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11 JPA OCCOG 05-20-96
DATE: MAY 20, 1996 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT Consideration of a Joint Powers Agreement (JPA) for the formation of an Orange County Council of Governments (OCCOG) Summary: Approval of the Joint. Powers Agreement (JPA) for the participation in an Orange County Council of Governments would give the City of Tustin, in conjunction with other jurisdictions, the optimal ability to influence regional and subregional issues affecting the City. To date, 11 cities have approved, their participation in the JPA, and a total of 26 are expected to consider and approve participation by June 1996. Recommendation: That the City Council authorize the Mayor and City Clerk to execute the Joint Powers Agreement establishing the Orange County Council of Governments. Background and Discussion: Need for the Formation of an Orange County Council of Governments (OCCOG) During the past year, several Orange County cities, the Orange County Division of the League of California Cities, the Orange County City Managers' Association and the Regional Advisory and Planning Council (RAPC) have been exploring the feasibility and advantages of forming an Orange County Council of Governments (OCCOG) to increase coordination among governmental agencies and to improve the efficiency and effectiveness of local governments countywide and within the southern California .region. Subsequent to the County's bankruptcy, Orange County Cities assumed a lead role in developing solutions to assist in the recovery of County government. Cities, which represent 94 percent of the population of Orange County, were quick to develop mechanisms addressing issues related to governmental restructuring, privatization of services, sale of County assets, and development of a county charter. During Orange County cities efforts to assist with the County recovery, various participants identified that a Council of Governments could provide a single forum at which cities and other agencies, could discuss issues of mutual concern, build consensus and pursue innovative and effective solutions to matters that are of countywide concern. JPA for the Formation of an L ,.)G: May 20, 1996: Page 2 Orange County Division of the League of California Cities. Support On September 14, 1995, the Orange County Division of the League of California Cities adopted a report from its Restructuring Supercommittee, comprised, of elected officials participating in three subcommittees to examine issues of privatization, a county charter, and service delivery. A COG was recommended by the Subcommittee on Services Delivery as a forum where continued restructuring discussions could occur, and also as a potential entity for the delivery of regional services should longer-term restructuring of the County actually occur. Regional services were defined as those services that are not municipal in nature or specifically assigned to county government as an implementing arm of federal and state government. As a follow-up to the recommendations of the Restructuring Supercommittee, the Division's .Executive Steering Committee, in developing its annual Strategic Plan, identified the formation of a COG as one of its top priorities for 1996. The Strategic Plan was adopted by the full Division membership in January 1996. City Manager's Regional Issues Task Force Support In addition to the Supercommittee's recommendations for a COG as a potential longer- term services delivery entity, a City Manager's Regional Issues Task Force has been meeting since March 1995 to examine avenues for improved coordination on regional activities within Orange County and the southern California region. The Task Force's focus was different than that of the Restructuring Supercommittee. Specifically, the Task Force looked to find ways to augment Orange County's standing among regional and subregional entities that impact the development and implementation of'regional issues policy in southern California. In May 1995, the Task Force issued a report to the President of the Orange County Division, recommending a COG as an entity to fulfill this role. The City Managers also recommended that a process for establishing a COG be developed. In February 1996, the Task Force approved a proposal to form a COG consistent with the materials provided as Exhibits A-E to this report. Components of the OCCOG Proposal The detailed components of the Joint Powers Agreement are included as Exhibit A; and, other supporting documents are attached as Exhibits B-E. The JPA addresses issues such as membership, benefits, duties, funding and staffing and are briefly described below. The OCCOG proposal brings together representatives into a single, voluntary, forum unlike any that exists in the state. The OCCOG proposal also includes representatives from the private sector, universities, and governmental entities so that issues discussed within the OCCOG forum are thoroughly examined by a number of disciplines and perspectives. This proposal is unique in that the OCCOG would be the only organization of this nature in the state to include single and special purpose agencies, businesses and educational institutions. JPA for the Formation of an O¢, '~: May 20, 1996: Page 3 Proposed Representation on the OCCOG Entities that will be represented on the Board and their respective voting ability are as follows: Entity No. of Voting Members · Orange County Division League of California Cities · County of Orange · Orange County Transportation Authority · Orange County Transportation Corridor Agencies · Orange County sanitation Districts · Orange County ISDOC/VVaterAgencies Representative · Orange County Cities Representative to the AQMD · County of Orange Representative to the AQMD · Orange County Delegates to SCAG · At-large Orange County Cities Member · Private Sector Representative (Non-voting) · University Representative (Non-voting) 1 1 1 1 1 1 1 1 12 1 1 Total Members 21 voting 2 non-voting Benefits of Developing a COG The specific benefits, purposes and functions of the COG are identified in Attachment A. Briefly, the formation of and participation in an OCCOG could provide the following benefits' Approval of the Joint Powers Agreement for the formation of and participation in an Orange County Council of Governments would give the City the optimal ability to influence regional and subregional issues affecting the City. For example, the COG would unify Orange County jurisdictions to address issues related to air quality attainment strategies, SCAG's mandated regional plans, regional/subregional legislation, developing cooperative relationships with the private sector, establishing regional housing needs assessments, and developing demographic data for use by members for regional/subregional studies and planning activities, A COG would establish Orange County cities as a collective entity thereby improving Orange County's ability to be represented in the southern California region, the state, and the nation on issues and matters that collectively affect the County's interests. A COG would provide an organization capable of conducting studies and projects designed to improve and coordinate common government responsibilities and services on an areawide and regional basis. JPA for the Formation of an, ,OG: May 20, 1996: Page 4 A COG would provide for a diverse membership that is unique to most California COGs thereby allowing for subregional consensus building on a wide range of activities. A COG could provide a process for Orange County to identify issues, obtain regional funding, and develop countywide solutions. Participation in the OCCOG would not remove the City's control over local issues or concerns. Individually, the City currently does many of the tasks and analyzes many of the issues the COG would address. However, the COG will be able to take advantage of economies of scale in completing these functions. The City's commitment to participate in the OCCOG would not eliminate or reduce the City's control of land use decisions or the general planning process. Agency Participation The County Board of Supervisors has not taken a formal position on the establishment of the OCCOG; however, the County has stated that the most appropriate body to address restructuring should involve the County as the lead agency. The 31 City Councils within Orange County are currently considering participation. To date, 11 cities have approved their participation in the JPA, and a total of 26 are expected to consider and approve participation this by June. The OCCOG will exercise joint authority until the termination of the agreement. Participant agencies have the option to withdraw from participation with 90 days notice. J~i$C:a~ lmjO,~C't; There are no direct fiscal impacts associated with joining the Orange County Council of Governments. The League of California Cities -- Orange County Division will be the primary staffing support and support will also be provided by the Executive Management Committee, the Technical Advisory Committee, the Private Sector Task Force, and other committees as deemed necessary. Funding from the COG's operations will be via funds provided to Orange County from the Southern California Association of Governments, grants and other sources authorized by the COG's Board of Directors. Elizabeth A. Binsack Community Development Director JPA for the Formation of an OC : May 20, 1996: Page 5 Attachments: Exhibit A -- Joint Powers Agreement Exhibit B -- Resolution 1-96: A Resolution of the Orange County Division, League of California Cities Supporting the Formation of an Orange County Council of Governments. Exhibit C -- Questions and Answers about an Orange County Council of Governments Exhibit D -- Summary of Typical COG Roles and Responsibilities Exhibit E --Key Dates: eab \occog.fnl Exhibit A Joint Powers Agreement JOINT POWERS AGREEMENT ESTA2~LISHING THE ORANGE COUNTY COUNCIL OF GOVERNMENTS This presentation reflects the Agreement made between the (list all members) hereinafter collectively or individually referred to as "Member Agencies." RECITALS A. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two (2) or more public agencies to jointly exercise any power common to them. B. Each Member Agency and party to this Agreement is a (governmental) entity established by law with full powers of government, in legislative, administrative, financial and other related fields. C. Member Agencies realize the urgent need for areawide planning and coordination in order to provide advice to public entities on a range of issues that affect multiple interests.. D. Member Agencies believe that the joint exercise of their powers will provide an organization capable of conducting studies and projects designed to improve and coordinate common governmental responsibilities and services on an areawide and regional basis through the establishment of an association of governments. E. Member Agencies wish to create a unified subregional organization which will improve Orange County's abilities to be represented in the southern California region, the State of California and the nation on issues and matters that affect collective Orange County interests. F. Member Agencies believe that an Orange County Council of Governments is best suited to accomplish the preparation of a subregional plan components mandated by state and federal law, conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an areawide and regional basis through the establishment of a council of governments,, and explore areas of intergovernmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, Member agencies agree as follows: SECTION 1 ES TABL I SHMENT There is hereby created an organization known and denominated as the Orange County Council of Governments (OCCOG) which shall be a public entity, separate and apart from any member city or county. The Orange County Council of Governments shall be governed by the terms of this Joint Powers Agreement and the Rules, duly passed and adopted by the Board. SECTION 2 PURPOSE AND FUNCTIONS 2.1 Functions OCCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. In addition to the specific functions described in Exhibit I to this Agreement, the COG shall- Serve as a forum for consideration, study and recommendation on areawide and regional problems; b · Assemble information helpful in the consideration of problems peculiar to Orange County; C o Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of its members; de Seek economies of scale whenever practical in the administration of governmental services; When authorized, OCCOG shall have the power in its own name to do any of the following. To exercise jointly the common powers of its members to manage and administer any Implementation Agreement or program; b. To make and enter into contracts; C · To contract for the services of engineers, planners, financial consultants and others and apart therefrom to employ such other persons, as it deems necessary; d· To adopt rules, regulations, policies, bylaws and procedures governing the operation of OCCOG; e · f · ge To apply for grants under any federal, state, regional or local programs as needed to achieve member objectives; To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; To the extent not specifically provided in this Agreement, to exercise any powers authorized by the' member interests to achieve the OCCOG's objectives. SECTION 3 ORGANIZATION 3.1 Membership The parties to OCCOG shall be each public entity which has executed or hereafter executes this agreement, or any adenda, amendment, or supplement thereto, and which has not, pursuant to provisions hereof, withdrawn from the OCCOG. Other entities within Orange County may petitiOn to become a member of the OCCOG by submitting to the Board of Directors (The Board) a resolution adopted by its governing body. The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board, the petitioning entity shall become a member of the OCCOG. The names and addresses of the member parties at any time shall be shown on Exhibit 2, attached, as amended or supplemented from time to time. 3.2 Withdrawal from Membership' Any member of OCCOG may, at any.time, withdraw from the OCCOG. The withdrawal of a member entity shall become effective ninety (90) days after a resolution adopted by its governing body which authorizes withdrawal is received by the OCCOG. 3.3 Successor Agency The Orange County Council of Governments is hereby designated the successor in interest to the Orange County Regional Advisory and Planning Council (RAPC). SECTION 4 BOARD OF DIRECTORS 4.1 Board of Directors and Voting Ail functions of the OCCOG shall be exercised by the Board of Directors. Recognizing the prOvisions for formation in Section 9.1 of this agreement, the Board would ideally be composed Of elected officials and ex-officio (non-voting) representatives of the following entities: Entity No.of. Voting Members Orange County Division, League of California Cities 1 County of Orange 1 Orange County Transportation Authority 1 Orange County Transportation Corridor Agencies 1 Orange County Sanitation Districts 1 Orange County ISDOC/Water Agencies Representative 1 Orange County Cities Representative to AQMD 1 Orange County Representative to AQMD 1 Orange County Delegates to SCAG 12 At-large Orange County Cities Member '1 Private Sector Representative (non-voting) 1 University Representative (non-voting) 1 Total Members Voting 21 Non-Voting 2 4.2 SCAG District Representatives For OCCOG members who are appointed as SCAG district representatives, participation/membership in SCAG is not a prerequisite for OCCOG membership. For SCAG District representatives to OCCOG who are not members of SCAG, OCCOG membership will be determined by the jurisdiction(s) that constitute the SCAG District. This applies to both City and County representatives. 4°3 AQMD Governing Board Representatives The AQMD representatives to OCCOG shall be the Orange County Cities and the County of Orange representatives to the Governing Board of the South Coast Air Quality Management District. Should the Cities AQMD Governing Board position be vacant, the vacancy on OCCOG shall be filled through the City Selection Process of the Orange County Division, League of California Cities. Should the County's AQMD Governing Board position be vacant, the vacancy on OCCOG shall be filled by the Orange County Board of Supervisors. 4.4 Appointments by Member Agencies OCCOG representatives for the County of Orange (1 member), the Orange County Transportation Authority (1 member), the Orange County Transportation Corridor Agencies (1 member), and the Orange County Sanitation Districts (1 member) will be appointed by these agencies' governing boards. The representative (1 member) from the Orange County Division, League of California Cities will be appointed by that organization's Executive Steering Committee. The at-large representative of the Orange County Cities will be selected annually by Orange County cities through the City Selection Committee. The Independent Special Districts of Orange County (ISDOC)/water agency representative will be determined by its Board of Directors. 4.5 Private Sector Representation An ex-officio, non-voting representative from the private sector (as determined by the OCCOG) will be determined by that private sector entity. 4.6 University Representation An ex-officio, non voting representative from the major universities in Orange County (UCI, CSUF and Chapman) will be selected from these institutions. This representative will be rotated among these universities on an annual basis based on the above-listed order. 4'.7 Terms/Removal With the exception of the Cities at-large member .(who is appointed annually), and the university representative, Board members serve at the pleasure of the appointing entity. 4.8 Vacancies/Alternates If a person who has been appointed as a director ceases to serve as a member of the appointing entity, he/she shall no longer serve on the OCCOG Board. The appointing entity is encouraged to fill vacancies as expeditiously as possible to ensure representation on the voting Board of Directors. Each Board member can designate an alternate, provided that said alternate serves a similar capacity in the entity as the Board Member (i.e., elected officials for voting members). Alternate directors shall receive all meeting notices and written material sent to directors and shall have the right to participate and vote at meetings of the Board in the absence of the director for whom the alternate director serves. Ail provisions of law relating to conflicts of interest that apply to a director shall apply to an alternate director. 4.9 Ex-Officio Representatives Such representatives shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. 4.10 No Dual Representation It is recognized that elected officials often represent various agencies by serving on various boards, committees, etc. In instances where elected officials represent more than one OCCOG member agency, the official will choose one agency to represent. When an elected official is the sole representative of any agency, the elected official shall represent that agency on the OCCOG Board of Directors. Procedures for filling open OCCOG member positions will follow those described in Sections 4.2, 4.3 and 4.4. 4.11 Officers Chair: The Chair of the Board shall be elected annually at the first regular meeting of each calendar year. Amy director may be authorized to represent the Board upon approval by the Chairman. Vice Chair: The Vice Chair of the Board shall be elected annually at the first regular meeting of each calendar year, and have all the powers to act in the place of the Chair in the Chair's absence. 4.12 Quorum The majority of appointed voting directors shall constitute a quorum for acting on the business of the Board. If such number of Board members is an even number, a majority shall be one more than half the number of appointed directors to the Board. 4.13 Meetings Regular Meetings: Regular meetings of the Board 'shall be held every month according to a schedule approved by the Board at its first meeting each calendar year. Special Meetings: Special meetings may be called by the Chairman or a quorum of Board Members. Brown Act: Ail meetings shall be called and conducted in accordance with the Ralph M. Brown Act. 4.14 Bylaws Bylaws providing additional details pertaining to the conduct of OCCOG and its support structure will be established and approved by the OCCOG Board. SECTION 5 STAFFING, FUNDING AND ADDITIONAL RESPONSIBILITIES 5.1 Staffing The League of California Cities, Orange County Division, shall serve in a lead capacity in coordinating staff resources among member entities to accomplish OCCOG work efforts and assignments. Member entities recognize that OCCOG tasks will often benefit from "in-house" expertise, thus will work to coordinate with individual member entities for the provision of staff to assist in the completion of assigned tasks and to minimize operational costs. Private sector contract assistance can be managed by either OCCOG or the member agencies. Support to OCCOG shall be provided primarily through the following structures: a. Executive Management Committee (EMC) : The EMC will be comprised of executive directors of the member agencies as well as five City Managers as appointed by the President of the Orange County City Managers Association. The EMC will enable executive and management-level review and discussion of issues under OCCOG's purview, and provides a liaison between elected officials and technical staff on such matters. The EMC will meet on a monthly basis in support of OCCOG's activities and will provide policy-level recommendations to OCCOG members. b. Technical Advisory Committee (TAC)' The TAC will be comprised of staffs from the member agencies and will provide technical review of regional activities per the direction of OCCOG and/or the EMC. c. Private Sector Task Force (PSTF): The PSTF will provide private sector input to OCCOG on air quality issues and on other issues under OCCOG's purview where the OCCOG deems it appropriate for such input. d. Other Committees, as determined necessary and convened by OCCOG, will provide assistance in meeting OCCOG objectives. 5.2 Funding Funding for the Council's operation will be provided by monies provided to Orange County from the Southern California Association of Governments, member and/or non-member entitY financial contributions, grants, and other sources authorized and approved by the OCCOG Board of Directors and by each member entity, in the case of member entity contributions. 5.3 Assignment of Additional Responsibilities In addition to the initial OCCOG tasks identified in Exhibit I, additional responsibilities will be undertaken by OCCOG in accordance with the following procedures. a. Requests to Examine Issues and Provide Input/Recommendations: Requests from non-member and member agencies may be made to OCCOG to examine activities and provide recommendations. The OCCOG shall assign the Executive Management Committee the task of examining staffing/funding issues and providing recommendations to OCCOG on how and whether it might choose to pursue the request. In addition to considering potential staffing/funding constraints, the EMC will also base its recommendations, and the COG shall consider, on whether the request/issue has strong countywide support among OCCOG members and can reduce or eliminate duplication, improve efficiencies and otherwise achieve countywide consensus and OCCOG objectives. b. Assignment of Responsibilities to OCCOG: Should requests from member and/or non-member agencies be made for the OCCOG to assume responsibility for delivery of services, development of plans, programs or similar activities, the OCCOG would assume said responsibilities upon a 2/3 vote of its Board of Directors, .with concurrence of the affected agency(ies). SECTION 6 FINANCES 6ol Budget Prior to July 1st of each fiscal year, the Board shall adopt a preliminary budget. Prior to September 1st of each fiscal year, the Board shall adopt a final budget. 6.2 Designation of Treasurer and Auditor The Board of Directors shall, in accordance with applicable law, designate a Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the depositing and custody of all funds held by the OCCOG. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code and such duties as may be required by the Board. The Auditor shall perform such functions as may be required by provisions of applicable law, this Agreement and any OCCOG bylaws and the direction of the Board. 6.3 Obligations of the OCCOG The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities or obligations of the OCCOG alone. No member of the OCCOG shall be responsible, directly or indirectly, for any obligation, debt~ or liability of the OCCOG, whatsoever. 6.4 Control and Investment of Council Funds The Board 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 respects, with all provisions of applicable law. 6.5 Funds and Properties The Board shall appoint an entity to receive and have the custody of, and disburse OCCOG funds and properties and make disbursements as agreed to by its members. The appointed entity shall invest OCCOG funds in accordance with the general law. Ail interest collected on OCCOG funds shall be accounted for'and posted to the account of said funds. 6.6 Accounts and Reports The OCCOG shall establish and maintain such records and accounts which are deemed necessary to account for and report on the various sources of funds, expenditures, grants, programs and projects and, as may be required by good accounting practice, the State Controller or the United States Government. The books and records of the OCCOG shall be open to inspection by representatives of the member agencies at all reasonable times. SECTION 7 INDEMNITY 7.1 Hold Harmless and Indemnity Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees. 7.2 The member agencies, and their employees, officers, members and directors will not be liable to OCCOG (or anyone who may claim any right because of a relationship with OCCOG) for any acts or omissions related to the service to OCCOG described in Section 5.1. OCCOG and its members will indemnify and hold the members harmless from any obligations, costs, claims, judgments, attorney's fees, and/or attachments in any way connected with the services provided to OCCOG under this agreement. SECTION 8 TERMINATION A_ND DISSOLUTION 8.1 Termination The OCCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that the OCCOG and this agreement shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of the OCCOG. Termination shall be accomplished by a majority action of the Board. 8.2 Distribution of Property and Funds In the event of the termination of this Agreement, any property interest remaining in OCCOG following the discharge of all obligations shall be disposed in accordance with Government Code Section 6512. SECTION 9 MISCELLANEOUS 9.1 Effective Date This Agreement shall be effective and the Orange County Council of Governments shall exist from and after such date as this Agreement has been executed by 50 percent plus one of the cities or the County of Orange in Orange County representing over 50 percent of the County's population. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as evidenced by the signatures below. ORANGE COUNTY COUNCIL OF GOVERNMENTS DATED' TRACY WILLS WORLEY MLAYOR PAMELA STOKER CITY CLERK 10 EXHIBIT I INITIAL OCCOG RESPONSIBILITIES o Demographic activities in conjunction with California State University (or successor) as described in attached Memorandum of Understanding . Air Quality Activities · Input to development of Transportation Control Measures for Air Quality Management Plans. Market incentive plans and technologies promotion and implementation. · Monitoring regional, state and federal air quality plans and requirements · Liaison with SCAG, SCAQMD and others on air quality issues 3, Orange County Input to SCAG Activities Regional Comprehensive Plan & Guide development and implementation Input to development of long-range transportation plans prepared by transportation commissions Preparation of other long-range plans/strategies as agreed by affected officials 4. Intergovernmental coordination with public and private sectors 5. Legislative Review/Outreach/Interface on activities affecting member agencieS 6. Regional Housing Needs Assessment Exhibit B Resolution 1-96: A Resolution of the Orange County Division, League of Cafifornia Cities Supporting the Formation of an Orange County Council of Governments. Resolution 1-96 Resolution of the ()range County Di,,ision. League of California Supporting the Formation of an Orange Count,,' Council of Governments Cities. l~'h,r,a.t, zn 1991. Orange County t'on'ned the Regional Planntng :md .*d~'tsor~- Cou.ncd ~ R.a..PC) to promde a t'on. tm to t'ocus on reg~ona, l tssues: ~d Whtr,~. tn 1.995. the R. APC was ~configured to provide :l ~ettcr nexus members and the reg~ona, i ts.sues tt add~sses: ~nd Wh, r,~. tn response to the Orange County banlrd'uptcy md the County of Or:m~e r~ucmg tu role m re~onal i~sues, the Orange County City Managers' A. ssoc~auon con,.,ene~ a task force to develop t process for me most effecuve means or' comprehens~ve1.y .~ddresstn~ rcg~ona~ planrung: re. nd ' W~re~, the Task Force. a.t't~r revzewm~ various models for addressing rcgtonal planning ~ssues. hive recommended the development of i Councd of Govemmenu to prov~cle a fona'n for addre~m8 regional plarmmg issues: ~ W~re~, concurrendy, l Resu'ucn,tnn8 Supercommitt~e convened by Orange County clues to study ~ delivery of reglon:~l serve:es al. so identU'ied a Councd of Governments enuty needed to dLscu~ grid possibly Lmplement future resmacm.nn$ recommenclations: and W/Is, ree.~ ~ formation of aa Omnse County Council of Govemmenu wd.l provide Orange County with a arena for its public a~encies to exchange ideas and int'ocmauon, conduct stuches and pmj~cu m improve common 8ovemmem resportsZbtlities, build consensus among members on re~xmal and subrei:ional issues, advocam Oranie County interests tt the regional. staze and federal level, and assut m coofdinaun8 subreiiocml plamun$ efforts: and Now, Tiro'e/ore, J~ ti ~oh, e4, that the Ota~$e County Division. L~asue or' Cali.fomi& Cities suppom the formazioe of aa Omnle County Comx:fl of Governments to provide i formal fotura fc~ Orate County public l~et~es on regional planning acuviues and ISSueS. C~u. ncd C:v,.: ,.>~ Founu. m Janet Huston Execuu,,e Otr~ctor C?..~r. R,~sc~urzcns/,_mm~r.~,~ C., ,..r.c:.i Mem~r C:t', or' Cesta .X, lesa Exhibit C Questions and Answers about an Orange County Council of Governments QUESTIONS AND ANSWERS ABOUT AN; ORANGE COUNTY COUNCIL OF GOVERNMENTS The following questions and answers reflect a range of topics commonly raised during discussions about the convening of a Council of Governments. Qe Qo Qo Qo What is the purpose of the Orange County Council of Governments? The purpose of the organization is to unify Orange County so that it can speak with a collective voice on important subregional and regional issues. Working together and sharing resources is cost-effective by reducing duplication of effort, and the consensus achieved by member entities will allow Orange County to more effectively advocate its positions and augment its standing within the region. The recommended Council, which will be comprised of members representing local jurisdictions and special districts and agencies in Orange County, will provide Orange County's only mechanism for the collective examination of issues that are subregional or regional in nature and transcend individual political boundaries. Will a Council of Governments be another layer of government? No. The Orange County Council of Governments will fol-malize activities currently performed by the Orange County Regional Advisory and Planning Council (RAPC), which has existed since 1991. The Council's activities would not require new staff, and instead will tap existing staff resources from member entities. No membership dues will be required of member agencies. With RAPC in place, why is there a need for a Council of Governments? RAPC is an informal body created in 1991 as an evolutionary step towards a Council of Governments. While RAPC has performed admirably, recent activities in Orange County resulting from the bankruptcy have required that local jurisdictions and agencies re-examine traditional roles and responsibilities. Times have changed in Orange County, and now more than ever the need exists for a formal, representative organization to be operational and be capable of conducting studies, building consensus, formulating recommendations and advocating positions for the benefit of Orange County collectively. What types of issues will the Council of Governments deal with? Generally, the' Council will ultimately address those issues that its members collectively decide to address. Init/ally, functions will include issues such as air quality attainment strategies, providing subregional input to the Southern California Association of Governments in its development of mandated regional plans, review of selected legislation pertaining to regional/subregional issues, liaison with the private sector, performing regional housing needs assessments and developing demographic data for use by members on a range of studies and planning activities. Qe Will these activities duplicate the activities being performed elsewhere in Orange CounO'? m · No. These recommended activities are not being performed by any other agency representing the collective interests of Orange County's cities, county and special purpose agencies. Focusing these issues in one forum with diverse representation will strengthen Orange County's voice in the region and state. Q. Will Council members be paid? A. No. Qe Will a majority of the Council's members have the ability to compel one or more of its members to comply with the wishes of the rest of the group? A · No. The Council of Governments will conduct studies, make recommendations and advocate the implementation of those recommendations. The Council will serve as a resource for and not a barrier to member entities, and will have no power or ability to force any member entity to implement any recommendations. Q. How will the administration and operation of the Council be paid for? A · Through funds made available to the Orange County subregion from SCAG, staff provided by the member agencies, grants sought by the organization and other means determined by the Council's Board of Directors. No membership dues will be required. Q. How can member entities be sure the Council will not "run amuck?" A · The activities of the organization will be directed by the Board of Directors, and limited to those that the Board authorizes. The Council will have no independent staff; staff resources to complete projects will often be provided by the member entities or through consultant services for specific projects. Qo What about accountability to the voters? The proposed COG activities are not the responsibility of any one entity in Orange County, but need to be accomplished c .ooperatively among several interests. Constituents look fa'st to their City Council Members to respond to issues involving local government, including the kinds of activities the COG will perform. City representation on this forum will provide valuable information with which to respond to constituent requests. The COG will be established as a consensus- building mechansim that requires coordination among a number of local government agencies and entities, and participation from a broad rather than narrow spectrum of interests is in the best interests of the public. Also, the COG will be subject to the provisions of the Brown Act; all meetings will be publicly noticed and participation and input will be encouraged. Qe Q, Qe A · Qe h · Will the Council have the potential to save mort©,? Yes. A primary goal of the COG is to work harder with existin~ resources to consolidate, collaborate and find new ways to do needed activiti~'s for less and eliminate duplication of effort. It is beneficial for member agencies to conduct joint studies on various topics. It is often more efficient and effective to conduct one study for a number of entities than it is to conduct duplicative studies for individual entities. Information and idea sharing among member entities is certain to reduce duplication as well. The proposed transition of demographics activities from the County of Orange to California State University Fullerton, a proposal developed through RAPC, will reduce the costs for performing these activities from $800,000 to $325,000. Won't the Council's membership be unwieldy and burdensome? No. The proposed configuration of the Council, while not f'malized, will likely be similar to that of the existing 21-member RAPC Board. A survey of similar entities statewide found that the size of governing boards to range from 12 to 38. The RAPC process and structure has allowed for timely review, discussion and increasing coordination of regional planning and policy issues by both its governing board and its technical support committees. Will there be an ongoing review process to ensure the Council is fulfilling its mission? Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a review of the Council's activities by individual member entity staff and by the Council's Board of Directors. What will the cOG's relationship be to the Orange County Division, League of California Cities? The Division will continue to fulfill its role as an arm of the State League to its Orange County members. The COG will augment Cities' abilities to coordinate with other county entities on issues of mutual concern, just as it wi~d augment . entities' abilities to coordinate with Orange County Cities and the League: It is important that the League continue to function autonomously so that City interests are advocated. cogq&a 410961 Exhibit D Summary of Typical COG Roles and Responsibilities I ' t i Exhibit E Key Dates a~