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HomeMy WebLinkAbout55D - ORANGE COUNTY COUNCIL OF GOVERNMENTS REQUEST FOR COUNCIL ACTION _ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 16, 2010 TITLE: APPROVED ? As Recommended AGREEMENT WITH ORANGE COUNTY ? As Amended 5c ? Ordinance on 1 Reading COUNCIL OF GOVERNMENTS (OCCOG) ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Nearing For j CONTINUED TO ~2 ,f FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution executing an amended Joint Powers Agreement with the Orange County Council of Governments (OCCOG) and execute the attached JPA. BACKGROUND The Orange County Council of Governments serves as an official sub region of the Southern California Association of Governments (SLAG). The 40 member OCCOG agency provides a coordinated mechanism for Orange County cities to make policy recommendations to SCAG regarding regional plans and programs. Key work issues addressed by the OCCOG are: • protecting Orange County interests in the Regional Housing Needs Assessment (RHNA) allocation to local jurisdictions in the six- county SCAG region; • development of a growth forecast for local, countywide and regional planning efforts which is required by statute to be used in the RHNA allocations and for transportation planning; • providing input on new requirements relating to SB 375 and its Sustainable Communities Strategy which seeks to reduce greenhouse gas emissions by shifting future and higher-intensity growth near transit stations and facilities. 55D-1 Agreement With Orange County Council of Governments (OCCOG) February 16, 2010 Page 2 In 2009, the OCCOG Board of Directors completed a comprehensive revision to the original 1996 OCCOG Joint Powers Agreement. The amendments establish annual membership dues to assist in financing OCCOG operations and broadens the powers of OCCOG to retain staff and consultants to conduct its responsibilities as a SCAG sub region. Further, the amendment requires that any elected official that represents OCCOG at SCAG's policy committees be from a dues-paying OCCOG Member Agency in good standing. Staff recommends that the City of Santa Ana continue to be a Member Agency of OCCOG and recommends that the City of Santa Ana adopt the resolution to execute the amended OCCOG Joint Powers Agreement. FISCAL IMPACT There is no fiscal impact associated with this action. 55D-2 Jwf 2-4-10 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Orange County Council of Governments (OCCOG) serves as a Southern California Association of Governments (SCAG) subregional organization that represents the interests of Orange County in the consideration of SCAG plans, programs, policies and legislative platforms; and, B. The OCCOG was duly established by a joint powers agreement as a separate legal entity by and between thirty (30) founding member agencies between April 1996 and January 1998, with said member agency representation currently comprised of forty (40) public agencies; and with each member, by and through its legislative body, independently determining that the public interest, convenience and necessity required creation of a joint powers authority known as the OCCOG; and, C. The OCCOG Board of Directors recognized the need to amend and restate the original OCCOG joint powers agreement to: streamline and make consistent certain provisions relating to OCCOG between the provisions in the joint powers agreement and the provisions of the OCCOG bylaws; address updated references to member agencies and their voting on the OCCOG Board of Directors; add a provision to establish membership dues for member agencies; clarify the powers and limitations of OCCOG; and broaden the ability of OCCOG to retain staff and consultants; and, D. The OCCOG Board of Directors duly conducted a public meeting on the amended and restated OCCOG joint powers agreement on June 25, 2009 and unanimously adopted the amended and restated OCCOG joint powers agreement and authorized the transmittal of said amended and restated joint powers agreement to the OCCOG Member Agencies for execution by the legislative body of each Member Agency; and, Resolution No. 2010-XXX 55D-3 Page 1 of 3 E. In the conduct of its business, the OCCOG has further established bylaws which govern the effective and efficient conduct of the OCCOG, with the founding OCCOG bylaws adopted on May 17, 1997; and, F. The OCCOG has concurrently undertaken a comprehensive assessment and revision to its adopted bylaws, in consultation with the OCCOG Board Ad Hoc Bylaws Subcommittee and the Orange County City Managers Association OCCOG Oversight Committee; and, G. The OCCOG Board of Directors, at its meeting of June 25, 2009, reviewed, considered and adopted a comprehensive technical and policy revision to the OCCOG bylaws to further define the operation of the OCCOG; and, H. The revised OCCOG bylaws effect such changes as refining OCCOG board membership and voting provisions, authorizing membership dues; requiring that OCCOG board members be from dues-paying member agencies in good standing; and achieving a consistency between the provisions of the OCCOG joint powers agreement and the OCCOG bylaws; and, I. The 2009 amendment to the OCCOG bylaws provides a comprehensive technical and policy revision to the OCCOG bylaws, which are consistent with a 2009 amended and restated OCCOG joint powers agreement. Section 2. The City of Santa Ana hereby approves the amended and restated OCCOG joint powers agreement as adopted by the Orange County Council of Governments on June 25, 2009, a copy of which is on file in the Office of the Clerk of the Council and incorporated herein by this reference. Section 3. The City Manager is hereby authorized to execute the amended and restated OCCOG joint powers agreement, and transmit the signed OCCOG joint powers agreement to the OCCOG Interim Executive Director. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor Resolution No. 2010-XXX Page 2 of 3 55D-4 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2010-XXX 55D-5 Page 3 of 3 55D-6