Loading...
HomeMy WebLinkAboutCC AG PKT 2010-04-12 #G AGENDA STAFF REPORT DATE: April 12, 2010 TO: Honorable Mayor and City Council THRU David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: CONSIDERATION OF RESOLUTION IN SUPPORT OF ADOPTING AMENDED JOINT POWERS AGREEMENT ESTABLISHING THE ORANGE COUNTY COUNCIL OF GOVERNMENTS SUMMARY OF REQUEST: That the City Council consider the adoption of Resolution No. 5981, A Resolution of the City Council of the City of Seal Beach, California, In Support of (1) Adopting the Amended and Restated Orange County Council of Governments (OCCOG) Joint Powers Agreement; and (2) Authorize the City Manager to execute the amended and restated Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director. BACKGROUND: On May 1, 1992, the City of Seal Beach entered into an Agreement with the Orange County Council of Governments (OCCOG). As a 40- member joint powers authority, OCCOG serves as an official sub - region of the Southern California Association of Governments (SCAG). OCCOG, through its Board of Directors of elected Orange County representatives, its representatives on SCAG's Governing Board and policy committees, and its Technical Advisory Committee, provides a coordinated mechanism for Orange County technical and policy recommendations to be issued on SCAG plans and programs and on behalf of its member agencies. Key areas include: ✓ Protecting Orange County interests in SCAG's adoption of a Regional Housing Needs Assessment (RHNA) allocation to local jurisdictions in the six - county SCAG region; Agenda Item G Page 2 J Protecting a local, bottoms -up development of the Orange County Projections, which represents Orange County's official growth forecast for local, countywide and regional planning; J Adopting the Orange County official growth forecast, which is now required by statute to be used for RHNA allocations and for regional transportation planning; and, ✓ Providing input and recommendations 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. An Information Sheet that summarizes background information on OCCOG is attached to this staff report. Forty agencies are currently members of OCCOG. Member Agencies include all Orange County cities, the County of Orange, Orange County Transportation Authority, the Transportation Corridor Agencies, and Orange County special districts, including the Orange County Sanitation District and the Independent Special Districts of Orange County. REQUEST: In 2009, the OCCOG Board of Directors completed an overdue and comprehensive revision to the original 1996 OCCOG joint powers agreement provisions. The OCCOG Board recognized the need to amend and restate the original joint powers agreement to: (1) update its references to OCCOG's administration and establish an OCCOG Executive Director; (2) streamline and make consistent provisions relating to the joint powers agreement and OCCOG bylaws; and (3) update the references to the member agencies and their voting on the OCCOG board. Key provisions of the amended and restated OCCOG joint powers agreement are detailed in the attached OCCOG Information Sheet. In particular, the amended and restated OCCOG joint powers agreement provides the authority for OCCOG to: 1. Establish annual membership dues to assist in financing its operation, which had been previously absorbed by certain volunteer cities, and which was a key recommendation of the Orange County City Managers Association; and 2. Broadens the powers of OCCOG to be able to retain staff and consultants to conduct its responsibilities as a SCAG sub - region. Page 3 The OCCOG Board of Directors, at its meeting of June 25, 2009, unanimously adopted the amended and restated joint powers agreement, and requests that said agreement be transmitted to each OCCOG member agency for review, approval, and execution. Further, a 2009 comprehensive amendment to the OCCOG bylaws was also adopted by the OCCOG Board on June 25, 2009. The revised bylaws require that any elected official that represents OCCOG, including any OCCOG Board Member and Alternate, and any elected official serving as an OCCOG Sub - regional Representative on SCAG's policy committees, be from a dues - paying OCCOG Member Agency in good standing. City staff finds that a membership to OCCOG will effectively serve and protect the interests of the community. Already, a new cycle of RHNA, updated growth forecasts, and a 2012 regional transportation plan are under technical development at SCAG. Overlaid over these traditional requirements will be the new requirements imposed by SB 375, which mandates that land use, RHNA, and transportation planning be integrated and accomplished within a framework of air quality and greenhouse gas emissions reductions. City staff has reviewed the OCCOG documents, and recommends that the City of Seal Beach continue to be a Member Agency of OCCOG. By executing the amended and restated joint powers agreement, the City of Seal Beach will be able to achieve economies of scale and cost effectiveness in monitoring and addressing these state and regional issues and maintain a coordinated Orange County voice through OCCOG's representatives. FISCAL IMPACT: As indicated in Exhibit 2 of the Amended and Restated Joint Powers Agreement Establishing the OCCOG (Attachment B), the proposed OCCOG annual membership dues would be $2,776.73. Each member of the OCCOG shall pay annual membership dues to recover costs for staffing, legal services, equipment, materials, contract services, office space and other capital and operational costs as stipulated by OCCOG's annual adopted budget. Membership dues are adjusted pursuant to OCCOG's annual adopted budget. There is adequate funding available in Account #001 - 010 -40300 (Memberships & Dues — City Council) for Fiscal Years 2009 -10 and 2010 -11 to cover the annual membership dues. RECOMMENDATION: That the City Council consider the adoption of Resolution No. 5981. A Resolution of the City Council of the City of Seal Beach, California, In Support of (1) Adopting the Amended and Restated Orange County Council of Governments Page 4 ( OCCOG) Joint Powers Agreement; and (2) Authorize the City Manager to execute the amended and restated Joint Powers Agreement, and transmit the signed OCCOG Joint Powers Agreement to the OCCOG Interim Executive Director. SUBMITTED BY: NOTED AND APPROVED: I I'. Ingram al David N. Carm Assistant to the City anager City Manager Attachments: A. Resolution No. 5981 B. Amended and Restated Joint Powers Agreement Establishing the OCCOG C. Attachment 1 — OCCOG Information Sheet D. Joint Powers Agreement Establishing the OCCOG ATTACHMENT "A" Resolution No. 5981 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT" RESOLUTION NUMBER 5981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT WHEREAS, the Orange County Council of Governments (OCCOG) serves as a Southern California Association of Governments (SCAG) sub - regional organization that represents the interests of Orange County in the consideration of SCAG plans, programs, policies and legislative platforms; and, WHEREAS, 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, WHEREAS, 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, WHEREAS, 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, WHEREAS, 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, WHEREAS, 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, WHEREAS 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, WHEREAS, 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, WHEREAS, 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. Resolution Number 5981 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Seal Beach hereby approves the amended and restated OCCOG joint powers agreement as adopted by the Orange County Council of Governments on June 25, 2009, attached hereto as Exhibit A and incorporated herein by this reference. SECTION 2. Authorizes the City Manager of the City of Seal Beach 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 3. The Clerk shall certify the adoption of the resolution. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 12th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk • STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5981 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of April , 2010. City Clerk ATTACHMENT "B" Amended and Restated Joint Powers Agreement Establishing the OCCOG Agenda Item G AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE ORANGE COUNTY COUNCIL OF GOVERNMENTS This presentation reflects the Amended and Restated Agreement made between the Member Agencies (listed in Exhibit 1) 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 a council 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 ( "OCCOG ") is best suited to accomplish the preparation of subregional plan components mandated by state and federal law to 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. G. Between approximately April 1996 and January 1998, thirty (30) — Member Agencies adopted the original Joint Powers Agreement ( "Original JPA ") for the OCCOG. Since that date, twelve (12) additional Orange County agencies have signed the Original JPA to become Member Agencies. H. The Member Agencies believe the OCCOG has been operating effectively at accomplishing its purposes, as outlined in the Original JPA, and seeks to have the Original JPA amended by this Amended and Restated JPA to better comport with the present and anticipated future needs of the OCCOG. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, Member Agencies agree as follows: SECTION 1 ESTABLISHMENT This Agreement amends and supersedes the Original JPA in its entirety. 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. 2 SECTION 2 PURPOSE AND FUNCTIONS 2.1 Functions OCCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. The OCCOG shall: a. Serve as a forum for consideration, study and recommendation on area -wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to Orange County; c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of its members; d. Seek economies of scale whenever practical in the administration of governmental services; e. Exercise jointly the common powers of its members to manage and administer any implementation agreement or program; f. Make and enter into contracts; g. Contract for the services of engineers, attorneys, planners, financial consultants and others and employ such other persons, as it deems necessary: h. Adopt rules, regulations, policies, bylaws and procedures governing the operation of OCCOG; i. Apply for grants under any federal, state, regional or local programs as needed to achieve member objectives; j. Seek the adoption or defeat of any federal, state or local legislation or regulation necessary or desirable to accomplish the stated purposes and objectives of the OCCOG; k. Incur debts, liabilities or obligations; 1. Acquire, hold or dispose of property; m. Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; 3 a To the extent not specifically provided in this Agreement, to exercise any powers authorized by the member agencies to achieve the OCCOG's objectives and such further powers not specifically mentioned herein, but common to Member Agencies, and authorized by California Government Code Section 6508. 2.2 Limitation of Powers The manner in which the OCCOG may exercise its powers shall be subject to any statutory limitations applicable to the Orange County Transportation Authority. 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 addenda, 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 ( "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 of the member parties at any time shall be shown on Exhibit 1, 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 agency shall become effective ninety (90) days after a resolution adopted by its governing body which authorizes withdrawal is received by the OCCOG. 4 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 All functions of the OCCOG shall be exercised by the Board. Recognizing the provisions for formation in Section 9.1 of this agreement, the Board would be composed of elected officials and ex- officio (non voting) representatives of the following entities, as further provided in the OCCOG's Bylaws: Entity No. of Members Voting 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 Representative to SCAQMD 1 Orange County Delegates to SCAG 12 Orange County SCAG representative 1 At -large Orange County Cities Member 1 Total Members 20 voting Additionally, there shall be one Orange County Division, League of California Cities Representative (non - voting Ex- Officio), one Private Sector Representative (non - voting Ex- Officio) and one University Representative (non- voting Ex- Officio) on the OCCOG Board, but more may be established based on needs and in accordance with the OCCOG's Bylaws. • 5 4.2 Terms /Removal Board members serve at the pleasure of the appointing entity and Board, as further set forth in the OCCOG Bylaws. 4.3 Vacancies /Alternates If a person who has been appointed as a director ceases to serve as a member of the appointing entity or no longer qn lifies 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. Each Board member can designate one or two alternates, provided that said alternates serve in 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. All provisions of law relating to conflicts of interest that apply to a Board member shall apply to alternate board members. 4.4 Ex- Officio Representatives Such representatives shall receive all meeting notices, shall have the right to participate in Board discussions, and shall have the right to place matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. 4.5 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 an agency, the elected official shall represent that agency on the OCCOG Board. Procedures 6 for filling open OCCOG member positions will follow those described in the OCCOG's Bylaws. 4.6 Officers Chair: The Chair of the Board shall be elected annually as further provided in the OCCOG bylaws. Any Board member may be authorized to represent the Board upon approval by the Chairman. Vice Chair: The Vice Chair of the Board shall be elected annually, as further provided in the OCCOG bylaws, and have all the powers to act in the place of the Chair in the Chair's absence. 4.7 Quorum A 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. 4.8 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: All meetings shall be called and conducted in accordance with the Ralph M. Brown Act. 4.9 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, Consultants and Agents The Board shall have the power to appoint, by employment or on a contractual basis, and remove an administrative officer to serve as the Executive Director of the Board. Such Executive Director shall have full authority and responsibility to implement the purposes and objectives of the OCCOG, subject to the general authority of the Board and specific definition of duties, responsibilities and compensation by contract or employment terms as approved by the Board and as provided by the OCCOG Bylaws. The dudes of the Executive Director may be . delegated by the Executive Director to subordinate employees or performed through contractual services. The Board may appoint any additional staff, consultants or agents, as deemed necessary or desirable by approval of the Board. Such additional officers may be officers or employees of a Member Agency or the Board may approve entering into a contractual agreement for services for any function necessary for the Board to carry out its purpose, which additional officers or employees shall not be deemed employees of the OCCOG. Additional support to OCCOG may be provided through committees, as established in the Bylaws. 5.2 Funding Dues: Each Member of the OCCOG shall pay annual membership dues to recover costs for staffing, legal services, equipment, materials, contract services, office space and other capital and operational costs as stipulated by OCCOG's annual adopted budget, which dues shall initially be set at the amount provided as Exhibit "2" attached hereto and, thereafter, adjusted pursuant to OCCOG's annual adopted budget. Said dues structure shall be established by resolution of the Board and shall be updated annually. 8 Additional funding for the OCCOG's operation may be provided by monies provided to Orange County from the Southern California Association of Governments, member and /or non - member agency financial contributions, grants, and other sources authorized and approved by the OCCOG Board. 5.3 Assignment of Additional Responsibilities Additional responsibilities will be undertaken by OCCOG in accordance with the following procedures. 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 Director or an OCCOG committee the task of examining staffing needs and funding issues to undertake additional responsibilities, including the need to establish a special assessment to fund any additional responsibility, 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 Executive Director or OCCOG committee will also base its recommendations, and the OCCOG 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. 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 approval of its Board, with concurrence of the affected agency(ies). 9 • SECTION 6 FINANCES 6.1 Budget Prior to July 1st of each fiscal year, the Board shall adopt a budget. 6.2 Designation of Treasurer and Auditor /Controller The Board shall, in accordance with applicable law, designate a Treasurer and Auditor /Controller 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 and 6505.5 of the Government Code and such duties as may be required by the Board. The Auditor /Controller shall maintain the financial records of the OCCOG, and 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 As authorized by California Government Code Section 6508.1, 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. The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities and obligations of the OCCOG alone, and not of the Members. 6.4 Control and Investment of OCCOG 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. 10 6.5 Funds and Properties The Board shall appoint an entity to receive and have the custody of and disburse OCCOG funds and property and make disbursements as agreed to by its members. The appointed entity shall invest OCCOG funds in accordance with the general law. All 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 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 of its employees. 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. 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. 11 SECTION 8 TERMINATION AND) 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 purposes 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. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as evidenced by the signatures below. MEMBER AGENCY By: Title: Date: ATTEST: By: APPROVED AS TO FORM: By: 0 EXHIBIT 1 MEMBER AGENCIES LISTING City of Aliso Viejo City of Anaheim City of Brea City of Buena Park City of Costa Mesa City of Cypress City of Dana Point City of Fountain Valley City of Fullerton City of Garden Grove City of Huntington Beach City of Irvine City of La Habra City of La Palma City of Laguna Beach City of Laguna Hills City of Laguna Niguel City of Laguna Woods City of Lake Forest City of Los Alamitos City of Mission Viejo City of Newport Beach City of Orange City of Placentia City of Rancho Santa Margarita • City of San Clemente City of San Juan Capistrano City of Santa Ana City of Seal Beach City of Stanton City of Tustin City of Villa Park City of Westminster City of Yorba Linda County of Orange Orange County Independent Special Districts /Water Agencies Orange County Transportation Authority Foothill / Eastern Transportation Corridor Agency San Joaquin Hills Transportation Corridor Agency County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,11,13,14 South Coast Air Quality Management District EXHIBIT 2 FY2009 -10 OCCOG MEMBERSHIP DUES FY 2009-10 Preliminary OCCOG Dues Structure for OCCOG Member Agencies k .:, - �-•. ..ma - To 1 . � _ ' -'` fie ^'r'� i a �h ai , 7 6 .i . ¢ f } , � 1 Aliso Viejo 45,249 1.45% $1 ,666.67 $1 ,932.94 $3,599.61 $3,599.61 2 Anaheim 346,823 11.11% $1,666.67 $14,815.56 $16,482.22 $5,000.00 3 Brea 40,081 1.28% $1,666.67 $1,712.18 $3,378.84 $3,378.84 4 Buena Park 82,768 2.65% $1,666.67 $3,535.68 $5,202.34 $5,000.00 5 Costa Mesa 113,955 3.65% $1,666.67 $4,867.92 $6,534.59 $5,000.00 6 Cypress 49,541 1.59% $1,666.67 $2,1.16.29 $3,782.95 $3,782.95 7 Dana Point 36,982 1.18% $1,666.67 $1,579.79 $3,246.46 $3,246.46 8 Fountain Valley 57,925 1.86% $1,666.67 $2,474.44 $4,141.10 $4,141.10 9 Fullerton 137,437 4.40% $1,666.67 $5,871.02 $7,537.69 $5,000.00 10 Garden Grove 173,067 5.54% $1,666.67 $7,393.06 $9,059.73 $5,000.00 11 Huntington Beach 201,993 6.47% $1,666.67 $8,628.72 $10,295.39 $5,000.00 12 Irvine 209,806 6.72% $1,666.67 $8,962.74 $10,629.14 $5,000.00 13 La Habra 62,635 2.01% $1,666.67 $2,675.64 $4,342.30 $4,342.30 14 La Palma 16,176 0.52% $1,666.67 $691.00 $2,357.67 $2,357.67 15 Laguna Beach 25,131 0.81% $1,666.67 $1,073.54 $2,740.21 $2,740.21 16 Laguna Hills 33,421 1.07% $1,666.67 $1,427.68 $3,094.34 $3,094.34 17 Laguna Niguel 66,877 2.14% $1,666.67 $2,856.85 $4,523.61 $4,523.51 18 Laguna Woods 18,442 0.59% $1,666.67 $787.80 $2,454.47 $2,454.47 19 Lake Forest 78,317 2.51% $1,666.67 $3,345.54 $5,012.21 $5,000.00 20 Los Alamitos 12,191 0.39% $1,666.67 $520.77 $2,187.44 $2,187.44 21 Mission Viejo 98,572 3.16% $1,666.67 $4,210.79 $5,877.46 $5,000.00 22 Newport Beach 84,554 2.71 % $1,666.67 $3,611.97 $5,278.64 $5,000.00 23 Orange 140,849 4.51% $1,666.67 $6,016.78 $7,683.44 $5,000.00 24 Placentia 51,727 1.66% $1,666.67 $2,209.67 $3,876.34 $3,876.34 25 Rancho Santa Margarita 49,764 1.59% $1,666.67 $2,125.81 $3,792.48 $3,792.48 26 San Clemente 67,892 2.18% $1,666.67 $2,900.20 $4,566.8 $4,566.8 27 San Juan Capistrano 36,782 1.18% $1,666.67 $1,571.25 $3,237.92 $3,237.92 28 Santa Ana 353,184 11.32% $1,666.67 $15,087.28 $16,753.95 $5,000.00 } 29 Seal Beach 25,986 0.83% $1,666.67 $1,110.07 $2,776.73 $2,776.73 30 Stanton 39,276 1.26% $1,666.67 $1,677.79 $3,344.46 $3,344.46 31 Tustin 74,218 2.38% $1,666.67 $3,170.44 $4,837.10 $4,837.10 32 Villa Park 6,259 0.20% $1,666.67 $267.37 $1,934.04 $1,934.04 33 Westminster 93,027 2.98% $1,666.67 $3,973.92 $5,640.59 $5,000.00 34 Yorba Linda 68,312 2.19% $1,666.67 $2,918.15 $4,584.81 $4,584.81 35 County of Orange 122,032 3.91% $1,666.67 $5,212.95 $6,879.62 $5,000.00 36 OCTA 0 0.00% $5,000.00 37 League of Cities, OCD 0 0.00% $5,000.00 38 TCA 0 0.00% $5,000.00 39 OC Sanitation District 0 0.00% $5,000.00 40 OC Special Districts (ISDOC) 0 0.00% $5,000.00 41 South Coast AQMD 0 0.00% $5,000.00 TOTAL $3,121,251 100.00% $58,333.33 $172,799.65 i I I I • ATTACHMENT "C" Attachment "1" OCCOG Information Sheet ATTACHMENT 1 OCCOG INFORMATION SHEET The OCCOG was established as a joint powers authority through an executed joint powers agreement that was entered into by thirty (30) founding Member Agencies between April 1996 and January 1998. These member agencies recognized the public interest, convenience and necessity in creating a separate legal entity — known as the OCCOG — to establish a unified Orange County position in performing its charge as an official subregion of the Southern California Association of Governments (SCAG). As a joint powers authority, OCCOG serves to monitor, analyze and provides Orange County technical and policy recommendations on all SCAG plans and programs, on behalf of its current forty members. Members include all Orange County cities, the County of Orange, Orange County Transportation Authority, the Transportation Corridor Agencies, and Orange County special districts including the Orange County Sanitation District and the Independent Special Districts of Orange County. • Key OCCOG responsibilities include: • protecting Orange County interests in SCAG's development of the Regional Housing Needs Assessment (RHNA) allocation to local jurisdictions in the six- county SCAG region; • protecting the local, bottoms -up development of the Orange County Projections, which represents Orange County's official growth forecast for local, countywide and regional planning; • adopting said official growth forecast, which is now required by statute to be used for RHNA allocations and for regional transportation planning; and, • providing input and recommendations on new requirements relating to SB 375 and its Sustainable Communities Strategy that seeks to reduce greenhouse gas emissions by shifting future and higher - intensity growth near transit stations and facilities. This is conducted through OCCOG's staff -level Technical Advisory Committee, its Board of Directors of elected Orange County representatives, and its representation of OCCOG Board of Directors on SCAG's Governing Board and policy level committees. OCCOG Amended and Restated Joint Powers Agreement: As the OCCOG undertook technical and policy revisions to its bylaws in 2009, OCCOG recognized that certain proposed bylaws revisions would concurrently require amendment to the original joint powers agreement. In turn, additional revisions were in order, to update outdated provisions in the agreement and to further authorize certain new provisions, such as establishing the authority for Member Agency dues. On June 25, 2009, the OCCOG Board of Directors adopted an amended and restated OCCOG joint powers agreement, and authorized the amended joint powers agreement to be transmitted to OCCOG Member Agencies for their individual execution. Key changes that were made to the OCCOG joint powers agreement are as follows: • updates the list of OCCOG member agencies; • updates the OCCOG voting member list of member agencies; • adds the provision for the establishment and member agency payment of dues; • streamlines the agreement's provisions so that specific terms governing how each voting member is comprised, is established pursuant to the OCCOG bylaws, therefore eliminating the requirement that the JPA be amended by each Member Agency for any subsequent clarifications; • clarifies the powers and limitations of the OCCOG; • replaces the designation of the City of Mission Viejo with the Orange County Transportation Authority as the entity required to be designated in the agreement, pursuant to Government Code 6509, which requires the specific identification of a member agency whose powers are reflective of the limitations of the OCCOG as a whole; • broadens the powers of the OCCOG to retain staff and consultants; and, • eliminates the specific designation of OCCOG committees, and instead, provides for the OCCOG bylaws to specify any committee created by the OCCOG Board to assist in executing OCCOG functions. The amended and restated OCCOG joint powers agreement is included as Exhibit A to the attached resolution of action. The OCCOG Board of Directors concurrently conducted a comprehensive assessment and revision to its adopted bylaws, in consultation with the OCCOG Board Ad Hoc Bylaws Subcommittee and with input from the Orange County City Managers Association OCCOG Oversight Committee. The revised OCCOG bylaws provide for a more defined discussion of OCCOG, describes its purpose and responsibilities, outlines how its members are elected and selected, and establishes procedures for the conduct of its operations. The OCCOG Board of Directors, at its meeting of June 25, 2009, reviewed, considered and adopted a comprehensive technical and policy revision to its operating bylaws. The 2009 amendment to the OCCOG bylaws are consistent with the 2009 amended and restated OCCOG joint powers agreement. The OCCOG bylaws are presented for your information and reference in Attachment 2. The OCCOG Board of Directors requests that each OCCOG Member Agency approve and execute the amended and restated OCCOG Joint Powers Agreement, and transmit the signed agreement to the OCCOG Interim Executive Director effective FY 2009 -10. ATTACHMENT "D" Joint Powers Agreement Establishing the OCCOG JONT POWERS AGREEMENT' ESTABLISHING THE ORANGE COUNTY COUNCIL OF GOVERNMENTS This presentation reflects the Agreement made between the Member Agencies (listed in Exhibit 2) hereinafter collectively or individually referred to as "Member Agencies." FEQTALS 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 a council of governments. I 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 subregional plan components mandated by 1 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 ESTABLISHMENT There is hereby created an organization known and denominated as he Orange .County Council of Governments (OCCOG) which shall be a public entity, separate and apart form 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:: a. Serve as a forum for consideration, study and recommendation on area - wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to Orange County; c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of its members; d. 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: 2 • a. 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. To apply for grants under any federal, state, regional or local programs as needed to achieve member objectives; f. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; g 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 addenda, amendment, of 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 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). SEC LION 4 BOARD OF DIRECTORS 4.1 Board of Directors and Voting All 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 County of Orange 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 21 voting 2 non - voting 4 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 . 5 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 on the absence of the director for whom the alternate director serves. All 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. 6 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 an 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 this 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. Any 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 A 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: All meetings shall be called and conducted in accordance with the Ralph M. Brown Act. 7 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 will 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. 8 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. 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). 9 SECTION 6 FINANCES 6.1 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. All interest collected on OCCOG funds shall be accounted for and posted to the account of said funds. 10 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 members 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 of 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 AND 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 purposes 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. 11 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. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as evidenced by the signatures below. ORANGE COUNTY COUNCIL OF GOVERNMENTS DATED: By: AT ZEST: DATED: Mayor Attest: 1 � . G . Pity Clerk, Seal Beach, CA cogsigttaturepage 13 EXHIBIT I INITIAL OCCOG RESPONSIBILITIES 1. Demographic activities in conjunction with California State University (or successor) as described in attached Memorandum of Understanding 2. 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 • 13