Loading...
HomeMy WebLinkAboutAGENDA REPORT 1986 0707 CC REG ITEM 11F• , JAMtS D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Council member DANNY A. WOOLARD Councilmember LETA YANCY-SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TC>: FRC>NI: DATE: SUBJECT: MOORPARK NIENIC>RANDUNI The Honorable City Council Eva Marie Crooks, Deputy City Clerk July 2, 1986 VCAG Bylaws Amendment ITEM~ll ___ f _ STEVEN KUENY City Manager CHERYLJ.KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police At the time of incorporation in 1983, the City Council approved the 1983 VCAG Joint Powers Agreement, which automatically adopted VCAG Bylaws. The following memorandum is a request for approval of an Amendment to the VCAG Bylaws. The Amendment may be approved by Minute Action of the City Council. 799 Moorpark Avenue MOORPARK, CALIFORNIA City Council Meeting of__,,.r..::::'__., 7 198~ ACTI ~~~~£:.!::.~ '1S ~ +;;:... ~------- Moorpark, California 93021 (805) 529-6864 VENTURA COUNTY ASSOCIATION OF GOVE~NMENTS 800 South Victoria Avenue, Ventura, CA 93009, (805) 654-2888 June 13, 1986 TO: FROM: SUBJECT: VCAG Executive Committee VCAG Managers' Committee Norman Blacher, Executive VCAG Bylaws Amendment Director .-0------t On June 12, 1986 the VCAG Executive Committee approved an amendment to the VCAG Bylaws which would reduce the number of VCAG General Assemblies each year from 4 to 2. It is urged that each City Council and the Board of Super- visors adopt the proposed Bylaws amendment by resolution. It is further urged that each of the elected officials sign the resolution. This matter will be on the General Assembly Agenda for the July 10, 1986 meeting to be held at Limoneira Ranch. NB/kc ~ ,. " . ,.., ' 'f i ~ _. ,. URA COU ASSOCI N OF GOV May 22, 1986 TO: FROM: SUBJECT: 800 South Victoria Avenue, Ventura, CA 93009. (805) 654-2888 Executive Committee Norman Blacher, Executive Director Draft of Revised VCAG Bylaws to limit the number of General Assemblies from present 4 per year to 2 per year Attached are the existing VCAG Bylaws which were last amended on April 26, 1979. The VCAG Executive Committee, on May 8, 1986, requested VCAG Staff to draft an amendment to the Bylaws to limit the number of General Assemblies to 2 per year, one of which will be in April, and one of which will be in October. The following changes in the Bylaws are suggested: Article III, Section 6, A:"The General Assembly shall meet in April and October. The exact locations and meeting dates for the year shall be deter- mined at the April meeting upon a recommendation by the VCAG Executive Committee." This is the only amendment to the Bylaws that would be required to reduce the number of General Assemblies from 4 to 2. If the Executive Committee agrees with the Bylaws change, it will be sent to each City and Ventuna County for ratification by each City Council and the Board of Supervisors. It is strongly recommended that each City Council and the Board of Supervisors, by official resolution, adopt the proposed Bylaws change with the signatures by each of the elected officials for each of the entities. If the Executive Committee approves the proposed changes in the VCAG Bylaws, they will be sent to each General Assembly member 3 weeks prior to the July 10, 1986 General Assembly Meeting. NB/kc SECTION I. BY-LAWS FOR VENTURA COUNTY ASSOCIATION OF GOVERNMENTS APRIL 26, 1979 ARTICLE NAME The name of this organization shall be the Ventura County Association of Governments. In these By-Laws it may be referred to as VCAG or Association. SECTION I. The purpose of the VCAG shall be: ARTICLE II PURPOSES A. To improve and coordinate governmental services on o county-wide and regional basis through the estoblishm ent of a voluntary and cooperative Association of Governments. B. The Ventura County Association of Governments is an organization through which individual governmental units can better cooperate and coordinate their efforts, gain greater understanding, and adopt common policies and plans with matters of common interest. It is not, nor is it intended, to substitute for another layer of local government. C. To serve as a forum for consideration, study, and recommendation on countywide or regional problems. D. To explore all avenues for intergovernmental cooperation in the interest of local public welfare, and improved administration and economy of governmental services. VCAG By-Laws (continued) April 26, 1979 Page Two Article II, Section I, E. To assemble information 1-ieipful in the consideration of problems peculiar to the various oreos of the county. F. To furnish general information ond technical aid to member governments, as directed; to develop, promote ond effect VCAG approved agreements, policies and plans as requested by members. G. To identify ond initiate joint projects and programs which will benefit the member governments at tlie request of a member agency or the Executive Committee. ARTICLE Ill GENERAL ASSEMBLY SECTION I. MEMBERSHIP A. Membership in the VCAG General Assembly will consist of the Ventura County GovernmeM and each City Government in Ventura County, by proper action of its le~islative body and the payment of assessed contribution os prescribed in Section 2 of Article 111 hereof. B. Every county Supervisor, City Councilman and the Chief Executive or City Manager of each of the member governments shall be a representative for their respective government. C. Any person who has rendered conspicuous service for improvement of regional inter- governmental cooperative action may, by the vote of the General Assembly, be granted an honorary membership i-n the Association. Honorary members, as such, shal I not have a vote in any meetings of the Association. '-11 VCAG By-Laws (continued) April 26, 1979 Page Three Article Ill (continued) SECTION 2. ASSESSED CONTRIBUTIONS A. Assessed contributions for member governments shall be established at the General Assembly meeting in April of each year. B. Contributions will be assessed on a per-capita basis, each City paying on the basis of its population and the County paying on the basis of the total unincorporated oreo popu la ti on within the County. C. Assessed contributions shall be payable on or before June 15th of the same year. D. Levy of special assessments on member governments to finance special projects or studies must be approved by a three-fourths vote of those member government repre- sentatives present and voting at the General Assembly. E. No member agency shall be liable for any amount over and above the assessment or contribution levied at the commencement of each year. SECTION 3. WITHDRAWAL A. Any member may withdraw from the Association by resolution of its governing body. Such withdrawal shall be made prior to May 1st of any year and shall be effective only as of July 1st of the year withdrawal is made. If the debts and obligations of the Association exceed its assets and anticipated income at the time of withdrawal, withdrawal may be effected only after payment by the withdrawing party of its proportionate shore of the net debt and obligations of the Association. SECTION 4. OFFICERS A. The Officers of the General Assembly shall be a Chairman and Vice-Chairman. VCA G By-lows (continued) Apri I 26, 1979 Page Four Article Ill, Section 4 (continued) A. i. The Chairman shall preside at all meetings. He will exercise oil powers granted to presiding officers under Roberts Rules of Order Revised. ii. The Vice-Chairman shall perform all the duties of the Chairman in his absence. B. The Chairman and the Vice-Chairman s1-all be. elected annually in April of each year . by the General Assembly from among its own membership. Each Officer must be an elected Councilman or Supervisor of the member government they represent. i. A nominating committee composed of the voting members of the Executive Committee shall announce their recommendations at the Executive Cammi ttee meeting in March, prior to the April ~eeting of the General Assembly. Additional nominations may be made from the floor. C. The Chairman and Vice-Chairman whall S£;.>rve a one year term beginning c,n July 1st and ending the following June 30th, and shall not be members of the same member governments. SECTION 5. VOTING A. Each member government shall have a maximum of five votes in the General Assembly; however, the votes for each member government shall be no more than the number of voting members present. i . If more than five representatives from one member government are present to vote, that member government itself is solely responsible for determining which five votes she 11 be counted. ii. The Chairman and Vice-Chairman shall not be excluded from voting. VCAG By-lows {continued) April 26, 1979 Page Five Article Ill, Section 5 {continued) B. No person shell be eligible to be a voting representative for their respeciive government unless he is on officially elected Councilman or Supervisos: a! the lime- of casting a vote. C. The Executive Officer and/or City Manager of each respective-government ore nor.- voting members of the Association. D. Except as otherwise noted in these By-Laws, voting in the General Assemhl)• for passage of an item on any question will require an offirmotivet vote of a simple maiority of those member governments. SECTION 6. MEETINGS A. The General Assembly shall meet in January, April, July ond October ... The exact locations and meeting dates for the year shall be dekrmined ot-the July meeting ~n recommendation by the Executive Committee. B. Special meetings of the General Assembly may be coiled by the C"J-1oim-,or, cir o majority of the member governments. SECTION 7. QUORUM A. A majority of the voting General Assembly membership shall constitute a quorum for the transaction of all business except as otherwise noted in tnese By-laws. SECTION 8. POWERS AND FUNCTIONS A. To establish the policy positions of VCAG, B. Adopt and amend the By-Laws of the Association. VCAG By-Lows (continued) April 26, 1979 Page Six Article 111, Section 8 (continued) C. Establish a schedule of Assessed Contributions and Special Assessments for the Association, such levies must be approved by a threa-fou.~h vo!e of tl,ose r."lember government representatives present and voting at !·ho General Assembly. D. ~o assign to the Executive Committee such duties c.rnd {C!sks. as necess.ary to odminist~r the affairs of VCAG. E. Adopt a final budget for the expenditures of the Association during lhe fiscal year prior to Moy 15th of each year. ARTICLE IV EXECUTIVE COMMITTFE -SECTION 1. MEMBERSHIP A. Membership in the VCAG Executive Commi!-1-ee will be composed of the 1-i,ayor or on officially designated representative from ~och city who mu$t he on elected Council- man, and five Supervisors, and the appoint Chief Executive or City Manager of the- member governments. B. Each member government is solely responsible for appointing and removing its official representatives to the Executive Committee. No person may represent more than one member government on the Committe&. SECTION_ 2. OFFICERS A. The Officers of the Executive Committee shall be the same Chairman and Vice- Chairman as elected by the Gene_rol Assembly in April of eoch year. Sb 51 VCAG By-Laws (continued) Apri I 26, 1979 Page Seven Article IV, Section 2 (continued) B. The officially designated elected Councilmember or Supervisor elected by the General Assembly at its annual meeting to the office of Chairman or Vice-Chairman of the Association shall automatically be the officially designated representative of their respective member government to the Executive Committee. C. The duties of the Chairman and Vice-Chairman ore prescribed in Article Ill, Section 4 A. SECTION 3. VOTING A. Each member City government shall have one vote in the Executive Committee, and the County shall have five votes. B. The Executive Officers and/or City Managers are non-voting members of the Executive Committee. SECTION 4. MEETINGS A. The Executive Committee shall conduct regular monthly meetings, at times and places designated by the Committee at the regular meeting preceding the next scheduled meeting. i. Notice shall be given to all member governments of the time and place of all regular meetings of the Executive Committee by mailing a written notice of the same at least ten days prior to said meeting; provided, however, that failure to receive such notice shall not invalidate any proceedings of such meeting. VCAG By-Laws (continued) April 26, 1979 Page Eight Article IV (continued) SECTION 5. QUORUM A. A majority of the member agencies must be represented by o voting member to co:istitute o quorum. SECTION 6. POWERS AND FUNCTIONS A. To establish and pubiish the agenda for General Assembly meetings at the Executive Committee meeting not iess than three weeks prior to the regularly scheduled General .~ssembly meeting. B. To recommend to the General Assembly at the July meeting of eoch year, the dates and locations of regular General Assembly meetings for the following year. C. To_ make recommendations to the General Assembly regarding the financing of VCAG and to inform each member agency of its estimated shore of contributions for the next fiscal year prior to April 1st of each year. D. To initiate studies and develop plans consistent with the established policy positions of VCAG end report those findings and recommendations to the General Assembly for its action. E. To establish and supervise regular and special committees from its own membership. F. To direct the execution of VCAG business between meetings of the General Assembly in a manner not inconsistent with other sections of these By-Laws or the Joint P0wers Agreement. G. To serve as the Clearinghouse Review Committee of the Association in accordance with Circular A-95. S.3 VCAG By-lows (continued) April 26, 1979 Page Nine Article IV, Section 6 (continued) H. To recommend policy positions to the General Assembly. The Executive-Committee shall not have the authority to speak for the Association. except as the General Assembly may authorize by specific delegation of authority. I. To select, supervise, and terminate the services of the Executive Direct~r and Staff Members, in accordance with personnel rules and regulations os. adopted by the Executive Committee. J. To designate the compensation to be received by the Executive Director and Staff, based on on annual review of performance. ARTICLE V ADVISORY COMMITTEES SECTION 1. MEMBERSHIP A. The·membership of each advisory committee sl1all be determined by the General Assembly or Executive Committee. Members rnay be drawn from government service including agencies other than those in VCAG, from non-public groups or organiza- tions or from the general public. SECTION 2. MEETINGS A. Advisory committees shall meet as necessary to accomplish the fasl'<s assigned. SECTION 3. OFFICERS A. The Chairman of each advisory committee shall be selected by the-Advisory Committee and confirmed by the Executive Committee or selected by the Executive Committee at their di sere ti on. VCAG By-Laws (continued) Apri I 26, 1979 Page Ten Article V, Section 3 (continued)"' B. The Chairman shall serve as liaison between i·he Excic:utive Committee rmd the Advhory Committee and shall hove primary responsibilit>' to insure that the direc:tives cif the Executive Committee ore implemented, that deadlines are met ond progress repc1rts provided. The Chairman shall not hove t·he authority lo influence or mold ony recommendation of the Advisory CommiHee,. SECTION 4. VOTING A. Voting on any issue before the Advisory Commit-lea shal I be by a mciority of those- present and voting. SECTION 5. QUORUM A. A majority of those appointee:! on an Advisory Committee shall constitute o quorum for conducting committee activities. SECTION 6. POWERS AND FUNCTIONS A. To study and report regarding the specific matters assigned .. B. To recommend to the Executive Committee areas for additional study and analysis. ARTICLE VI RULES OR PROCEDURE SECTION 1. PARLIAMENTARY AUTHORITY A. Except as otherwise pr~vided herein, orb)' vote o{ threo··fourths of thos -esent ot General Assembly or Executive Committee meetings, Robert's Rules of Order Revised, shall constitute the parliamentary authority for VCAG. VCAG By-Laws (continued) April 26, 1979 Page Eleven Article VI (continued) SECTION 2. RESOLUTIONS A. Except resolutions of courtesy, commendations, appreciation or condolence, no resolution expressing the opinion or policy of the Association on any question shall be considered by the Association, unless it has been submitted to General Assembly membership not less than three weeks prior to a General Assembly meeting. If time requirements are critical and providing good and sufficient cause is demonstrated, this notice requirement may be waived at a meeting of the General Assembly by a two-thirds vote of those present and voting. B. No resolution shall be adopted until on opportunity hos been afforded for full and free debate thereon. ARTICLE VII AMENDMENTS SECTION 1. A. These By-Laws and any amendments thereto may be amended by three-fourths vote of the membership of the General Assembly, provided that the text of such amendment is provided to the membership no less than three weeks prior to the meeting at which the vote is to be taken. VCAG By-Lows (continued) April 26, 1979 Page Twelve SECTION 1. ARTICLE VIII STATUTORY AUTHORITY A. The Ventura County Association of Governments shal I be on agency established by a joint Powers Agreement ".lmong the members pursuant to Title i, Division 7, Chapter 5, of the Government Code of the State of California, as amended. B. Where there is a conflict between the By-Laws of the Association and the Joint Powers Agreement of the Association, the Joint Powers Agreement shal I prevail. ARTICLE IX EFFECTIVE DATE SECTION 1. A. These By-L·:iws and t.Jny amendments thereto shall go into effect immediately upon adoption by the General Assembly. ---End of By-Lows--- AN AGREEMENT FOR THE JOINT EXERCISE OF POWERS RELATIVE TO A COOPERATIVE ASSOCIATION OF GOVERNMENTS Amended Agreement as approved by the VCAG Executive Committee on August 11, 1983 This Agreement is entered into by and between the COUNTY OF VENTURA, a political subdivision of the State of California, hereinafter referred to as COUNTY, and the CITY OF SAN BUENAVENTURA, a charter city, the CITY OF OJAI, a municipal corporation, the CITY OF OXNARD, a municipal corporation, the CITY OF CAMARILLO, a municipal corporation, the CITY OF SIMI VALLEY, a municipal corporation, the CITY OF SANTA PAULA, a municipal corporation, the CITY OF THOUSAND OAKS, a municipal corporation, the CITY OF PORT HUENEME, a municipal corporation, the CITY OF FILLMORE, a municipal corporation, and the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as CITIES. The parties hereto declare as follows: 1. WHEREAS, each party to this agreement is a public agency and is authorized to enter into this agreement; and 2. WHEREAS, the parties recognize a need for an organizational frame- work through which they may explore and study countywide and regional problems affecting each of them and through which they may effect improved inter- governmental cooperation through the accumulation of information materials and the use of advisory committees and thereby increase the overall quality of governmental services; NOW, THEREFORE, the parties hereto agree as follows: EFFECTIVE DATE 1. This agreement shall become binding upon each party hereto upon the execution hereof by that party. i."~ 7. ",..,..., • '~':. ~·~~ ·4-.. _. -..,;i;.·_-U<,lt<l ~-__ , ... ~:;~ PURPOSE OF AGREEMENT 2. The purpose of this agreement is to improve and coordinate governmental services on a countywide and regional basis through the establish- ment of a cooperative association of governments. This cooperative association shall be known as the Ventura County Association of Governments. The Ventura County Association of Governments shall perform all necessary functions to fulfill this purpose including, but not limited to, the following: a. Serve as a forum for consideration, study and recommendation on countywide regional problems. b. Assemble information helpful in the consideration of problems peculiar to the various areas of the County. c. Explore all practicable avenues for intergovernmental cooperation in the interest of local public welfare and improve administration of governmental services. d. Serve as Transportation Planning Agency for the Ventura County area provided, however, it is the intention of the parties hereto that the Association shall not become a performer agency. COMMON POWERS TO BE EXERCISED 3. Common powers to be exercised pursuant to this agreement are the powers of each party to establish advisory committees and initiate studies providing information helpful and necessary in the consideration of problems and proposed services to be rendered by the parties, to further explore possible areas of intergovernmental cooperation, and to make and enter into contracts to accomplish the purposes of this agreement. Common powers shall be exercised so as to aid, assist, extend, and improve the intergovernmental cooperation and information of the parties. Common powers shall also be -2- CITY OF Dated:____,f/ _ _._,3J/,__r~J.__ __ Dated: CITY OF CAMARILLO Dated = ___ <J_-__ 0'--__ <g--L-~---By ~Lr~ 'Mayor' Dated: r/' /r ,. Dated: ,) ~ / ~; :) ---+,--, .... , ------- -7- exercised so as to serve the transportation planning needs of Ventura County. However, in exercising common powers for transportation planning purposes, the Ventura County Association of Governments shall serve solely as a forum for the consideration of issues, the coordination of effort, and the insurance of public participation; the Association shall not serve as a performer agency. ADMINISTRATION OF THE AGREEMENT 4. The Ventura County Association of Governments is hereby formed and, pursuant to the provisions of Government Code section 6506, is designated as the agent to exercise the common powers provided for in this agreement and to administer or otherwise execute this agreement. The Ventura County Association of Governments shall do whatever is necessary to carry out the purposes of this agreement and shall make and enter into such contracts, incur such debts and obligations, assess contributions from its members, and perform such other acts as are necessary to the accomplishment of the purposes of this agreement. Insofar as serving as Transportation Planning Agency is concerned, the association shall contract with member agencies or other parties to perform all functions and complete all work products connected therewith, except for coordination of effort, serving as a forum for considera- tion of issues, and insuring public participation. The Ventura County Associa- tion of Governments shall constitute a separate public entity pursuant to the provisions of Government Code section 6507. The Ventura County Association of Governments shall be governed by a General Assembly with membership consisting of the Ventura County Government and each City Government which is a signatory to this agreement. Each member agency of the General Assembly shall have five votes in the General Assembly and each vote shall be vested in and be exercised by a city -3- councilman or county supervisor, as the case may be. The General Assembly may adopt such bylaws or procedures as it may find appropriate to govern its functions. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the General Assembly. FUNDS AND PROPERTY 5. The Treasurer of Ventura County shall maintain in a separate trust account all funds received by the Ventura County Association of Governments. Such funds shall be expended only in furtherance of the purposes of this agreement and standard accounting practices shall be used to account for funds received and disbursed. There shall be a strict accountability of all funds. The account books shall be open at all times during normal business hours to the inspection of any authorized representative of any party to this agreement. The Ventura County Association of Governments shall be operated on a fiscal year basis beginning on July 1 of each year and continuing until June 30 of the succeeding year. A qualified auditor shall be selected by the General Assembly. The auditor may, but need not be, the Auditor of Ventura County. The auditor selected shall perform an annual audit of the financial operations of the Association and shall prepare a statement of assets and liabilities, a statement of receipts and disbursements, and such other state- ments and reports as may be required by the General Assembly. A copy of the audit shall be disbursed to the parties to the agreement. Prior to May 15 of each year, the General Assembly shall adopt a final budget for the expenditures of the Association during the fiscal year. CONTRIBUTIONS 6. In preparing the budget, the General Assembly shall determine whether contributions appear to be necessary. If so, the estimated amount of -4- of the contributions shall be computed and each party hereto shall be informed of its estimated share by April 1. No Member shall be liable for any amount over and above the assessment or contribution levied at the commencement of each year. After the final budget becomes effective, the General Assembly shall determine the precise amount, if any, of the contributions which will be necessary, and the parties hereto shall be properly informed of their . respective contributions. Contributions shall be payable on or before June 15 for the fiscal year starting July 1. In addition to the contributions as determined in the preceding paragraph, advances of public funds from the parties hereto may be made for the purposes set forth in this agreement, and when such advances are made, they shall be repaid from the first available funds. The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances. All contributions and funds shall be paid to the Association and shall be disbursed by a majority vote of the General Assembly. ADDITIONAL PARTIES 7. Any incorporated city within the county may join the Association. Any such city so joining shall become subject to the terms of this agreement and shall be entitled to representation on the General Assembly as provided herein. The General Assembly shall establish such conditions for entry into the Association as will be fair to the new member and to all other members to this agreement. The governing board of the incorporated city that seeks to join the Association shall subscribe to this agreement. WITHDRAWAL 8. Any party hereto may withdraw from the Association by resolution of its governing body. Such withdrawal shall be made prior to May 1 of any -5- , .year and shall be effective only as of July 1 of the year withdrawal is made. If the debts and obligations of the Association exceed its assets and anticipated income at the time of withdrawal, withdrawal may be affected only after payment by the withdrawing party of its proportionate share of the net debt and obli- gations of the Association. TERMINATION 9. This agreement may be terminated by resolutions of the governing board of a majority of the parties to this agreement. The decision to terminate must be made prior to May 1 of any year. Termination shall become effective only upon July 1 of the year termination is voted. Upon termination all such claims against the Association shall be paid and the remaining assets distributed among the parties who have been members of the Association in proportion to the total contributions made by such parties to the Association. Dated: CITY OF OJAI Dated: By---2.~ !17,/Q~ Mayor CITY OF OXNARD Dated: Dated:___.._~-+-'--/; ___ &J/4_f-3 __ CITY OF THOUSAND OAKS (~ , By~LUsk~t..Q_, Mayor Dated: g' bs-/?3 ----.;., ~-~-------- -6-