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HomeMy WebLinkAbout10-03 - Executing an Amended and Restated OC Council of Governments (OCCOG) Joint Powers AgreementRESOLUTION NO. 10-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT POWERS AGREEMENT. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the Orange County Council of Governments (OCCOG) serves as a Southern California Association of Governments (SCAG) subregional organization that represents the interests of Orange County in the consideration of SCAG plans, programs, policies and legislative platforms; 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; WHEREAS, the OCCOG Board of Directors (Board) recognized the need to amend and restate the original OCCOG joint powers agreement to: a) streamline and make consistent certain provisions relating to OCCOG between the provisions in the joint powers agreement and the provisions of the OCCOG bylaws; b) address updated references to member agencies and their voting on the Board; c) add a provision to establish membership dues for member agencies; and d) clarify the powers and limitations of OCCOG; and broaden the ability of OCCOG to retain staff and consultants; WHEREAS, the Board 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; 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; 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; WHEREAS, at its meeting of June 25, 2009, the Board reviewed, considered and adopted a comprehensive technical and policy revision to the OCCOG bylaws to further define the operation of the OCCOG; WHEREAS, the revised OCCOG bylaws effect such changes as refining 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; 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; BE IT RESOLVED that the City Council hereby resolve as follows: SECTION 1. City of Costa Mesa City Council 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 MAYOR 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 City Clerk shall certify to the passage and adoption of this Resolution and it shall thereupon take effect and be in force. PASSED AND ADOPTED this 19th day of January, 2010. ti Allan R. Mansoor, Mayor ATTEST: APPROVED AS TO FORM: Julie olcik, City Clerk Kimberly Ffall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 10-3 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of January, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of January, 2010. ULIE FOLCIK, CITY CLERK