES / POWERS Duties and responsibilities could include: ♦ Determination of appropriate traffic mitigation fees for new development occurring both in the county of Ventura and the county's cities to mitigation regional traffic impacts on local arterial streets and highways in both the county and in the county's cities. ♦ Impose or recommend the imposition of such fees on new development. ♦ Allocate fee revenues to appropriate agencies to fund the cost of constructing the traffic facilities for which the fees were imposed. CURRENTLY PERFORMED BY The county and the county's cities currently impose and collect development mitigation fees to address traffic impacts within their respective jurisdictions. In addition, the county is endeavoring to get cities to impose and collect traffic mitigation fees to address traffic impacts on county roads caused by new city development. No agency currently addresses the imposition or collection traffic mitigation fees from the perspective of the entire region. REQUIRED TO CHANGE An amendment to the VCOG Joint Powers Agreement. '01411 FUNDING SOURCE Revenues produced by traffic mitigation fees. NEEDS ASSESSMENT A traffic mitigation fee that addresses the funding of inter jurisdictional traffic impacts from new development occurring in individual jurisdictions could provide benefits. It might facilitate better planning of the inter - jurisdictional street and highway improvements necessary to mitigate traffic impacts from new development, better evaluation of the costs of those improvement, and a more appropriate allocation of those costs to new development occurring in each individual jurisdiction. If determined to be of benefit, the function could be performed by VCOG. However, it might more appropriately be assigned to the Ventura County Transportation Commission. 10 ATTACHMENT 2 VCOG DUES ESTIMATE FOR 12 MONTH PERIOD Based on 2000 Census Population and a $120,000 VCOG Budget VCOG Dues Formula 1/3 to the County @ $120,000 = $40,000 1/3 to each City @ $ 120,000 = 40,000 divided by 10 = $4,000 1/3 to each City based on population Population Distribution City Population % of total cities Camarillo 57,077 8.65 Fillmore 13,643 2.07 Moorpark 31,415 4.76 Ojai 7,862 1.19 Oxnard 170,358 25.81 Port Hueneme 21,845 3.31 San Buenaventura 100,916 15.29 Santa Paula 28,598 4.33 Simi Valley 111,351 16.87 Thousand Oaks 117,005 17.73 Total all cities 660,070 100.00 County (unincorporated) Countywide Total 93,127 753,197 VCOG Dues by Jurisdiction City Equal Population Total Due @ Total Due @ Share + Share = $120,000 $95,000 Camarillo $4,000. 3,458 7,458 Fillmore 4,000. 826 4,826 Moorpark 4,000. 1,904 5,904 Ojai 4,000. 476 4,476 Oxnard 4,000. 10,324 14,324 Port Hueneme 4,000. 1,324 5,324 San Buenaventura 4,000. 6,116 10,116 Santa Paula 4,000. 1,734 5,734 Simi Valley 4,000. 6,748 10,748 Thousand Oaks 4,000. 7,090 11,090 Total all Cities 40,000 40,000 80,000 County of Ventura Total Cities and County 40,000 $120,000