HomeMy WebLinkAboutCC 7 JT PWRS SCAG 08-06-84CONSENT CALENDAR
TO:
FROM:
S UBJ ECT:
William A. Huston, City Manager
Royleen A. White, Director of Community and Administrative Services
JOINT POWERS AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNM£NTS (SCAG)
RECOMMENDATION
Authorize Mayor and City Clerk to execute attached agreement between the City
of Tustin and The Southern California Association of Governments (SCAG).
BACKGROUND
During the 1984/85 budget process, City Council indicated that membership in
SCAG should be initiated. The City of Tustin's membership in SCAG for fiscal
year 1984/85 is $478.00. In addition to the budget appropriation which has
already been done, the attached agreement must be executed and returned to
SCAG. Attached also for Council information is a copy of the SCAG by-laws.
Royleen ~Wb.i~e, Director
Community and Administrative Services
RAW:sk
Attachments
SOUTH~/~ CALZ~RRIA A~SOCIATION 0P C-0~$ AOREEr~NT
THIS AGREEi~ITI' is made and enZered Into ~y and ~e~ween
the co~y ~d c~y ~ove~en~s w~lc~ on l~s effective da~e
~A~, ~he~ Ss a demons=rs=ed need fo~ ~he
~he Sou=he~ Callfo~la ~a ~o p~o~de a fo~ for discus-
de~lopmen= of ~a~endt=lons fo~ =he solu=ion of such problems
~d
~AS, Ti=le I, Dl~sion 7, Chap=er 5 of =he Gove~-
men= Code of =he ~=a=e of Califo~la au=horizes =he Joln= sxer-
else ~y ag~emen= of =wo or mo~ D~c ~encles of ~y power
'~, ~he ps, les be~o posses~ in ~o~on ~he ~ower
=o s=udy, discuss ~d rec~end policies ~d procedures for
~he solution of ~ea-w~de problems of direc= conce~ ~o =he
perforce of ~Aeir cons=l=u:lon~ ~d s=a=u=o~ f~c=lons
~d =o Join asaocia~ions ~d expend puDl!c f~ds for =hese
pu~oses; ~d
NOW, ~, in consideration of ~he execu:lcn
=bls ~en= ~y otAer co~=les ~d c!=les eligible ~o m~Der-
s~lp in ~he ~socia:ion es=~lished here~2, =~e p~tles hello
~e as follows:
1. Association Es=~lished. An association consis~i~
of ~he p~les =o =~ls a~e~enc is he,by established
~o~ as Sou~he~ Califor~a Assocla=ion of Gove~en~s.
~socla~lon sh~l ~e su~Jec= =o ~d sa~l ~e gove~ed
B2-1aws, a c~PY of which ls a==acAed hereto ~d by =his ~fe~nce
made a p~ of :~s ~en:.
2. Pa~les. Eligibility. Only ~hoae co~=lea ~d
cities eli&lble for mem~ership in tAe Sou~be~ Callfo~la As-
sociation of Gove~en:s p~su~: ~o s~d By-laws-may
bec~e p~les =o =his
3. P~les Be~ Members. Each ~2 =o =his
emen% Is a m~Der of =he Sou=~e~ Callfo~ia Assocla=lon of
~ove~nca ~d la entitled co the rig~s ~d pri~le~es
ls su~Jec= =o =~e o~llga=~ons of mem~e~, all as provided for
in s~d
~. Addl=lon~ P~ies. If =he ~-laws of =he ~aocia-
=Ion ~ ~ended as =he,in 9rovlded =o pe~l= addl=ional
co,ties or ad~Cional cities co ~e eligible for me~ersnlp
in =he assoc~a=~on, su~ addl=l~n~ co~=les o~ cl=les
~ec~e p~=les =o ~hls ~en=.
~. P~les. Te~lna~lon. ~y p~y =o =~ls
men= ma2 cede ~o ~e a p~y here=o ~d m~ withdraw
mem~e~ip In =he ~aoc!a~ion ~y =he adop=ion ~y irs legisla~i~
~ody of a mesoluClon of ~=en=lon =o wl=hd~w ~d ~y
=he execu=lve ~!~c%or of =he ~aocla=ion ~d =he o=her p~!es
=o =h~s ~en= wri==en no=ice of irs !ri=eh=ion =o
a= le~= =hlm~2 (30) d~s ~efo~ ~e effec=lve dare =hereof.
~Y P~7 Co Chis ~enC w~lch f~!s Co pay ~y asaessmen~
or dues ~ p~ded for ~ =he By-laws s~l ~e ~onslde~d
~o ~ave wl=h~a~ f~ the ~socia=~on ~d s~all cease
~e a ~2 he~=o. If a= ~y =~e ~ter =he effec=ive daze of
~s ~eemen= fewer =h~ fif=2 ~ercen= (~0~) of =he
co.ties or fewe~ CA~ f!f~2 pe~enC of the ellgi~le ciCies
~ p~ies =o :his a~emen:, :his agree~n: s~all
6. A~enc? ~o A=~ins~er A~emen:. ~e associa:lon
es:~shed ~Y' :nzs a&~emen= snal~ oe :ne ~ency ~o
Cr~.CCS, co emplo7 a~encs and ,-,'aploTees, Co ~,cqu~.r~, hold and
dispose of proper~¥, r~al and personal, co sue and be sued
necessar~ for ~he accomplis~menC of the purposes of Chis agree-
men=. .~owever, ~he deb=s, Lta~lLl=les and obllgaclons of
~a~on of an7 of ~ 9u~1'~¢ ~n¢TM w~o ar~ pa='~ies ~o ~his
agreement. The Tr~asux~ of =he Coun=y of Los Angeles shall
County cf Los Angeles s~all ~e the disbursln~ officer of
Assoc!a=ion and shall dx-aw warrants ~gs.tnsc =be funds cf
associa=lon in =he =reasury w~en =he demands are a~.~roved 'o7
assoola=Icn, or such ocher persons as ~ be specifically
desl&na~ed for ~haC pux~ose in the 27-1aws.
8. ?Irs= ~udzec. No= wl=hs=and~g =he provls~ons of
8sc=ion ~ of Arab-cie VZZZ of s~td ~¥-laws, the bu~e= for
rem~.ndem of the fiscal yes/- end~g June 30, 19~, shall be
adopted aC =he first meeting of =he General Assembly and =~e
~ssessmenCs for s~.td pe.-iod shall ~e ~ased =hereon.
9. Amen~men=. This agrsemen= ma7 ~e amended ac
rime ~7 =,~e written agreement of all pa.~les =o
10. Dux-aclon of A~l-~emenC. This agreemen= shall con;
c~.nue in effect un=il LC Is rssc~nded ~7 ~uCual consent of
~he par~ies or terrains=ed in =be manner provided herein or in
11. Disposition of AsSe~s 9f Ter~lna=lon. Upon Cermina-
~e association after =he paymen~ of all l£a~ll~les, cos=s,
expenses, an~ ~a~es validl2 lncurx~d under =Als agreement
sh='~l ~e returned co ~he pax~les in px~po~-~ion co C~eir conCri-
bu=ions ~e=er~ined a~ of the =~e of cer~3.naCion.
12. ~ffec=lve Dace of Agr~emen=. ~ts a~reemenC s~all
be effec=lv~ upon l~a execution OF flf=y percent of the
court=las and flf~7 pe~enC of c~e eligible
ZxeouCed ~2 =he undersigned =lc!es and coun=les upon
~he respective daces se~ forth al=er ~he!r signatures.
URSULA E. KENNEDY, MAYOR
ATT~/~T:
MARY E. WYNN, CZTY CLERK
BYLAWS
THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
P reambl e
The Southern California Association of Governments is an agency voluntarily
established by its members pursuant to the Joint Exercise of Powers Act
for the purPose of providing a forum for discussion, study and development of
recommendations on regional problems of mutual interest and concern regarding
the orderly physical development of the Southern California Region. It
shall be the responsibility of the Association to identify and encourage the
establishment of units of local government within the region that can best
discuss, study and solve regional problems.
ARTICLE I - FUNCTIONS
The functions of the Association are:
Exchange of planning information. Making available to members, plans and
planning studies, completed or proposed by local governments, or those of
State or Federal agencies which would affect local governments.
Be
Study of inter-county problems. Identification and study of problems
requiring planning by jurisdictions in more than one county in the South-
ern California area, and the making of appropriate policy or action
recommendati OhS.
C®
Review and/or develop governmental proposals. Review and/or develop
proposals creating agencies of regional scope, and the making of appro-
priate policy or action recommendations concerning the need for such units
or agencies.
De
Consider questions of mutual interest and concern to county and city
members of the Association and may develop policy and action recommenda-
tions of an advisory nature only.
Act upon any matter to the extent and in the manner required, permitted
or authorized by the joint powers agreements, State or Federal law, or the
regulations adopted pursuant to any such law.
Ae
Be
De
ARTICLE II - DEFINITIONS
Association. The Association, as used in these Bylaws, means the Southern
California Association of Governments as established by these Bylaws.
General Assembly, as used in these Bylaws, means a meeting of the offi-
cial representatives of the members of the Southern California Association
of Governments.
Official Representative, as used in these Bylaws, means either the
mayor or a member of the legislative body of each member city, and either
the chairman of the Board of Supervisors or a member of the legislative
body of the member city or county as their official representative.
Alternate, as used in these Bylaws, means either the mayor or a member
of the legislative body of each member city, and either the chairman of
the Board of Supervisors or a member of the legislative body of the member
city or county as their alternate to serve in an official capacity only in
the absence of the official representative of the member city or county.
ARTICLE III - MEMBERSHIP AND REPRESENTATION
A. Membership
l)
All cities and all counties within the area of the counties
of Los Angel es, Orange, Riverside, San Bernardino, Ventura and
Impe~al are eligible for membership in the Southern California
Association of Governments.
2)
Each member county and each member city shall have one official
representative and one alternate in the General Assembly, except
that the City of Los Angeles, if and while it is a member city,
shall have three official representatives and three alternates.
Membership shall be contingent upon the execution of the Joint
Powers Agreement and the payment by each county or city of
each annual assessment.
4)
Special districts which are significantlY involved in regional
problems or the boundaries of which include territory in more
than one county, shall be eligible for advisory membership in
the Association. The representatives of any such advisory member
may participate in the work of con~nittees of the Association.
Bo
Representation
l} Only the official representatives or alternates present shall rep-
resent a member in the General Assembly, provided, however, that all
members of the Board of Supervisors of a member county may participate
in the deliberations and discussion of the General Assembly.
The mayor of each city shall be either the official representative
or alternate for such city unless the city council specifically
designates other members to act as representative and alternate;
provided that if and while the City of Los Angeles is a member city,
the mayor shall be one of its official representatives.
3) Names of official representatives and alternates shall be communicated
to the Association by the appointing city or county.
Official representatives' and alternates shall serve until a successor
is appointed, except if an official representative or alternate ceases
to be a member of the legislative body or mayor of the city or county
appointing him, in which case his seat as an official representative
or alternate shall be vacant until a successor is appointed.
ARTICLE IV - GENERAL ASSEMBLY
A. Powers and Functions
The powers and functions of the General Assembly, subject to the limita-
tions of Article I, shall include:
l) The making of policy decisions and the determination of policy matters
for the Association.
2)
Any official representative may, at any meeting of the General Assem-
bly, propose a subject or subjects for study by the Association. The
General Assembly may determine whether a study will be made of the
subject or subjects so proposed, or may refer such subject or subjects
to the Executive Committee.
3)
Any official representative may, at any meeting of-the General Assem-
bly, request review by the General Assembly of any action of the
Executive Committee which has been taken between meetings of the
General Assembly.
4)
Each year at its annual meeting, the General Assembly shall review
the proposed budget and assessment schedule submitted by the Executive
Committee and shall adopt an annual budget and an assessment schedule.
Any official representative who desires to propose any policy matter
for determination by the General Assembly shall submit the matter
to the Executive Committee in the form of a proposed resolution
at least forty-five days prior to any regular meeting of the General
Assembly. The Executive Committee shall appoint a Resolutions Commit-
tee to consider each such resolution and submit its recommendation
for action to the General Assembly. A copy of each such proposed
resolution together with the Resolutions Committee's recommendations
thereon, shall be included in the agenda materials for each regular
meeting of the General Assembly. If a resolution is presented direct-
ly to the General Assembly, a two-thirds vote of the General Assembly
shall be required for its consideration.
Meetings
l)
A regular meetings of the General Assembly shall be held once a year.
Special meetings of the General Assembly may be called by the Execu-
tive Committee upon written request of 15 members cities and 3 member
counties. Ten. days' written notice of a special meeting shall be
given to the official representatives and alternates of each member
city and to each member of the Board of Supervisors of each member
county. An agenda specifying the subject of the special meeting shall
accompany the notice.
2) The time, date and location meetings of the General Assembly shall be
determined by the Executive' Committee.
Notice of both regular meetings of the General Assembly meeting shall
be given to the official representatives and alternates of each member
city, and to each member of the Board of Supervisors of each member
county at least 30 days prior to each meeting. An agenda for the
meeting shall accompany the notice.
4) Association committees shall meet on the call of their chairman or
as otherwise provided herein.
5) The General Assembly may adopt rules for its own procedure.
C. Voting in the General Assembly shall be conducted in the following manner:
l)
A quorum of the General Assembly shall consist of official representa-
tion from one-third of the member cities and one-}hird of the member
counties.
2)
Each official county representative and each official city representa-
tive shall have one vote. Votes shall be' tabulated separately for
county representatives and for city representatives upon the request
of one member or alternate of the county representatives only when
one-half (1/2) of the county representatives are present or upon the
request of one member or alternate of the city representatives only
when one-third (1/3) of the city representatives are present. If the
votes are tabulated separately, the affirmative votes of a majority of
a quorum of both city and county representatives are required. In the
absence of the official representative, the alternate shall be enti-
tled to vote.
3)
Voting may be either by voice or roll call vote. A roll call vote
shall be conducted upon the demand of five official representatives
present, or at the discretion of the presiding officer.
ARTICLE V - EXECUTIVE COMMITTEE
A®
There shall be an Executive Committee of the Association which shall
be organized and shall be responsible for functions as hereinafter set
forth:
l)
Membership. The membership of the Executive Committee shall be one
representative and one alternate from each member county, except the
County of Los Angeles which shall have two representatives and two
alternates, one representative and one alternate from the collective
.member cities within each county, three representatives and three
alternates from the City of Los Angeles, one representative and one
alternate from each city of 250,000 population or greater exclusive
of the City of Los Angeles, and three at-large representatives and
their alternates.
a)
The official representative and alternate for each county shall
serve as a member and alternate, respectively, on the Executive
Commi tree.
b)
An official representative from one of the member cities in
each of the counties enumerated in Section A-1 of Article III
above, shall be appointed by a plurality vote of the official
representatives of the member cities of such county present at
the Spring meeting of the General Assembly to represent the member
cities in said county unless the provisions of Subsection
hereof are followed. An alternate for each shall be selected in
the same manner.
c)
In those counties enumerated in Section A-1 of Article III above
where the cities have joined together through a Joint Powers
Agreement with the county to form a county-wide Association
of Governments within the county, such association may formally
notify SCAG of their intention to call together the official
delegates and alternates from the member cities of the Southern
California Association of Governments wtthin the county for
the purpose of selecting the official representative and alternate
to the SCAG Executive Committee. The county-wide association
must provide each member city a minimum of thirty (30) days notice
of such meeting, and it must be held within thirty (30} days of
the General Assembly meeting at which the representatives or
alternates are to be elected.
d)
In addition to the city representative selected by the member
cities within Cos Angeles County, the official representatives
of the City of Los Angeles shall be members of the Executive
Committee and the alternates from the City of Los Angeles in
the General Assembly shall be their respective alternates on the
Executive Committee.
e)
The Executive Committee shall elect three representatives-at-large
and three alternates-at-large from among the councils of city
members, who shall serve for one-year terms. Delegates and
Alternates shall not be from the same city. After one year, the
three alternates-at-large shall automatically become the three
representatives-at'large and the Executive Committee shall elect
three new alternates-at-large from among the councils of city
members, who shall serve for one-year terms.
f)
0nly the official representative shall have the right to vote as
the member of the Executive Committee, except that an alternate
may vote in the absence of the official representative.
g)
Notwithstanding the provision of Section A.1) set forth above,
the immediate past president of the Association shall serve as a
voting member of the Executive Committee, provided that the
immediate past president continues to serve in the capacity as
an elected public official and subject to the exceptions set
forth below:
l) The immediate past president shall not be a voting member
of the Executive Committee for the purposes of a call for
the division of the House or the vote thereon pursuant to
the provisions of Section A.3)a) of this Article.
2) For the purpose of determining a quorum only, as set forth
in Section A.5)a) of this Article, the immediate past presi-
dent shall not be considered a member of the Executive Commit-
tee.
z)
Terms of Office. Terms of the members of the Executive Committee, with
the exception of the representatives-at-large,' shall be for two years.
Terms shall commence upon adjournment of the annual meeting of the General
Assembly of the appropriate year. The County official representatives
from Los Angeles, Ventura and Imperial counties shall serve for terms
which expire in odd-numbered years, and the official representatives of
the cities within Los Angeles, Ventura and Imperial counties shall serve
for terms which expire in even-numbered years. The terms of the county
official representatives of Orange, Riverside, and San Bernardino counties
shall expire in even-numbered years, and the terms of the official repre-
3)
4)
sentatives of the cities within these counties shall expire in odd-number-
ed years. If an official representative should cease to be an elected
official from a city or county, he must relinquish his position as offi-
cial representative and his Executive Committee seat shall be declared
vacant. The President, with the concurrence of the Executive Committee,
shall have the power to appoint an appropriate elected official repre-
sentative on an interim basis as the official representative on the
Executive Committee until a caucus of the cities or the next regular
General Assembly meeting at which time his vacancy shall be filled in the
same manner as the original appointment.
Meetings. The Executive Committee shall meet at least quarterly. Ad-
diti. onal meetings shall be held upon the call of the President or upon the
call of a majority of the members of the Executive Committee. At least 24
hours' written notice of all meetings shall be given to all members by its
secretary. Such notice may be waived by any member.
a)
Votes shall be tabulated separately for county representatives
and for city representatives upon the request of one member
or alternate of the county representatives only when one-half
{l/Z) of the county representatives are present or upon the
request of one member or alternate of the city representatives
only when one-third {1/3) of the city representatives are present.
Upon such a request the affinnative votes of a majority of county
and city representatives present are required for policy re-
commendation or action.
b) The Executive Committee may adopt any other ~les for its own
procedure.
Duties.
a) Subject to the policy established by the General Assembly, .the
Executive Committee shall conduct the affairs of the Association.
b)
The Executive Committee shall review and may revise, amend,
increase or decrease the proposed annual budget as prepared by the
Executive Director. Each year the proposed budget and the assess-
ment schedule based upon such proposed budget, as approved by the
Executive Committee, shall be submitted to members of the General
Assembly at least 30 days before the annual meeting. After
adoption of the annual budget and assessment schedule by the
General Assembly, the Executive Committee shall control all
expenditures in accordance with such budget.
(1)
The Executive Committee shall have power to transfer funds
within the total budget amount in order to meet unanticipated
needs or changed situations. Such action shall be reported
to the General Assembly at its next regular meeting.
(2)
At each annual meeting of the General Assembly, the Executive
Committee shall report budget and financial transactions
since the previous annual meeting. At every regular meeting
which is not an annual meeting, a summary report of budget
and financial transactions shall be presented to the member-
ship.
c) The Executive Committee shall submit a full report of its activi-
ties at each regular meeting of the General Assembly.
d) The Executive Committee shall have the authority to appoint, fix
the salary of, and remove an Executive Director of the Associa-
tion, and shall have the authority to create and discontinue
positions in the employ of the Association and fix salaries.
e) The Executive Committee shall have the power to appoint committees
to study specific problems, programs, or other matters which
the Executive Committee or General Assembly have approved for
study.
f) Recommendations from committees for policy decisions shall be
made to the Executive Committee. The Executive Committee shall
have the authority to act upon policy recommendations including
policy recanmendations from committees, or it may submit such
recommendations, together with its comments, to the General
Assembly for action.
g} The Executive Committee shall be responsible for carrying out
policy decisions made by the General Assembly.
5) Vot.~.. In the Executive Committee voting shall be conducted in the
ro ~ i owl ng manner:
a} A majority of the members of the Executive Committee shall con-
stitute a quorum, provided, however, that for the purpose of
determining a quorum only, all members from the City of Los
Angeles shall be considered as one member, all members from the
County of Los Angeles shall be considered as one member, and all
representatives-at-large shall be considered as one member.
b} The affirmative votes of a majority of the quorum are required
for action by the Executive Committee with the exceptions set out
bel ow.
{1) In order to recommend the' annual budget to the General
Assembly, the affirmative vote of not less than a majority of
the Executive Committee membership is required.
(2} In order to appoint or remove the Executive Director, the
affirmative vote of not less than a majority of the Executive
Committee membership is required.
6)
o)
Except in cases of a division of the house pursuant to Section
A.3)a) of this article, the City of Los Angeles representatives
and the County of Los Angeles representatives may each cast their
respective votes as a unit at any time.
Expenses. Members of the Executive Committee shall serve without
compensation but shall be reimbursed for the actual necessary expenses
incurred by them in the performance of their duties to the extent
that reimbursement is not otherwise provided by another public agency.
ARTICLE VI - OFFICERS, ELECTIONS AND VACANCIES
De
Ee
Officers of the Association shall consist of a President, a Vice Presi-
dent, a Second Vice President, and a Secretary-Treasurer. The President,
Vice President, and Second Vice President shall be elected by the Execu-
tive Committee from among its membership. The Secretary-Treasurer shall
be the Executive Director of the Association, but shall have no vote in
the Association.
Officers shall be elected annually by the Executive Committee at its
annual meeting. New officers shall take office on adjournment of that
meeting. The Office of President shall alternate annually between county
representatives and city representatives. In years when the President is
a county representative, the Vice President shall be a city representative
and vice versa. In years when the Vice President is a city representa-
tive, the Second Vice President shall be a county representative and vice
versa.
A vacancy shall immediately occur in the office of the President, Vice
President, or Second Vice President upon the resignation or death of
the person holding such office, or upon his ceasing to be an official
representative of a member city or county. Upon a vacancy occurring in
the office of President, Vice President, or Second Vice President,
the Executive Committee shall appoint a President, Vice President, or
Second Vice President, as the case may be, from among its members, to
serve for the balance of the unexpired term. If the former incumbent was
a county representative, the successor shall be a county representative;
and, if he was a city representative, the successor shall be a city
representative.
The President shall be the presiding officer of the Executive Committee
and of the General Assembly. The Vice President shall act in his absence.
The Second Vice President shall act in the absence of both of the above
officers.
The Secretary-Treasurer shall keep a record of all proceedings, have
custody of all funds, and perform the usual duties of such office.
ARTICLE VII - EXECUTIVE DIRECTOR
The Executive Director shall be the chief administrative officer of the
Association. He shall receive such compensation as may be fixed by the
Executive Committee. The powers and duties of the Executive Director are:
A. Subject to the authority of the General Assembly and the Executive
Committee, to administer the affairs of the Association.
B. To appoint, direct and remove all employees of the Association.
C. Annually to prepare and present a proposed budget to the Executive
Committee and to control the approved budget.
D. To serve as Secretary-Treasurer of the Association.
E. To attend the meetings of the General Assembly and the Executive
Committee.
F. To perform such other and additional duties as the General Assembly
or the Executive Committee may require.
ARTICLE VIII - FINANCES
Be
Fiscal Year.
The Fiscal Year of the Association shall commence on July 1.
Budget Submission and Adoption.
The Association budget shall be submitted by the Executive Director to
the Executive Committee. The Executive Committee shall adopt an Associa-
tion budget at least 30 days prior to the Annual Conference. The Associa-
tion budget and assessment schedule shall be adopted by the General
Assembly at the Annual Conference. Notwithstanding any provision of the
agreement establishing the Association, any member that cannot pay its
assessment therefore because of any applicable law or charter provision,
or Other lack of ability to appropriate or pay the same, may add such
assessment to its assessment for the next full fiscal' year. The budget
for each year shall provide the necessary funds with which to obtain and
maintain the requisite liability and workman's compensation insurance to
fully protect each of the signatory parties hereto, and such insurances
shall be so obtained and maintained.
lO
C. Yearly Membership Assessment
Each year, upon adoption of the annual budget, the General Assembly Shall
fix membership assessment for all members of the Association in amounts
sufficient to provide the funds required by the budget and shall advise
the legislative body of each member thereof on or before May 1 of such
year. The Executive Committee, for not more than one year at a time, may
defer, waive, or reduce payment of the annual dues. In taking any of the
actions above, the Executive Committee shall adjust the General Fund
Budget to provide a balanced General Fund Budget reflecting any of the
above actions. Any action of the Executive-Committee deferring, waiving,
or reducing the payment of the annual dues shall be reported at the
following General Assembly meeting. Any member city or county whose
annual assessment has not been received by the time of the annual meeting
shall not be entitled to vote at such meeting or thereafter until such
assessment is received. The amount of each member's assessment shall
be determined in accordance with the formula set out in Paragraph "D",
following.
D. Methods of Assessment.
One-half of the total assessments each year shall be charged to and
paid by the member cities. Each member county shall pay a fixed basic
assessment of $2,500.00 per year, and the remaining one-half of the total
annual assessments to be borne by the member counties shall, be charged to
and paid by said member counties in the proportion that the population of
each bears to the total population of all member counties. Each member
city shall pay a fixed basic assessment of $100.00 per year, and the
remaining one-half of the total annual assessments to be borne by the
cities shall be charged to and paid by said member cities in the propor-
tion that the population of each bears to the total population of all
member cities. The computation of the shares of said assessments as above
provided shall be based upon the respective populations of the member
counties and cities as determined by the State Controller in making the
most recent allocation to cities and counties pursuant to the Motor
Vehicle License Fee law. If any county or city was not a member at the
time the latest assessment was fixed and shall become a member of the
Association thereafter, an assessment shall be payable by such county or
city to the Association upon becoming a member in a sum based upon the
current county or city per capita rate, as the case may be, prorated from
the date of establishing membership until the July 1 following the next
annual meeting of the General Assembly after such date. Notwithstanding
the previous provisions of this Section, no rebates or adjustments shall
be made among the existing member counties and/or cities if such addition-
al assessments shall be received from new members. Notwithstanding the
previous provisions of this Section, no regular dues assessment of any
member city shall exceed $20,000.00 for any annual assessment period, nor
shall any regular dues of any county exceed $40,000.00 for any annual
assessment period.
11
E. Annua! Audit.
The Executive Committee shall cause an annual audit of ~he financial
affairs of the Association to be made by a certified public accountant at
the end of each fiscal year. The Executive Committee shall employ a
certified public accountant of its choosing. The audit report shall be
made to Association member cities and counties.
Indemnification for Tort Liability.
Ge
In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly
upon public entities solely by reason of such entities being parties to
an agreement as defined in Section 895 of said code, the parties hereto
as between themselves, pursuant to the authorization contained in Sections
895.4 and 895.6 of said code, wil-1 each assume the full liability imposed
upon it, or any of its officers, agents or employees by law for injury
caused by a negligent or wrongful act or omission occurring in the perfor-
mance of this agreement to the same extent that such liability would be
imposed in the absence of Section 895.2 of said code. To achieve the
above stated purpose each party indemnifies and holds harmless the other
party for any loss, cost or expense that may be imposed upon such other
party solely by virtue of said Section 895.2. The rules set forth in
Civil Code Section 2778 are hereby made a part of these Bylaws.
Notwithstanding the provisions of Section 7 of said Joint Powers Agreement
by which this Association is formed, no contract, employment, debt,
liabil-ity or obligation of the Association shall be binding upon or
obligate any member of this' Association without the express written
request or consent of such member and only to the extent so requested or
consented to; nor shall the Association have the autho~ty or the power to
bind any member by contract, employment, debt, liability, or obligation
made or incurred by it without the written request or consent of such
member, and then only to such extent as so requested or consented to in
writing.
ARTICLE IX - STATUTORY AUTHORITY
The Southern California Association of Governments shall be an agency estab-
lished by a joint powers agreement among the members pursuant to Title l,
Division 7, Chapter 5, of the Government Code of the State of California and
shall have the powers vested in the Association by State or Federal law, the
joint powers agreement, or these Bylaws. The Association shall not have the
power of eminent domain, or the power to levy taxes.
ARTICLE X - WITHDRAWAL
Any member city or county may, at any time, withdraw from the Association
providing, however, that the intent to withdraw must be stated in the form of
a resolution enacted by the legislative body of the jurisdiction wishing to
withdraw. Such resolution of intent to withdraw from the Association must be
given to the Executive Director by the withdrawing jurisdiction at least 30
days prior to the effective date of withdrawal. Delinquency in paying dues
for a period of two General Assembly meetings after the same are due, shall be
considered equivalent to withdrawal.
ARTICLE XI - AMENDMENTS
Amendments to these Bylaws may be proposed by an official representative
or by the Executive Committee. If proposed by an official representative, the
amendment shall be submitted to the Executive Committee at least 45 days prior
to a regular meeting of the General Assembly; Each proposed amendment shall
be considered by th'e Executive Committee and a copy thereof, with the recom-
mendations of the Executive Committee and its reasons therefore, forwarded to
the official representative of each member jurisdiction at least 30 days prior
to the meeting at which such proposed amendment will be voted upon.
A majority vote of the county representatives present, and a majority vote
of the city representatives present, are required to adopt an amendment to
these Bylaws. If, within 60 days after the adoption of any amendment, one-
third or more of the official representatives protest such amendment by filing
a written protest with the Executive Director, it should automatically be
suspended until the next meeting of the General Assembly when it shall be
taken up for consideration and vote as in the first instance.
Notwithstanding any provision of the agreement establishing the Association,
Article V - A-4(b) and the Article VIII A, B, and E of said Bylaws shall not
be changed except with the concurrence of the legislative body of each signa-
tory party to said agreement which has not then withdrawn from the Association.
13
These Bylaws shall
the agreement.
ARTICLE XII - EFFECTIVE DATE
go into effect immediately upon the effective
date of
Bylaws adopted by the Joint County-City SCAG Committee:
March 27, 1964
Bylaws amended by the' SCAG General Assembly:
February 24, 1966
November 4, 1966
February 24, 1967
February 18, lg70
September 24, 1970
February 16, 1973
September 12, 1974
February 27, 1975
March 8, 1977
October 6, 1977
March 3, 1978
October 6, 1978
March 16, 1979
October 2, 1980
April 29, 1982