HomeMy WebLinkAboutAGENDA REPORT 1992 0701 CC REG ITEM 11E. r ,
(e77,
MOORPARKITEM
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M
'OR ?ARK, CALIPOPN "A
ly Council Meetng
TO: Honorable City Council
FROM: Mary Lindley, Assistant to the City Manager i4)
DATE: June 23, 1992 (July 1 Council Meeting)
SUBJECT: Consider Support for the Ventura County Council of
Governments
Summary
Council is in receipt of the Joint Powers Agreement (JPA) for the
formation of a Ventura County Council of Governments (COG). The
COG Steering Committee is requesting Council's approval of the JPA
and designation of a city representative.
Background
The State Legislature and the Governor are considering options that
would provide for the formation of regional government structure
for the purpose of regional planning. There has been discussions
at the State level that suggest that the mechanism of choice would
be the existing Association of Governments. For the Ventura County
this would be the Southern California Association of Governments
(SLAG). In an effort not to be grouped with Los Angeles County,
Ventura County jurisdictions have taken a proactive stance and
initial steps to form a countywide council of governments. To that
end a Regional Council of Governments Steering Committee was
formed. Moorpark is represented on the Steering Committee by Mayor
Lawrason.
A joint meeting of councilmembers from the ten cities and Westlake
and Agoura Hills and the Board of Supervisors was held in January
PAUL W LAWRASON JR JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M PEREZ ROY E TALLEY JR.
Mayor Mayor Pro Tem Councdmember Councdmember Councilmember
Ventura County Council of Governments
June 23, 1992
Page 2
to discuss various issues in relation to the formation of a Ventura
County Council of Governments. As a result of the January meeting
and further detail work by the Steering Committee the COG is
proposed to be formed with the following characteristics:
Mission - To provide a vehicle for jurisdictions to
engage in regional, cooperative and comprehensive
planning. In addition, to provide a regional
organization for the review of federal and state projects
which involve the use of federal and state funds.
Membership - The Executive Board would be comprised of
one elected official from each city and the five members
of the Board of Supervisors. The cities of Agoura Hills
and Westlake Village will be invited as members with
limited voting powers. VCTC and the Waste Commission
will be ex- officio members.
Voting - Each member will receive one vote. Action taken
by the governing body must be by not less than a majority
vote of the total voting membership of the governing
body. The cities may use an alternate who is also an
elected official. Each Supervisor may vote by proxy
twice in one year. A Supervisor may be a proxy of only
one other Supervisor at any one given time. Westlake and
Agoura may only vote on matters of direct concern.
Staffing.-& -Funding - The COG would ultimately be staffed
by an Executive Director and other necessary staff.
Membership dues would be kept to a minimum. Dues would
be based on a split of the Executive Board representation
and population, with the County paying approximately 290
of the determined dues and the cities dividing the
remainder based 50% on population and 50% equal shares.
The COG would explore the use of regional transportation
and planning funding sources before accessing member
dues.
There has been a significant development since the January meeting
that requires quick action by each jurisdiction. SCAG is
proceeding with the federal and state mandated Regional
Comprehensive Plan for the 38,000 square mile Southern California
Region which includes Ventura County. The Plan, which is expected
to be the blueprint for managing the growth and resources in the
region, will contain policies and guidelines for local and
Ventura County Council of Governments
June 23, 1992
Page 3
subregional planning programs and will directly impact Ventura
County jurisdictions. If we as a COG do not act quickly, SCAG will
take responsibility for the preparation of the first four elements
- housing needs, population projections, urban land use issues and
transportation. Funding in the amount of $300,000 to $500,000 is
available for the development of the Plan elements, but to be
eligible the region must operate as a legally recognized agency.
In order to act on the Regional Comprehensive Plan in a timely
manner the Steering Committee is requesting at each jurisdiction
designate its COG representative to attend the first scheduled
meeting on July 16 at 5:30 in Camarillo. -
Recommendation
Staff recommends that Council approve, in concept, the Joint Powers
Agreement for the formation of a Ventura County Council of
Governments and designate a City representative to the Executive
Board of the Ventura County Council of Governments.
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TABLE OF CONTENTS
(VMM% RA 70TNT POWERS AUTHORITY AGREII MT)
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Section
1.
Recital$ . a . .
. 1
Section
2.
Creation of Separate Entity . . . . . .
2
Section
3.
NOW . . . . . . . . . . . . . . . . .
2
Section
4.
Purpose of Agency
o
section►
S.
_- creation of Governing Body .' . , ; a- .
d. city Entities. Designation of Regular
Members and Alternate. City Members of
Governing Body . . . . . . . . , ,
b• County. Designation of County mWWere of
Governing Body . . it . . . . . . , . .
a. Eligibility . . . . . . . . .:. -. . . . .
- 3
. 3
. , 3
. . 4
SaCtib]i
6.
Common Powers . . . . . all . , . , . . , , .
. 4
Section
7.
Use of Public Punds and Property . . . . . . .
. . e
Section
$.
Governing Body. Functions . . , , . . 0 9 9 0
at Voting . . . . . . . . . . . . . . .
b. Participation of Alternates . .
v. Proxy Voting . . . . . . . . . . . .
d. Voting by Certain Entities
a, Quorum . . . . 4
to Committees. . . , _
g. Actions . . . a
9 5
. 5
5
. . g
6
7
y
7
Section
9.
Duties of the Governing Body . . . . . . .
. 7
section
Zoo
Roberts Rules of order . . . .'. . .
$
Section
11.
Meetings of Governing Body . . ,. . ,', -1
0 0 8
section
12.
Election of Chair and Chair -Elect . . . .
. , g
Section
13.
Designation of Treasurer and Auditor . . . .
10
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Section
14.
Agency Treasurer . . . . . . .
.
10
Section
15.
Designation of Other Officers
and Employean
11
Suction
16.
Obligations of Agency . . . .
. . . . . . . . .
11
Section
17.
Agency Powers. Exercise of .
. . . . . . . . .
11
Section
18.
Control and Ynvestment of Agency Funds
12
Section
19.
Tam . . . . . . . . . . . . ,
. . , .
12
Section
20.
Application of Laws to Agency
Ilunctioas
12
Section
21.
Members of Agency . . . , . .
. . . .
12
a. Withdrawal . . . . .
. . . . . . . . .
12
b. New Members . . . . .
. . . . . . . . .
13
Section
22,
Interference With function of
Members
13
Section
23.
Dues of Members . . . . . . .
. . ,
13
Section
24.
Issuance of Bonds . . . . . .
. , ,
15
Section
254
Disposition of Assets . . . .
. . . . . . . .
15
Section
26,
Effective Date . . .
. , . . .
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AGRB�iI'1NT
(VENTURA JOINT POWERB AMMORITY)
This Agreement (11Agreement "), ire made and entered into by
and. between the public entities '(collectively, "Entities") whose
names are not forth on Exhibit A, attached hereto and
incorporated herein by this reference, pursuant to seotiQn 6500
At Me, of the Government code, and other applicable law:
The parties hereto do agree as follows:
section 1. Recitals. itals. Thia Agreement is made and
entered into with respect to the following facts:
a. That theme is an urgent need for area wide
planning and coordination between the Entities whose collective
jurisdiction is in, and /or immediately adjacent to, the county of
Ventura ( "County "); and
be That the public interest requires that all
Phases of development and redevelopment within the political
bowsdaries of the Entities must necessarily be coordinated, which
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can be accomplished only by means of a Joint Powers Agency
involving the active participation of all of the Entities; and
CV That each of the Entities, by and through its
lagisiati,ve 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 th• lagislative body of each of the
Entities has independently determined that the public intereat,
convenience and necessity require the execution of this Agreement
by and on !behalf of the said Entities.
Section 2. Creation of Separate LagaT F ity. It is
the intention of the Entities to create, by means of this
Agreement, a separate legal entity within the meaning of Section
6503.5 of the Government Code. Accordingly, there ie'hareby
created a separate legal entity which shall exercise its powers
in accordance with the provisions of this o'oint Powers Agreement
and applicable law (hereafter "Agency ").
Section 3. Hg. The name of the Agency &hall be
VTo be determine_.
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Section 4. impose of Agel3ev, The purpose of the
creation of the Agency is to provide a Vehicle for the Entities
and other interested persons, 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 forma.
Section S. 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. f1ty Antities. 0s10ati.on Of Re ar X=he «Q
and Alte_ra± ate City Member8�ef Governing 8ocfv. One parson 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. C-OuntY . C..0919nation of C_ ty Metal, rsz : f
yer»fna �°d�v. Each of the five (5) members of the Board of
Supervisors of the County shall serve as members of the Governing
Body ( "County Members"). The County shall not ba authorized to
designate or Beat alternate members to the Governing Body.
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C. Zjj!;jibility. No person shall be eligible to
Serve as a Regular City Member, an Alternate City Member, or a
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 legi8letive body of one of the
appointing Entities or a duly appointed or elected member of the
Board of Supervisors of the County. Should any person serving on
the Governing Board fail to naintain.the status as required by
this Section, 51 that person's position on the Governing Board
shall be deemed vacated as of the date such person coaxes to
qualify pursuant to the provisions of this section, 5.
section 6. Common Powers. The agency shall have, and
auarci,se the following powers:V
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Section 7. Use of Public i•' 4nds and Pr2g.=g. The
Agency shall be empowered to utilize for its purposes, public
and /or privats runds, property and other resources received from
the Entities and /or from other sources. Subject to the_approvttl
of the Governing Body of Agency, the Entities shall. participate
WA statement of "Co=on Powers" is; to be inserted based upon the
elected officials determination.
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in the funding of the Agency in such a manner as the Governing
sedy 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 Vntities to pr4Yide in kind
services, inoluding the use of property, in lieu of devoting cash•
to the funding of the Agency's activities.
Section 8. 2ernina Bogy.etiens.
a• V 1ncf* Except as exprsssly otherwise provided in
this Section, 8, persons. seated on the Governing Body shall be
Obtitlod to east A vote on matters pending before; the Governing
Body, only it such person is physically preaent at the meeting of
the Governing Body.
b• p. jnation of A rna eg A city AZtarnaxe
Member may participate in the proceedings of the Governing Body
onlY in the absence of that Entityls Regular City Member.
at Pr—potina No absentee ballot or proxy shah be
permitted, except that a county Member may cast a vote by proxy
on matters pending before the Governing Body only in compliance
Frith the following:
(1) such proxy is in writing signed by the County
Member whose vote is to be cast by proxy;'and
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(2) no such vote by proxy may be cast by a County
Member unless at least three (3) of the five (5)
county Members are physically present at the
meeting-of the Governing Body at the time the
proxy is to be exercised; and
(3) not more than one (1) proxy may be given to a
County Member by another County Member at any
meeting. or the Governing Body; and
(4) a County Member may authorize x proxy at not
more than two (2) meetings of the Governing Body
in any twelve (12) month period.
(d) Votingby_Certain Entities. The Regular and
Alternate Members of the Governing Body seated by the cities of
Agoura Hills and Westlake Village, shall participate on all
matters pending pefore the Governing Body, except that the
Regular and /or Alternate City Members seated on the Governing
Body by Agoura Hills and Westlake Villxga, shall not be entitled
to cast a vote on any matter pending before the Governing Body
which is not a matter of direct concern to the cities of Agoura
Hills and Westlake village, respectively. Yf a question is,
raised by a member of the Governing Body, as to whether a matter
pending before the Governing Body is a matter of such diroct
concern, the Governing Body by A vote of not less than a majority
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of members of the Governing Body present shall determine whether
such a matter is of direct concern to either or both Agoura Hills
and westlake Village. The determination made by the Governing
Body shall be final and conclusive on such issue.
(s) Quorum. A quorum of the Governing Body shall
consist of not less than fifty percent (501) plus one (1) of its
total voting membership.
(f) 92MIttees. As needed, the Governing Body may
Create permanent or ad hoo advisory committees, to give ndvica to
the Governing Body on such matters as may be referred to such
committee by the Governing Body. such a committee shall ramain
In existence until it is dissolved by the Governing Body.
Qualified persons shall be appointed to such committees by the
Governing Body and each such appointee shall serve at the
pleasure of the Governinq Body.
(q) gcti2ns. Actions taken by the Governing Body shall
be by not less than a majority vote of the total votinq
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. 2aties of the Governing Bodjv,. The
Governing Body shall be deamod, for all purposes, the policy
making body of the Agency, All of the powers of the Agency,
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except ac may be expressly delegated to others pursuant, to the
provisions of this Agreement, the Coverning Body's Bylaws or by
specific action of the Governing Body, shall be exercised by and
through the Governing Body.
section 10, Roberts Rules of CLrAeX. The substance or
Roberts Rules of Order shall apply to proceedings of the
Governing Body, except as may otherwise be provided in this
Agreement, the Bylaws or applicable law.
Section 11. Meatinas 99 Governing Body. The Governing
Body shall, by means of the adoption of Bylawa, establish the
dates and times of regular meetings of the Governing Body. Its
regular meetings shall be hold not lose than once per calendar
month = during tho 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,Elec . Except
as other wise provided in this Section, 12, annually at its
regular meeting in January the Governing Body shall select one of
its numbers to hold the position of Chair of the Agency and a
second member of the Governing Body to hold the position of
Chair -Elect of the Agency.. The Chair shall be the chairpe ion of
the Agency Board and shall conduct all meetings of the Governing
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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
Agxipement, by the Chair, the Governing Body and the Bylaws.
. At the first organizational meeting of the Governing
Body, a member of the Governing Body shall be elected 4a Chair of
the Governing Body'and a tember of the Governing Body shall be
elected an chair - Elect of the Governing Body, for terms expiring
on the data of they first regular meeting oz the governing Body
held in. the month of January 1994.
At the first regular meeting of the Governing Body in
3'anuary of 1994, the person holding the position of Chair -Elect
shall be deemed elected to the position of Chair of the Governing
Body and shall serve as Chair for a term of ons (1) year. At the
first regular meeting held in January of 1994, 4 member of the
Governing Body shall be elected to the position of Chair -Elect by
the Governing Body. Thereafter, a member at the Governing Body
shell be elected annually to the position of Chair -Elect at the
first regular meeting of the Governing Body hold in January'of
each calendar year during the term of this Agreement. Eaoh
person elected to the position of chair -Elect shall autom4tically
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succeed to the position of Chair following the election of a _.
member of the Governing Body to the position of chair- Elect.
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.
When the position of Chair is hold by a County Member no
other County Member shall be eligible to hold office as Chair -
Elect. _
Section 13. Daaianation 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 Sts 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 Agetioy, The compensation, if any, of a
person or persons holding the office of Treasurer and Auditor
shall be as not by the Governing Body of the Agency.
Section 14. At"cy Treasurer. The person holding tha
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 an *say be imposed by
applicable law, including those duties described in Section
5505.5 of the GOVernment Cods, and such duties as may bo roV fired
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by the Governing Body. The Agencytg Auditor shall perform such
functions as may be required by this Agreement, the Bylaws and
direction of the Governing Body.
section Is. -Other Officarm and
=10y -as'. - -
. The Governing Body may employ such other officers or
euPloydes.an it deems appropriate and necessary,to conduct the
affairs of. the :AgenGy, The Governing Body. shall appoint a
qualified person -who is-not a Member of the Governing Board, - to
serve in the position of Executive Director of the Agency. The
Executive Director shall perform such duties as may be imposed
upon that parson by this Agreement, the Bylaws, other applicable
lair end /or express direction of the Governing Body.
Section 16. obligations of Age_=. The debts,
liabilities and obligations of the Agency shall not be the debts,
liabilities or obligations of any of its Members. No Member of
the Agency shall be responsible, directly or indirectly for any
obligation, debt or liability of the Agency, Whatsoever.
Section 17. Agancv Powers. Exarraifie o . The Agency
shall have all of the express powers set forth in Seetign 6500 St
&U., of the Government Code, and other applicable'14wo and this
AgreQMent• The Agency shall, in addition, have all implied
powers necessary to perform its functions. it shall exercise its
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powers only in a manner- consistent with the provisions of this
Agreement, the Bylaws and applicable law.
section 18. =tr_ol and Investitgnt of Agency Funds.
The Governing Body 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 respecta, with all
provisions of applicable law.
Section 19. Term. The Agency created pursuant to thia
Agreement shall continue in existence until such time as this
Agreement is terminated. This Agreement spay not be terminated
except by en affirmative vote of not less than two - thirds (2/3)
of the total voting membership of the Governing Body.
9e0tion 20. Application 4g Laws -to Agency Funct onn.
Agency shall comply with &11 applicable laws in the conduct.of
Its affairs, including, but not limited to, the Ralph M. Brown
Act (Section 54950 21 M. I of the Goverrment code) .
section 21. Rembers of Aganna,
a. Wit=ayal. No Member of the Agency shall be
permitted to withdraw from Membership in the Agency, except upon
an affirmative vote by not less than two - thirds (213) of the
total voting membership of the Governing Body. if the Governing
Body permits a Member, for good cause, to withdraw from
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membership, the Governing Body shall specify the terms and
conditions of such withdrawal; and
b. New Meabgra. 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 wheat
jurisdiction lies within, and /or immediately adjacant to, the
boundaries of the County of Ventura. Admission to membership
shall be subject to such terms and conditions as the Governing
Body as may deem appropriate.
Section 22. Interference WithtnntiQn of M ,nl,rzra,
The Governing Body shall not take any action which constitutes an
interference With the exercise of lawful powers by a Member of
the Agency..
880tiOh 23. Du 9 of Memborg. The Members of the
Agency shall be reaponsible for-the payment to the Agency,
Annually, of dues in the total aZOUnt8 periodically budgeted by
the Governing Body for the operating costa of the Agency as
follows:
a. One -third (1 /3) of all dues shall be born* by
the county; and
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JUN -25 -1992
17:45
FROM CITY MGR'S OFFICE
TO
15!50
X92132362700
BUS LA MAIN
MOORPARK P.17i18
Q01"19
b. The remaining two - thirds (213) of the dues
shall be borne by the'City Entities in accordance with the
following formula:
(1) one -half (113) of the sums the City Entities are
required to pay to Agency pursuant to subdivision b of
this section, 33, shall be divided, equally, amongst the
City Entities;._and
(2) -The-remaining sums the City Entities are required to
pay to Agency pursuant to subdivision b of this Section,
23, shall be apportioned between all of the City
Entities, by a percent equal to the percentage the then
population of each City Entity bears to the then
population of the County.
The population figures utilized for the purpose of the
above formula skull. be those population figures established by
the Federal Census, or•a state conducted Special Census,
whichever is most recant, as of June 30th Of each calendar year
during the terra of this Agreement, commencing on June 30, 19
By way of illustration, if, as of Jude 30, 1996, the population
Of city Entity X is 640,000, as established by a State conducted
Special Census, and the population of the County on said date,
based upon the 1990 census is 640,000, City X shall pay ton
percent (10 %) of the total sum to be paid to the agency by all of
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JUN -25 -1992 17:45 FROM CITY MGR'S OFFICE TO
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MOORPARK P.1e/1B
11019/019
thQ City Entities pursuant to subsection 2', subdivision b of this
Section, 23, to fund the Agency during the fiscal year commencing
on July 1, 1996.
Section 24. Issuance of BOIlds, The Governing Body
shall be permitted to issue bonds or other evidence of
indebtedness pursuant to the provisions of Section 6540
Of the Government Code and /or any other applicable law.
Section 25._ IZiseealtfen e� AstiQts. Upon termination
of this Agreement, after the paymont of all Obligations at the
AgsncYt any assets remaining shall be distributed as follows:
(1) one -third (1/3) to the County;
(2) The remaining tWo- thirds (2/3) to the other Entities
ire proportion to the then obligation of those rntities
obligation to participate in the funding of the Agency as
provided in Section 23 hereof.
Section 26.. t ate. The effective date of
this Agreement shall be
, 1992.
That the Members of this Joint powers Agreement have
caused this Agreement to be executed on their behalf,
raspectively, as follows:
(SIGNATURE LIST TO FOLLOW)
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