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HomeMy WebLinkAboutAGENDA REPORT 2002 0821 CC REG ITEM 11DITEM I l• D• :.ITV OF M Council RPA Meeting LTFORN' IX of ACTION' ��► ^��LxJP1� MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Kim C. Chudoba, Senior Management Analyst k e, DATE: August 7, 2002 (CC Meeting of 8/21/02) SUBJECT: VENTURA COUNCIL OF GOVERNMENTS REVISED JOINT POWERS AGREEMENT BACKGROUND In April 2001, city and county officials attended a workshop on the future of the Ventura Council of Governments (VCOG). Attendees voted to retain VCOG with some organizational changes. In June 2001, VCOG hired a firm to conduct an organizational study. The firm researched other COG functions and structures, and surveyed local policy makers. In October 2001, city and county officials attended a forum on the firm's recommendations. Attendees voted to consider one model further. In December 2001, VCOG adopted six major functions: 1. Hold quarterly meetings. 2. Work with League of California Cities, California State Association of Counties, and Urban Counties Caucus on state and federal legislation. 3. Continue to serve as local task force for integrated waste management plan. 4. Continue as subregional agency charged with allocating regional housing needs. 5. Determine benefit and feasibility of obtaining from state, rather than Southern California Association of Governments, the authority to determine and allocate county's regional housing needs. 6. Pursue written policy for conflict mediation and resolution for possible adoption. In April 2002, VCOG considered staffing options and alternate dues structures. Honorable City Council August 7, 2002 Page 2 In June 2002, the Administrative Committee reviewed the existing Joint Powers Agreement (JPA) and recommended revisions to define and accommodate the new scope and structure. DISCUSSION In July 2002, VCOG approved a revised JPA for submission to member agencies for ratification. Substantive changes include: Governing Body Reduce size of governing body from fifteen to eleven by reducing county membership from five to one. Meeting Schedule Change meeting schedule from monthly to quarterly. Dues Formula Modify dues formula from one -third of dues borne by county and two - thirds of dues borne by cities (one -half by equal share and one -half by population) to three - fourths of dues borne by entities in proportion to respective populations and one - fourth of dues borne equally. Moorpark would bear 5.4 percent of total dues, an increase of one -half percent. STAFF RECOWIENDATION Ratify the revised Joint Powers Agreement. Attachment l: Revised Joint Powers Agreement AGREEMENT ATTACHMENT / VENTURA COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY Pursuant to Section 6500, et seq., of the Government Code and other applicable law, this Ventura Council of Governments Joint Powers Authority Agreement ( "Agreement ") is made and entered into by and between the following public entities (collectively "Entities "): County of Ventura, City of Camarillo, City of Fillmore, City of Moorpark, City of Ojai, City of Oxnard, City of Port Hueneme, City of San Buenaventura, City of Santa Paula, City of Simi Valley, and City of Thousand Oaks. WITNESSETH The Entities hereto do agree as follows: Section 1. Recitals, This Agreement is made and entered into with respect to the following facts: a. That there is a need for area wide planning and coordination between the Entities whose collective jurisdiction is in, the County of Ventura ( "County "); and b. That the public interest requires that long range planning, development and redevelopment within the political boundaries of the Entities must necessarily be coordinated, which can be accomplished only by means of a joint powers agency involving the active participation of the Entities; and C. That each of the Entities, by and through its legislative body, has determined that a regional organization to accomplish such planning and related activities is required in furtherance of the public interest, necessity and convenience; and d. That the legislative body of each of the Entities has independently determined that the public interest, convenience and necessity require the execution of this Agreement by and on behalf of the said Entities. e. Except as provided by Section 2 of this Agreement, this Agreement supersedes the agreement previously entered into by the Entities which was effective December 1, 1992, and the First Amendment to said agreement effective January 15, 1997. Section 2. Separate Legal Entity. The Entity created by the Agreement dated December 1, 1992 (referenced in Section 1.e above) is a separate legal entity within the meaning of Section 6503.5 of the Government Code ( "Agency "). This Agreement reaffirms that the Agency is a separate legal entity. Section 3. Name. The name of the Agency shall be the Ventura Council of Governments. revised 07/11/02 1 C `✓ �.✓ X71 Section 4. Purpose of Agency. The purpose of the creation of the Agency is to provide a vehicle for the Entities and other interested persons, public and private entities and organizations to engage in regional, cooperative and comprehensive planning to assist the Entities in the conduct of their affairs as public entities. In addition, the Agency will provide a regional organization for the review of federal and state projects which involve the use of federal and /or state funds, in various forms. Section 5. Creation of Governing Body. There is hereby created a Governing Body for the Agency ( "Governing Body ") to conduct the affairs of the Agency. The Governing Body shall be constituted as follows: a. City Entities. Designation of Regular City Members and Alternate City Members of Governing Body. One person shall be designated as a member of the Governing Body ( "Regular City Member") and one person designated as an alternate member of the Governing Body ( "Alternate City Member ") by the legislative body of each of the Entities, except the County; and b. County. Designation of Regular County Member and Alternate County Member of Governing Body. One person shall be designated as a member of the Governing Body ( "Regular County Member ") and one person designated as an alternate member of the Governing Body ( "Alternate County Member ") by the legislative body of the County; and C. Eligibility. No person shall be eligible to serve as a Regular City Member, an Alternate City Member, a Regular County Member or an Alternate County Member unless that person is, at all times during the tenure of that person as a member of the Governing Body, an appointed or elected member of the legislative body of one of the appointing Entities. Should any person serving on the Governing Body fail to maintain the status as required by this Section 5, that person's position on the Governing Body shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5. Section 6. Common Powers. The Agency shall have and exercise the following powers: a. Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with County -wide and regional significance; and b. Assemble information helpful in the consideration of problems peculiar to the Entities; and C. Explore practical avenues for intergovernmental cooperation, coordination and action in the interest of local public welfare and means of improvement in the administration of governmental services. Section 7. Use of Public Funds and Property. The Agency shall be empowered to utilize for its purposes, public and /or private funds, property and other revised 07/11/02 2 resources received from the Entities and/or from other sources. Subject to the approval of the Governing Body, the Entities shall participate in the funding of the Agency in such a manner as the Governing Body shall prescribe, subject to the provisions of Section 23 of this Agreement. Where applicable, the Governing Body of the Agency may permit one or more of the Entities to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Agency's activities. Section 8. Governing Body. Functions. a. Voting. Members of the Governing Body shall be entitled to cast a vote on matters pending before the Governing Body only if such person is physically present at the meeting of the Governing Body. b. Participation of Alternates. An Alternate Member may participate in the proceedings of the Governing Body only in the absence of the Entity's Regular Member. C. Quorum. A quorum of the Governing Body shall consist of not less than fifty percent plus one of its total voting membership. d. Committees. As needed,, the Governing Body may create permanent or ad hoc advisory committees to give advice to the Governing Body on such matters as may be referred to such committee by the Governing Body. Such a committee shall remain in existence until dissolved by the Governing Body. Qualified persons shall be appointed to such committees by the Chair of the Governing Body subject to ratification of the appointment by the Governing Body and each such appointee shall serve at the pleasure of the Governing Body. Subsequent to the approval of the original agreement dated December 1, 1992 (referenced in Section 1.e of this Agreement), the Governing Body. created a permanent committee known as the Administrative Committee. The Administrative Committee shall set its own meeting schedule and shall advise the Governing Body on matters within the subject matter jurisdiction of the Agency. The Chair of the Governing Body shall serve as the Chair of the Administrative Committee. — e. Actions. Actions taken by the Governing Body shall be by not less than a majority vote of the total voting membership of the Governing Body unless by a provision of this Agreement, the Bylaws or applicable law a higher number of votes is required to carry a particular motion. Section 9. Duties of the Governing Body. The Governing Body shall be deemed, for all purposes, the policy making body of the Agency. All of the powers of the Agency, except as may be expressly delegated to others pursuant to the provisions of this Agreement, the Governing Body's Bylaws or orders of the Governing Body or by specific action of the Governing Body, shall be exercised by and through the Governing Body. revised 07/11/02 3 Section 10. Roberts Rules of Order. The substance of Roberts Rules of Order shall apply to proceedings of the Governing Body, except as may otherwise be provided in this Agreement, the Bylaws or orders of the Governing Body or applicable law. Section 11. Meetings of the Governing Body. The Governing Body shall by means of the adoption of Bylaws establish the dates and times of regular meetings of the Governing Body. Regular meetings shall be held not less than four times during each calendar year during the term of this Agreement. The location of each such meeting shall be as directed by the Governing Body. Section 12. Election of Chair and Chair - Elect. a. The Chair -Elect holding office as of the last regular meeting of the Governing Body for the calendar year shall be deemed elected to the position of Chair of the Governing Body and shall serve as Chair for a term of one year commencing January 1 of the succeeding calendar year. The Chair -Elect shall be elected at the last regular meeting of the Governing Body for the calendar year and shall serve as Chair - Elect for a term of one year commencing January 1 of the succeeding calendar year. Only members of the Governing Body are eligible to hold the positions of Chair and Chair - Elect. The Governing Body, by majority vote, may change the date for the election of the Chair -Elect and any such change shall only be applicable to the election specified by the Governing Body. b. If there is a vacancy for any reason in the position of Chair or Chair - Elect, the Governing Body shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent. C. The Chair shall be the chairperson of the Governing Body and shall conduct all meetings of the Governing Body and perform such other duties and functions as required of such person by this Agreement, the Bylaws or the Governing Body. The Chair -Elect shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by this Agreement, by the Chair, the Governing Body and the Bylaws. — Section 13. Desiclnation of Treasurer and Auditor. The Governing Body shall designate a qualified person to act as the Treasurer for the Agency and a qualified person to act as the Auditor of the Agency. If the Governing Body so designates, a qualified person may hold both the office of Treasurer and the office of Auditor of the Agency. The compensation, if any, of a person or persons holding the offices of Treasurer and /or Auditor shall be as set by the Governing Body of the Agency. Section 14. Agency Treasurer. The person holding the position of Treasurer of the Agency shall have charge of the depositing and custody of all funds held by the Agency. The Treasurer shall perform such other duties as may be imposed by applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Body. The Agency's revised 07/11/02 4 Auditor shall perform such functions as may be required by this Agreement, the Bylaws and direction of the Governing Body. Section 15. Designation of Other Officers and Emplovees. The Governing Body may employ such other officers or employees or independent contractors as appropriate and necessary to conduct the affairs of the Agency. The Governing Body shall appoint a qualified person who is not a member of the Governing Body, to serve in the position of Executive Director of the Agency. The Executive Director shall perform such duties as may be imposed upon that person by this Agreement, the Bylaws, other applicable law, or express direction of the Governing Body. Section 16. Obligations of Agency. The debts, liabilities and obligations of the Agency shall not be the debts, liabilities or obligations of any of the Entities. No member of the Agency shall be responsible, directly or indirectly, for any obligation, debt or liability of the Agency, whatsoever. Section 17. Agency Powers. Exercise of. The Agency shall have all of the express powers set forth in Section 6500, et seq., of the Government Code, and other applicable laws and this Agreement. The Agency shall, in addition, have all implied powers necessary to perform its functions. The Agency shall exercise its powers only in a manner consistent with the provisions of this Agreement, the Bylaws and applicable law. Section 18. _Control and Investment of Agency Funds. The Governing Body shall adopt a policy for the control and investment of is funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 19. Term. The Agency created pursuant to this Agreement shall continue in existence until such time as this Agreement is terminated. This Agreement may not be terminated except by an affirmative vote of not less than two- thirds (2/3) of the total voting membership of the Governing Body. Section 20. Application of Laws to Agency Functions. The Agency shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act (Section 54950, et seq., of the Government Code). Section 21. Members of Agency. a. Withdrawal. A member may withdraw from this Agency by filing its written notice of withdrawal with the Chair of the Governing Board, not less than 60 days before the end of any fiscal year occurring during the term of this Agreement. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of the fiscal year during which the timely notice of withdrawal was given. The withdrawal of a Member shall not, in any way discharge, impair or modify the obligations of the withdrawing Member, in existence as of the effective date of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. A withdrawing Member shall not revised 07/11/02 5 C be entitled to the return of any funds or other assets belonging to the Agency, until the effective date of termination of this Agreement. b. New Members. New Members may be admitted to the Agency upon an affirmative vote of not less than two- thirds (2/3) of the total voting members of the Governing Body, provided that such a proposed new member is a public entity whose jurisdiction lies within, and /or immediately adjacent to, the boundaries of the County. Admission to membership shall be subject to such terms and conditions as the Governing Body as may deem appropriate. C. Alternate Method of Withdrawal. Notwithstanding any other provision of this Agreement to the contrary, any member may withdraw from this Agency at any time provided that not less than two- thirds (2/3) of the members who are then parties to this Agreement, approve such withdrawal. No such withdrawal shall be effective unless and until the proposed withdrawing member has met all of its financial obligations pursuant to this Agreement. The effective date of the withdrawal shall be the date that all of resolutions duly adopted by the legislative bodies of each member approving such withdrawal, are filed with the Executive Director of the Agency. Section 22. Interference With Function of Members. The Governing Body shall not take any action with constitutes an interference with the exercise of lawful powers by a member of the Agency. Section 23. Budget. The Governing Body shall adopt an annual budget for the Agency for the fiscal year commencing July 1 of each year. The budget shall be adopted, and dues shall be approved, at the last regular meeting of the Governing Body prior to June 30 of each year or at the first meeting, regular or special, of the Governing Body after June 30. Section 24. Dues of Members. The members of the Agency shall be responsible for the payment to the Agency, annually, of dues in the amounts periodically budgeted by the Governing Body, as and for the operating costs of the Agency ( "Dues ") as follows: -- a. Three - fourths (3/4) of all Dues shall be borne by the Entities in proportion to their respective populations. The population .figures shall be those population figures set forth in the most recent Population and Housing Estimate prepared by Department of Finance of the State of California ( "Estimate ") as of January 1 of each year. b. The remaining one -fourth (1/4) of such Dues shall be borne equally by the Entities C. The total amount of Dues imposed in any fiscal year, shall not exceed $200,000.00, unless approved by not less than a majority weighted vote by Members of the Governing Body. "Weighted vote ", as used in this subsection, c., of Section 23 of this Agreement, shall be determined as follows: The vote of each Regular or Alternate Member shall be assigned a value equal to the percentage of the amount of revised 07/11/02 6 the Entity's Dues to the total amount of the proposed Dues which would be paid by all of the Entities. d. Illustration of Dues Formula. Attached hereto as Exhibit A is a true copy of the "Ventura Council of Governments 2002 -2003 Annual. Dues." Pursuant to the formula as set forth in this Section 23, the population figures for the entities and the budget amount specified in Exhibit A shall be modified periodically in the manner provided by the Agreement. e. Subject to the provisions of Section 24.c of this Agreement, dues may be increased during the Fiscal Year upon a two- thirds (2/3) vote of the members who are then parties to this Agreement. f. Dues are payable within 60 days of the approval of the dues or by August 1 following the date of the approval, whichever is later. Any Entity which has not paid its dues within said period shall lose its voting privileges under this Agreement until such time as the dues are paid. Section 25. Issuance of Bonds. The Governing Body shall be permitted to issue bonds or other evidence of indebtedness pursuant to the provisions of Section 6540, of seq., of the Government Code and /or any other applicable law. Section 26. Disposition of Assets. Upon termination of this Agreement, after the payment of all obligations of the Agency, any assets remaining shall be distributed to the Entities in proportion to the then obligation of those Entities' obligation to participate in the funding of the Agency as provided in section 23 hereof. Section 27. Amendment. This Agreement may be amended at anytime with the consent of all of the Entities. Section 28: Entire Agreement. This Agreement embodies the entire understanding among the Entities with respect to the matters addressed herein and supercedes all prior agreements, understandings and negotiations, whether written or oral. Section 29. Headings. The section and subsection headings of this Agreement are for reference purposes only and are not intended to modify the meaning of the text of the section or subsection. Section 30. Effective Date. The effective date of this Agreement shall be July 25, 2002. That the Entities have caused this Agreement to be executed on their behalf, respectively, as follows: revised 07/11/02 7 ATTEST: ATTEST: ATTEST: County of Ventura Chairperson of the Board of Supervisors County Clerk City of Camarillo Mayor City Clerk City of Fillmore Mayor City Clerk revised 07/11/02 8 ATTEST: ATTEST: ATTEST: City of Moorpark Mayor City Clerk City of Ojai Mayor City Clerk City of Oxnard Mayor City Clerk revised 07/11/02 9 ATTEST: ATTEST: ATTEST: City of Port Hueneme Mayor City Clerk City of San Buenaventura Mayor City Clerk City of Santa Paula Mayor -- City Clerk revised 07/11/02 10 ATTEST: ATTEST: City of Simi Valley Mayor City Clerk City of Thousand Oaks Mayor City Clerk revised 07/11/02 11 Ic fir_ EXHIBIT A Ventura Council of Governments 2002 -03 Annual Dues Calculated based on ' The population figures shall be those population figures set forth in the most recent Population and Housing Estimate prepared by Department of Finance of the State of California ( "Estimate "). % of Total 3/4 Population Population' Population '/4 Equally Camarillo 57,077 7.58% $5,968 Fillmore 13,643 1.81% 2,723 Moorpark 31,415 4.17% 4,050 Ojai 7,862 1.04% 2,291 Oxnard 170,358 22.62% 14,428 Port Hueneme 21,845 2.90% 3,335 San Buenaventura 100,916 13.40% 9,242 Santa Paula 28,598 3.80% 3,840 Simi Valley 111,351 14.78% 10,021 Thousand Oaks 117,005 15.53% 10,443 County of Ventura 93,127 12.36% 8,660 753,197 100.00% $75,000 ' The population figures shall be those population figures set forth in the most recent Population and Housing Estimate prepared by Department of Finance of the State of California ( "Estimate ").