01-24-1994 - San Gabriel Valley Subregional Plan•
City Council
To Planning Commission
City Manager
FROM
Planning Department
SUBJECT: SAN GABRIEL VALLEY SUBREGIONAL PLAN
• City of West Covina
Memorandum
AGENDA
ITEM NO. -U-
DATE .1-24-94
SUMMARY: The San Gabriel. Valley 'Association of Cities has submitted the "San
Gabriel Valley Subregional Plan" as input to the Southern California
Association of Governments Regional Comprehensive Plan. These plans
have potentially significant issues which will affect West Covina's future.
As such, it is staff's intent to' provide an overview of the Subregional
Plan and the most reliant issues and actions which will affect West
Covina.
BACKGROUND:
At the beginning of 1993, the Southern California Association of Governments
(SCAG) earmarked $450,000 for San Gabriel Valley planning efforts to provide input
into SCAG's Regional Comprehensive Plan (RCP). The RCP is being developed in
response to federal and state mandates for the six -county SCAG Region (Los Angeles,
Imperial, Orange, Riverside, San Bernardino and Ventura). The RCP is structured
similar to that of a local general plan with functional elements addressing mandates
in transportation, air quality, housing, growth forecasts, water quality, and hazardous
Waste management. Other local issues. addressed include the economy, human
resources, finance, open space, water resources, and energy. The purpose of the RCP
is to create a framework for regional and local decision -making that is intended to
ensure such decisions are consistent and supportive of regional as well as local goals.
The process used by SCAG to develop the RCP has been referred to as a "bottom -up"
process. This process is intended to provide greater local input from SCAG's member
cities and counties. In implementing this process, SCAG sought to develop a new set
of relationships among the regional planning agencies (SCAG, AQMD, MTA, etc.), and
their constituent local governments. This relationship was built on 13 subregional.
organizations, which are groups of cities together with unincorporated areas.
In the San Gabriel Valley, SCAG sought to work through an existing organization to
provide subregional input rather than, create a new organization. The San Gabriel
Valley Association of Cities (SGVAC) agreed to this role and has coordinated the San
Gabriel Valley's subregional planning input with the assistance of a SCAG-funded
planning consultant (Cordoba Corporation).
During the past year Planning Department staff has participated on the Technical
Committee reviewing the SGV subregional plan. On September 29, 1993, the SGVAC
Executive Committee approved the San Gabriel Valley Subregional Plan as input to the
SCAG RCP.
DISCUSSION:
The SGV Subregional Plan is comprised of six elements:
1.
Mobility
2.
Growth Management
3.
Housing
4.
Air Quality
5.
Finance
6.
Economic
City Council -2- January 25, 1994
Planning Commission
City Manager
These elements are discussed individually within the outlines attached to this report.
The elements address existing conditions, issues, goals and potential policies for the
San Gabriel Valley.
The plan also examines an implementation strategy which involves the transition from
the SGVAC to a Council of Governments (COG) established by a Joint Powers
Agreement. Significant strides have been taken toward implementing this transition
and the details of this process are addressed,in the attached letter from SGVAC, dated
January 4, 1994.
With; a growing number of mandated planing efforts impacting local government, as
well as the regional planning agencies efforts, a subregional organization in the form
of a Council of Government could provide a stronger voice for cities rather than cities
acting individually. If the proposed creation of a COG comes to fruition, it would be
in West Covina's interest to participate and seek to have a strong voice in the Valley's
planning efforts.
RECOMMENDATION:
Staff recommends that the City Council and Planning Commission review and file this
report.
r
U1111. - -
J f e W. Collier
ng Director
rC/srg
Attachments
0121 SGVS.STA
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a;
TO: Jeffrey W. Collier, Planning Director
FROM: Harry W. Thomas
C� of West Covina
Memorandum
January 13, 1994
f
SUBJECT: SUBREGIONAL PLAN REPORT AND PRESENTATION
The following information is being provided in response to your memorandum of November 22,
1993
A. What does the mobility element cover?
1:1
1. Existing transportation system
2. Travel trends and characteristics
3: Future travel growth trends
4. Current regional efforts for mobility improvement projects
5. Subregional mobility issues, goals and objectives
What are the Plan° s issues and goals regarding this element?
Issues:
1. The scope of the Southern California region, geographically, economically, and
in population is so vast that it can not be treated as a single entity. Local
concerns are lost or ignored in centralized planning, while regional concerns are
beyond the capacity of most local governments to incorporate in their own
considerations. The planning process is most effective if done through
development of subregional associations of local governments. Only through
local agreement on the goals and actions can plans and programs be implemented
effectively. Impositions from outside are usually impractical, forced and do not
address local concerns.
2. Regional and subregional mobility is adversely impacted by gaps and deficiencies
in the transportation system. Local transportation problems are magnified by
regional system deficiencies. Regional mobility improvement projects have local
impacts.
3. Physical infrastructure improvements are not the only answer to mobility
problems. We can not build our way out of the mobility deficiencies. Increased
travel demand creates adverse environmental impacts.
Jeffrey W. Collier •
Page 2
January 13, 1994
•
Goals:
1. To promote inter jurisdiction
of subregional mobility prof
share of federal, state, and 1
2. To participate in the d
transportation system that
the same time recognizes
from external undesirable
3 To reduce the overall dema'
vehicle miles of travel, and d
vehicle occupancy, transit use
C. What significant areas/topics are of
1. Route 10/60 LRT project
2. Design and extend El Monte
Line.
3.
9
5
6
Encourage the use of
bikeway system.
cooperation and unity, to expedite implementation
;ts. To ensure that the subregion receives its fair
-al funding for mobility programs.
.opment of an integrated highway and transit
races subregional and interregional mobility and at
vidual jurisdictional differences and protects them
acts.
on the transportation system by reducing trips,
ndence on private automobile and by maximizing
and other alternative modes of transportation.
concern/interest to West Covina?
Busway (Route 10 HOV) to San Bernardino County
for transportation and support a subregional
Emphasize transit service for subregional local connections as strongly as for
regional connections and enhance north -south bus service throughout the San
Gabriel Valley.
"Smart Street" Corridors on Rte 60, 10, and 210.
Enhance north -south connectivity and traffic capacity within the subregion, and
between the subregion and southern Los Angeles County and Orange County.
7. Support the implementation of programmed highway system improvements,
including arterial upgrades, widenings, Transportation Systems Management
(TSM) projects and High Occupancy Vehicle (HOV) facilities.
If. you have any questions regarding the above, please call Dave Nelson at extension 8226.
fy W . Thomas.
Public Works Division
Manager/City Engineer
HWT: DLN:cn/trans.rpt
,
SAN GABRIEL VALLEY SUBREGIONAL PLAN
GROWTH MANAGEMENT ELEMENT
WHAT DOES THE GROWTH MANAGEMENT ELEMENT COVER?
1. Identifies demographic trends including 'a slowing population growth rate of
0.8 percent annually during the next 20 years and continued growth of the
Asian and Hispanic population.
2. One of the major implications . associated with urban form is its potential
linkages with mobility and air quality goals.
3. Limited water resources and landfill capacity are identified as potential
constraints to the Valley's growth.
WHAT ARE THE PLAN'S ISSUES AND GOALS REGARDING THIS ELEMENT?
1 . Overall goal is to maintain and enhance the physical and cultural environment
of the San Gabriel Valley during periods of growth, while planning more than
just the basic necessities for a better quality of life for its diverse population.
2. Promote an urban environment that emphasizes the local and historical
character of the Valley and meets the -individual, social, economic and cultural
needs of each community's residents.
3. Promote an urban form that affords necessary diversity of housing, jobs and
recreational options and is accessible by. all residents of the Valley.
4. Promote a diversified economic base with increased opportunity for desirable
employment and consumer activity.
5. Preserve, expand and/or promote new open space areas throughout the Valley.
6. Provide and maintain the individual character of Valley communities for those
who live, work, play and visit the Valley.
7. Provide a balanced subregion which will result in increased mobility
opportunities and cleaner air.
8. Maintain and promote. effective waste management in order to accommodate
the future growth as well as protect the health of Valley residents.
GROWTH MANAGEMENT ELEMENT
Page 2
January 1994
WHAT SIGNIFICANT TOPICS ARE OF CONCERN/INTEREST TO WEST COVINA?
1. Changing demographics will continue, resulting in a need for jobs and goods
and services.
2. Water resources will continue to be stretched necessitating further development
of water reclamation.
3. Solid waste management alternatives need to be addressed which include
diversion of waste, MRF's, waste -by -rail, and additional landfill capacity.
4. As
growth continues additional open space will become more
population
desirable.
5. Population density will increase i from approximately 4,800 persons per acre in
1990 to 5,600 in 2010.
grthman
SAN GABRIEL VALLEY SUBREGIONAL PLAN
HOUSING ELEMENT
The San Gabriel Valley Housing Element provides an analysis of existing housing conditions and
trends between 1980 and 1990, and growth projections for the period of 1990 to 2010. The
Housing Element also focuses on housing characteristics including housing type, occupancy
status, vacancy and affordability. This is followed by an assessment of housing conditions which
includes age of housing and overcrowding. Finally, major issues are identified within the
existing context, with subsequent goals and policies that are locally specific and realistic.
Issues and Goals
The brim of the Housing Element is to provide adequate and affordable housing
opportunities for the diverse population residing in the San Gabriel Valley. This overall goal
is broken down into five supporting goals including:
1) To establish for the San Gabriel Valley a local methodology for achieving housing targets
that is acceptable to HCD; SCAG, local entities and the County.
2) To provide adequate variety and supply of housing to meet the existing and future needs .of
all residents of the San Gabriel Valley.
3) To provide decent and affordable housing within a safe living environment for moderate and
lower -income residents in the San Gabriel Valley.
4) To improve public outreach for existing finance programs and to expand and coordinate
public and private financing for housing in the San Gabriel Valley.
5) To.maintain and enhance the quality of the existing housing stock.
Significant Topics of Interest/Concern to West Covina
The profile of housing conditions and characteristics in the San Gabriel Valley reveals that the
City of West Covina ranks third in the sub -region in number of households, is characterized
primarily by owner -occupied single-family units and has a vacancy rate of 3.3 percent, which
is lower than the County and sub -regional averages. The projected growth rate of 2.4 percent
for West Covina for the next 20 years is significantly lower than the County (23.8 percent) or
the San Gabriel Valley subregional average of 13.1 percent. The low vacancy rate and minimal
growth projected for the next 20 years are indicators of a continuing housing shortage which
supports inflated housing prices. The Housing Element notes that a vacancy rate of five to six
percent indicates a well -functioning and healthy housing market.
The median housing price in West Covina is slightly lower, and median rent and income .
figures are higher than the County and San Gabriel Valley medians. The median housing values
•
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in the San Gabriel Valley range from a low of $133,700 in the city of Pomona to a high of over
$500,00O in the cities of Bradbury and San Marino. The median housing value in West Covina
of $201,100 is below the County and Sari Gabriel Valley medians of $226,400 and $230,724
respectively. The median rent in West Covina of $663 is slightly higher than the County and
San Gabriel Valley subregional median rents of $570 and $663 respectively. The median income
in West Covina of $42,481 is higher thanthe County and San Gabriel Valley medians.
The Housing Element describes overcrowding as more than one person per room per housing
unit. The percentage of overcrowded housing units in the San Gabriel Valley ranges from very
low (2.4 and 3.1 percent) in Sierra Madre and Claremont to relatively high in South El Monte
and El Monte (44.2 and 42.61- respectively). West Covina with 13.2 percent of overcrowded
units is below the subregional average of �18.1 percent.
The estimated number of homeless indi,
is based upon the 1990 Census which n
in the San Gabriel Valley that recorded
Pasadena, Pomona, South El Monte, Al
city of West Covina had a significant
notes that according to professional co.
resulted in a serious undercount of the 1
Four cities, Pasadena, El Monte, Pon
programs for the homeless. Other citi
programs and/or services.
currently residing in the County of Los Angeles
11,790 homeless persons. There are six cities
;ant homeless populations, including El Monte,
and Covina. The Census did not report that the
is population. However, the Housing Element
, the methodology used by the Census Bureau
and Covina, reported providing formal service
including the city of West Covina, offer limited
The strategies for preserving and improving the affordable housing stock, 'as described in the
Comprehensive Housing Affordability Strategy (CHAS) for the City of West Covina, conform
to the goals and policies presented in the San Gabriel Valley Subregional Plan. The CHAS,
however, necessarily focuses on the housing needs of the city of West Covina and does not
address subregional coordination of housing. activities as proposed through the San Gabriel
Valley Subregional Plan. The goals and policies described for the San Gabriel Valley suggest
development of an action plan which allows sharing of costs and benefits in meeting fair share
housing requirements for the subregion. The San Gabriel Valley Subregional Plan also suggests
the development of joint powers agreements between municipalities which afford resource
sharing and program development that crosses jurisdictional boundaries.
SAN GABRIEL VALLEY SUBREGIONAL PLAN
CHAPTER VII. AIR QUALITY ELEMENT
WHAT DOES THE AIR QUALITY ELEMENT COVER?
1. There exists multiple regulations, from various levels of
government (e.g., EPA, ARB, AQMD, SLAG, MTA), which each city
is responsible for compliance, of which do not necessarily
take into account the local jurisdictions concerns, fiscal
impacts and other limitations. The list includes:
• 1991 Air Quality Management Plan (AQMP)
• 1992 Carbon Monoxide (CO),Plan
• Trip Reduction Ordinance (TRO)
• Backstop Rule 1504
• Congestion Management Plan (CMP)
0 Regional Comprehensive Plan (RCP)
2. The greatest source of air pollutants in the region are mobile
sources (i..e., automobiles, aircraft, trains, etc), with the
San Gabriel Valley not meeting the federal and state standards
for ozone (03) and particulate matter (PM10).
WHAT ARE THE PLAN'S ISSUES AND GOALS REGARDING THIS ELEMENT?
1. overall goal is to achieve improved air quality through the
development of local programs and actions that provide for the
balance of economic, health and lifestyle considerations in
the San Gabriel Valley.
2. Coordinate on a subregional basis- an effort to attain
compliance or to make a "good -faith" effort at compliance,
with current and future air quality regulations.
3. Improve air quality in the San Gabriel Valley. through
implementation of actions to reduce emissions at their
sources.
WHAT SIGNIFICANT AREAS ARE OF INTEREST TO WEST COVINA?
1. Subregional approach to air quality regulations that account
for local concerns and limitations and development of a
single, common timeframe, format and -set of requirements.
2. Use of air quality actions which are performance -based, rather
than target -oriented ("bean counting"), and consider such
factors as cost-effectiveness, political feasibility, local
implementability and emission reduction.
3. Emphasis is placed on actions that promote the use of
alternative modes of transportation, incentives rather than
regulations, and flexibility within the subregion.
SAN GABRIEL VALLEY SUBREGIONAL PLAN
FINANCE ELEMENT
1
WHAT DOES THE FINANCE ELEMENT COVER?
1. The aim is to encourage a regional approach to public facility,
infrastructure and public service planning and funding.
2. Notes 28. cities and the County each taking independent actions
based upon each agency's fiscal resources.
3. Comments on the fiscalization of land use.
I'
WHAT ARE THE PLAN'S ISSUES AND GOALS REGARDING THIS ELEMENT?
i
1. Overall goal is to provide financial resources necessary to
enhance and maintain the level of public services and facilities
required by the existing and future residents of the Valley.
2. Develop cooperation among service providers, the cities and the
County to maintain and provide sufficient public facilities and
services in the most efficient and effective manner.
3. Develop a public facility planning process that is an integral
part of the land use decisionmaking process, and establish revenue
programs to support infrastructure and facility demands.
4. Develop local, stable, and predictable sources of revenues to
provide a solid funding foundation for the Valley's service and
infrastructure needs.
5. Identify guaranteed state funding sources for mandated programs
and develop further state funding.
j
6. Maintain the effectiveness of redevelopment funds in developing
local infrastructure, services and job creation and retention.
WHAT SIGNIFICANT TOPICS ARE OF CONCERN/INTEREST TO WEST COVINA?
1. Subregional review of development projects.'
2. Assure that subregionally significant projects will provide or
fund their fair share of all public facility needs created.
I
3. Encourage the development of an equitable subregional method for
sharing the costs of facilities that serve the Valley.
4. Support the broadening of redevelopment funds for job creation
and retention.
SAN GABRIEL VALLEY SUBREGIONAL PLAN
ECONOMIC ELEMENT
WHAT DOES THE ECONOMIC ELEMENT COVER?
1. The Economic Element provides a review of economic data and
factors describing the strengths and weaknesses of the Valley.
2. It also provides observations from Valley business leaders on
how Valley agencies should work togethet for economic strength.
WHAT ARE THE PLAN'S ISSUES AND GOALS REGARDING THIS ELEMENT?
1. The overall goal is to improve the standard of living of all
Valley residents.
2. Improve the local, state, and federal regulatory environment and
tax system affecting Valley businesses.
3. Increase and maintain businesses and industries, that can compete
globally.
4. Encourage businesses to locate, stay and grow in the Valley.
5. Strategically incubate and grow key industries that will thrive
in the Valley and compete effectively in targeted markets.
6. Promote business growth through education and training of Valley
residents.
WHAT SIGNIFICANT TOPICS ARE OF CONCERN TO WEST COVINA?
1. Create a subregional mechanism to assist individual cities more
efficiently manage permit processing.
2. Promote international investment in the Valley.
3. Develop a subregional approach to the permit processing which.
will coordinate individual cities, regulatory and other
governmental processes into an automated, efficient, non -redundant
system, available to all municipalities and customers.
4. Encourage the development of economic hubs to avoid wasteful
competition among cities.
s
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San Gabriel Val"O**,�Aciation of. Cities
14156 Magnolia Blvd., Suite 103, S a818) 907-1664 • FAX (818) 784-1 187
(' K
VCI , 1
v� 1 T
EXECUTIVE January 4, 1994
COMMITTEE
Terry Dlpple, 7 1
President
San Dimas
Beatrice
LaPisto-Kirtley, Honorable Mayor Richard Jennings and
Vice President Members of the City Council
Bradbury City of West Covina
Bob Kuhn, Post Office Box 1440
Secretary West Covina, California 91793
Glendora
lack Thurston, Dear Mayor Jennings and Members of the City Council:
Treasurer
El Monte INTRODUCTION
Robert Bniesch
Rosemead Preparations for the creation of a formal organization to
George Fasching serve as the vehicle. to collectively address matters that
Arcadia impact the San Gabriel Valley cities are now complete It is
Martin Gallegos the firm belief of those who have been involved in this
Baldwin Park process of transitioning from the Association to a Council Of
Algird Leiga Governments (COG) that the San Gabriel Valley Council Of
Claremont Governments will, over the next few years, facilitate the
Ginny Joyce study and resolution of many important Valley issues in.,a
Duarte politically and technically sound manner and at a cost that
Bobbie McGowan will be attractive to the members.
Temple City
A single study of key issues that impact all cities in the
Henry Morgan Valley can be conducted at a 'fraction of the cost of
Covina
individual studies. Involvement of all cities in each effort
Louis Perez will also ensure high quality products that are implementable
La Puente by all cities on a voluntary basis
Nell Soto
Pomona Enclosed are formation documents, prepared pro bono by the law
EXECUTIVE firm of Burke, Williams & Sorensen, for the San Gabriel Valley
DIRECTOR Council Of Governments (COG) The documents have. been
Da%4dSmith reviewed and approved by a committee of city managers (Julio
Ken Spiker And Fuentes, Alhambra; Glenn Southard, Claremont; and Jim
Associates, Inc. Starbird, West Covina) , a committee of elected officials
MEMBER CITIES Alhambra Arcadia Azusa Baldwin Park Bradbury .Claremont Covina Diamond Bar Duarte ElMonte
Glendora Industry Irwindale La Canada Flintridge La Habra Heights La Puente La Verne Monrovia Monterey Park Pasadena Pomona
Rosemead San Dimas San Gabriel San Marino Sierra Madre South EI Monte South Pasadena Temple City Walnut West Covina
Honorable Mayor Richard Jennings; and
Members of the City Council
City of West Covina i
January 4_, 1994
Page Two
i
j
(Terry Dipple, San Dimas; Harry! Baldwin, San Gabriel; Tom Breazeal,
Temple City; Margaret Clark, Rosemead; Bea LaPisto-Kirtley, Bradbury;
Al Leiga, Claremont; Nancy Manners, West Covina; Raul Pardo, South El
Monte; Nell Soto, Pomona; and Fidel Vargas, Baldwin Park), and the
SGVAC Executive Committee.,
FORMATION OF THE COUNCIL OF GOVERNMENTS
The Joint Powers Agreement should be approved and executed by your
city. In addition, your City Council should designate by resolution a
Governing Board Member and Alternate Governing Board Member and submit
those appointments, along with the executed Joint Powers Agreement, to
David Smith, SGVAC Executive Director, not later than February 25,
1994. The Bylaws are included in the packet for information only. No
action on the Bylaws is required1by your City. They will be adopted by
the Governing Board of the COG at i its first meeting.
The Council Of Governments will become an official entity on March 1,
1994 if fifty percent plus one of the eligible public entities adopt
the Joint Powers Agreement by a majority vote of the legislative body
and sign the Agreement. If fifty percent. plus one of the eligible
public entities have not signed�the Agreement by March 1, 1994, then
the effective date of the Agreement - will be the first date on which
fifty percent plus one of the elIigible public entities adopt and sign
the Agreement.
STRUCTURE OF THE COUNCIL .OF GOVERNMENTS
In general terms, the Council Of'Governments will be structured with a
Governing Board (policy body) made up of one elected official selected
by each member city. There wiil be a Technical Advisory Committee
(TAC) consisting of the city manager of each member city or their
designee which will provide direct professional input to the Governing
Board. Othercommittees may be appointed by the Governing Board as
determined necessary.
It is anticipated that the
Governments will elect officers,
begin assembling a work program
Governing Board of the Council Of
;adopt Bylaws, arrange for staffing and
and.budget at its, first meeting.
Clearly, the size of the budget;of the Council OGovernments will be
f
directly related to the scope of !the work program developed and adopted
by the Governing Board of the Council Of Governments; which is
a ointed by the City Councils of the member cities.
Honorable Mayor Richard Jennings and
Members of the City Council
City of West Covina
January 4; 1994
Page Three
PURPOSE OF THE COUNCIL OF GOVERNMENTS
The Council Of Governments will:
1. Provide a formalized organizational structure to ensure fair
representation from each city in the San Gabriel Valley (one vote
per city);
2. Assist in coordinating subregional planning efforts and in
resolving conflicts among the cities in the San Gabriel Valley as
they work toward achieving planning goals;
3. Attempt to build consensus among the cities on the implementation
of policies and programs for addressing subregional and regional
issues;
4. Serve as a mechanism for obtaining State, Federal and regional
grants to finance a major portion of the expenditures of the
organization;
S. Serve in an advocacy'role in representing the San Gabriel -valley
cities at the regional, State and Federal levels on issues of
importance to the San Gabriel Valley; and
6. Possess the flexibility of utilizing professional staff, member
city resources, consultants or presently existing single purpose
public and public/private groups to carry out its programs and
projects.
The Council Of Governments will not possess the authority to compel any
of its members to conduct any activities or implement any plans or
strategies that they do not wish to undertake. The goal and intent of.
the Authority is one of voluntary cooperation among cities for the
collective benefit of cities in the San Gabriel Valley.
PRIORITIES OF THE COUNCIL OF GOVERNMENTS
The Governing Board of the Council Of Governments will develop its own
work program and establish its own priorities. However, a subcommittee
of the Subregional Plan Technical Advisory Committee, which is
comprised of one representative from each city in the subregional
planning area, the city managers committee and the elected officials
committee have established the following menu of issues/activities that
•
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Honorable Mayor Richard Jennings
Members of the City Council
City of West Covina
January 4, 1994
Page Four
and
should receive consideration by the Governing Board: Activities
relating to the subregional !planning process and the Regional
Comprehensive Planning process; Transportation Control Measures
(TCM's); transportation issues including transit and surface
transportation; air quality issues other than TCM's; Congestion
Management Program (CMP) issues; mandated programs (housing, air
quality and waste management); economic development issues; a public
outreach program on issues that will impact businesses and residents in
the Valley; and advocacy on behalf of the San Gabriel Valley cities at
all levels (agencies and the State and Federal government).
i
If you would like to discuss anyaspect of the formation of the Council
Of Governments in greater detaill, please contact me at (909) 394-6217;
David "Smith, SGVAC. Executive IDirector, at (818) 907-1664; Julio
Fuentes, Alhambra City Manager,t at (818) 570-5010; Glenn Southard,
Claremont City Manager, at ('909)1399-5441; or Jim Starbird, West Covina
City Manager, at (818) 814-8401.j Additionally, if you desire, I would
be happy to make a presentationito your City Council.
I look forward to all cities in the San Gabriel Valley.taking the
necessary action to join the San'iGabriel Valley Council Of Governments
so that we can move forward on March 1, 1994.
Ve truly yours,
n I
erry D'
Presi
ds I
Enclosures
c: James Starbird, City Manager (w/enclosures)
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
QUESTIONS AND ANSWERS
The following questions _ and answers are :those which were discussed during
presentations to City Councils, at San Gabriel Valley Association Of Cities (SGVAC)
Executive Committee and General Membership meetings, and during meetings with
individuals representing business in the San Gabriel Valley. The answers are based
on the collective opinions of the. City Managers Committee, the Elected Officials
Committee and the SGVAC Executive Committee.
Q. WON'T THE COUNCIL OF GOVERNMENTS REQUIRE YET ANOTHER MONTHLY
DINNER MEETING?
A. No. Upon the formation of the Council Of Governments, the San Gabriel Valley
Association Of Cities will be disbanded and its assets transferred to the Council
Of Governments. The Council Of Governments will be a more formal organization
which will primarily deal with issues in a businesslike forum. The Governing, Board
of the Council Of Governments may, however, schedule occasional dinner
meetings to fulfill the purposes of the Council.
Q. WILL THE COUNCIL OF GOVERNMENTS BE ANOTHER LAYER OF
GOVERNMENT?
A. The Council Of Governments will be formed as a Joint Powers Authority,1 which
is technically a separate governmental entity. From a practical standpoint, .
however, the function of the Council Of Governments will -be similar to that of the
existing San Gabriel Valley Association Of Cities. It should be noted that all cities
in the San Gabriel Valley are currently members of one or more Joint Powers
Authority and that few, if any, problems have been encountered with the operation
of these governmental entities.
Q. WILL A MAJORITY OF THE COUNCIL OF GOVERNMENTS MEMBERS HAVE THE
ABILITY TO COMPEL ONE OR MORE OF ITS MEMBERS TO COMPLY WITH THE
WISHES OF THE REST OF THE GROUP?
A. No. The Council Of Governments will have no power to require any member to
do anything that it does not wish to do.
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0.
A.
0.
A.
Q.
A.
0.
A.
A.
HOW MUCH WILL THE CITIES
TO PAY TO BELONG TO THE COUNCIL OF
GOVERNMENTS?
_ 1
It is unknown what the Governing Board of the Council Of Governments will adopt.
in the way of a budget. What is known is that a grant will be available from the
Southern California Association of -Governments and other grants will; in all
probability, be available also. There is no doubt, however, that the member cities
will be asked to support the organization financially and, in all probability, through
the commitment of staff resources such as has been done to expedite the
'subregional planning process.
WILL THE COUNCIL OF GOVERNMENTS BE A REPOSITORY FOR FUNDING
FOR REGIONAL PROJECTS?
i
No. The only grants the Council Of Governments will apply for will be for planning
studies. The Council Of Governments will not be involved in the construction of
projects.
WILL THE COUNCIL OF GOVERNMENTS MAKE DECISIONS ON WHAT
REGIONAL PROJECTS ARE! CONSTRUCTED, I.E. TRANSPORTATION
PROJECTS? I
The Council Of Governments may very well develop recommendations on plans
and proposals from other agencies and advocate those positions, i.e. the
Metropolitan Transportation Authority 30-Year Plan. However, the Council Of
Governments will not have the authority to direct resources to the construction of
projects.
i
WHY SHOULD A COUNCIL OF GOVERNMENTS BE CREATED WHEN WE HAVE
THE SAN GABRIEL VALLEY ASSOCIATION OF CITIES?
The San Gabriel Valley Association Of Cities is an- informal group created many
years ago to serve as a forum for the exchange of ideas among elected officials.
The Association fulfilled this function admirably. Times have changed. The
current need is for a more formal, representative organization that is able to
conduct studies, build consensus, formulate recommendations and advocate
positions for the benefit of the San Gabriel Valley cities collectively.
i
WHAT IS THE PURPOSE OF THE NEW ORGANIZATION?
f
The purpose of the new organization is to unify the San Gabriel Valley so that it
can speak with a collective voice on important subregional and regional issues.
The Council Of Governments, which will have an elected official from each city on
the policy body, will be representative and, as such, will be able to speak out on
issues that transcend city boundaries.
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Q. WHAT TYPES OF ISSUES WILL THE COUNCIL OF GOVERNMENTS DEAL WITH?
LAND USE? REDEVELOPMENT/ECONOMIC DEVELOPMENT? LOCAL SERVICE
LEVELS?
A.. The Technical Committee, which is made up of one staff person from each city
in the San Gabriel Valley subregional planning areas, the city managers COG
committee and the elected officials COG committee, have identified the following
issues as candidates for attention by the Council Of Governments:
- Transportation Control Measures (TCM's)
- Transportation issues, including transit and surface transportation
- Air quality issues other than TCM's
- Congestion Management Program (CMP) issues
- Mandated programs (housing, air quality and waste management)
- Economic development issues
Advocacy at all levels (agencies and the State and Federal government)
The Council Of Governments will ultimately address those issues that the cities
collectively decide to address.
Q. HOW WILL THE COUNCIL OF GOVERNMENTS BE STRUCTURED?.
A. The Governing Board of Council Of Governments will consist of a Governing
Board Member and Alternate Governing Board Member appointed by the. City
Council of each member city. There will also be a Technical Advisory Committee
made up of the city manager of each member city or his/her designee to provide
direct professional recommendations to the Governing Board. Other committees
will be appointed consisting of elected officials, city staff, representatives of other_
agencies, business groups, consortiums, etc. to deal with specific issues.
Q. WILL THE SMALL CITIES LOSE CONTROL TO THE LARGE CITIES?
A. The Governing Board .of the Council Of Government will function on a one. vote
per city basis. Thus, the small cities will actually have an advantage over the
larger cities.
Q. WILL THE SMALL CITIES BE SENSITIVE TO THE LARGER CITY ISSUES?
A. The cities collectively will address subregional and regional issues that are agreed
upon by the policy body.
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0
Q. WILL A MAJORITY OF THE CITI
ABLE TO IMPOSE THEIR WILL
PARTICULAR ISSUE?
A.
Fol
A.
Q.
A.
Q.
A.
21
nN
0
A.
IN THE COUNCIL OF GOVERNMENTS BE
THE CITIES IN THE MINORITY ON ANY
No. The Council Of Governments will conduct studies, make recommendations
and advocate the implementation of those recommendations. The Council Of
Governments will have no power, or ability to force any city to implement any
recommendations. It is, however, anticipated that the Council Of Governments will
develop a formal conflict resolution program that member cities may voluntarily
utilize to resolve differences.
HOW WILL THE ADMINISTRATION OF THE COUNCIL OF GOVERNMENTS BE
PAID FOR?
Through membership dues and grants.
WILL REPRESENTATIVES FROM THE. MEMBER CITIES BE PAID A SALARY?
No.
WHAT IF ALL THE CITIES IN THE SAN GABRIEL VALLEY DON'T PARTICIPATE?
i
It is anticipated that all cities will participate, however, the formation documents
state that the Council Of Governments will become operational on March 1, 1994
if fifty percent plus one of the eligible public entities adopt the Joint Powers
Agreement by a majority vote of the legislative body of each eligible public entity
and sign the Agreement. If fifty percent plus one of the eligible public entities
have not signed the Agreement by March 1, 1994, then the effective date of the
Agreement shall be the first date, on which fifty percent plus one of the eligible
public entities adopt and sign the Agreement. Cities that do not join the Council
Of Governments will not be represented on the Governing Board.
HOW CAN THE MEMBER CITIES BE SURE THIS ORGANIZATION WILL NOT
"RUN AMUCK?"
i
The activities of the organization ;will be directed by the Governing Board which
will be made up of one Council Member from each member city. Activities of the
Council Of. Governments will be limited to those that the Governing Board
authorizes.
HOW CAN A CITY WITHDRAW FIROM MEMBERSHIP?
By giving sixty days notice.
S
0. WILL THE COUNCIL OF GOVERNMENTS HAVE THE POTENTIAL TO SAVE
CITIES MONEY?
A. Yes.. Often cities find it beneficial to conduct studies jointly on various topics. It
is often more efficient and effective to conduct one study for a number of cities
than it is to conduct a separate study for each city. This is evidenced by the fact
that nearly all cities in the San Gabriel Valley have, at one time or another,
benefitted from membership in a single -purpose Joint Powers Authority or other
similar organization.
1-94
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•
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A JOINT POWERS AUTHORITY
•
i
TABLE OF CONTENTS
PAGE
Section
1.
Recitals . . .
. . . . . . . . . . . . . .
. . 1
Section
2.
Creation of Separate
Legal Entity
2
Section
3.
Name . . . .
. . . . . . . . . . . .
. . 2
Section
4.
Purpose and Powers
of the Council . . . . . .
. . 2
a. Purpose of Council
. . . . . . . . . . .
. . 2
Section
5.
Creation of Governing
Board . . . . . . . . .
. 4
a. Designation of
Governing
Board Representatives
. . . . . .
. . 4
b. Designation of
Alternate
Governing Board
Representatives
. . . . . . . . . .
4
C. Eligibility
. . . . . . . . . .
. . 4
Section
6.
Use of Public Funds
and Property . . . . .
... . 4
a. Voting and Participation
. . . . . . .
. . . 4
b. Proxy Voting
. . . . . . . . ..
5
c. Quorum
. . . . . . . . . . . . .
. . . 5
d . Committees
. . . . . . . . . . . .
. . . 5
e. Actions .
. . . . . . . . . . . .
. . . 5
Section
8.
Duties of the Governing
Board . . . . . . .
. . . 5
Section
9.
-Roberts Rules of Order
. . . . . ... . . . .
. . . 5
Section
10.
Meetings of Governing
Board . . . . . . . .
. 5
Section
11".
Election of President and Vice -President . .
. 6
Section
13.
Designation of Treasurer and Auditor . . . .
. ... 7
Section
14.
Council Treasurer
. . . . . . . . .
. ... 7
Section,15.
Designation of Other
Officers and Employees
7
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Section
16.
obligations of Council . . . . . . . .
. . . 7
Section
17.
Control and Investment of Council Funds . .
. . . 7
Section
18.
Implementation Agreements . . . . . . . . .
. . . 7
Section
19.
Term . . . . . . . . . . . . . . . . . . . .
. . . 8
Section
20.
Application of Laws to Council Functions .
8
Section
21.
Members . . . . . . . . . . . . . . . . .
. . . 8
a. Withdrawal . . . . . . . . . . . . . .
. . . 8
b. Non -Payment of Dues . . . . . . . .
. . 8
C. Admitting Eligible Members . . . . . .
. . . 8,
d. Admitting New Members . . . . . . . .
. . . 9
Section
22.
Interference With Function of Members . . .
. . . 9
Section
23.
Dues of Members . . . . . . . . . . . . .
. .. 9
Section
24.
Disposition of Assets . . . . . . . . ...
. . 9
Section
25.
Amendment . . . . . . . . . . . . . . . . . ...
. 9
Section
26.
Effective Date . . . . . ... . . . . . . .
. 9,
i
"SAN GABRIEL VALLEYICOUNCIL OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This Agreement (:'Agreement") is made and entered into by
and between the public entities (collectively, "Members") whose.
names are set forth on Exhibit.A, attached hereto and
incorporated herein by this reference; pursuant to Section 6500
et sea. of. the Government Codeland other applicable law:
F
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and
entered into with respect to the following facts:
a. Historically; the San Gabriel Valley
Association of Cities, an unincorporated association, has played
a valuable role in serving as a forum for the exchange of ideas
and information among its member cities; however, the growing
need for the cities in the San�Gabriel Valley to develop and
implement their own subregional policies and plans and
voluntarily and cooperatively resolve differences among
themselves requires a more representative and formal structure;
b. The public interest requires a joint powers
agency to conduct studies and projects designed to improve and
coordinate the common governmental responsibilities and services
on an area -wide and subregional basis through the establishment
of a council of governments;
C. The public interest requires that an agency
explore areas of inter -governmental cooperation and coordination
of government programs and provide recommendations and solutions
to problems of common and general concern to its Members;
d. The public interest requires that an agency
with the aforementioned goals not possess the authority to compel
any of its members to conduct any activities or implement any
plans or strategies that they do not wish to undertake (except
for the payment of dues);
e. Each Member is a.governmental entity
established.by law with full powers of government -in legislative,
administrative, financial, andlother related fields;
. f. Each Member,lby and through its legislative.
body, has determined that a subregional organization to assist in
-1-
J
,planning and voluntary coordination among the cities in the San
Gabriel Valley is required in furtherance of the public interest,
necessity and convenience; and
g. Each Member, by and through its legislative
body, has independently determined that the public interest,
convenience and necessity requires the execution of this
Agreement by and on behalf of each such Member.
Section 2. .Creation of Separate Legal Entity. It is
the intention of the Members to create, by means of this
Agreement, a separate legal entity within the meaning of Section
6503.5 of the Government Code. Accordingly, there is hereby
created a separate legal entity which shall exercise its powers
in accordance with the provisions of this Agreement and
applicable law.
Section 3. Name. The name of the said separate legal.
entity shall be the San Gabriel Valley Council of Governments
("Council").
Section 4. Purpose and Powers of the Council.
Powers of the Council.
a. Purpose of Council. The purpose of the
creation of the Council is to provide a vehicle for the Members
to voluntarily engage in regional and cooperative planning and
coordination of government services and responsibilities to.,
assist the Members in the conduct of their affairs. It is the
clear intent among cities that the Council shall not possess the
authority to compel any of its members to conduct any activities
or implement any plans or strategies that they do not wish to
undertake (except for the payment of dues). The goal and intent .
of the Council is one of voluntary cooperation among cities for
the collective benefit of cities in the San Gabriel Valley.
b. Common Powers. The Council shall have, and may
exercise, the following powers:
(1) Serve as an advocate in representing the
Members of the San Gabriel Valley at the
regional, state and federal levels on issues of
importance to the San Gabriel Valley;
(2) Serve as a forum for the review, consideration,
study, development and recommendation of public
policies and plans with regional significance;
(3) Assemble information helpful in the
consideration of problems peculiar to the
Members;
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PJ
0
(4) Utilize Membe
single purpos
to carry out
c resources or presently existing
public and public/private groups
Lts programs and projects;
(5) Explore practical avenues for voluntary
intergovernmental cooperation, coordination and
action in the! interest of local public welfare
and improving the administration of
governmental services;
(�) Assist in coolydinating subregional planning
efforts and iln resolving.conflicts among the
cities in the' San Gabriel Valley as they work
toward achieving planning goals;
(7) Build a consensus among the Members on the
implementation of policies and programs for
addressing subregional and regional issues;
(8) Serve as a mechanism for obtaining state,
federal and �egional grants to assist in
financing the expenditures of the Council;
(9) Make and enter into contracts, including
contracts for the services of engineers,
consultants, planners,,attorneys and single
purpose public/private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or.
grants under any federal, state, or regional
programs;
(12) Receive gifts, contributions and donations of
property, funds; services and other forms of
financial assistance from persons, firms,
corporations and any governmental entity;
(13) Lease, manage, maintain, and operate any
buildings, works, or improvements; and
(14) Delegate some or all of its powers to the
Executive Director as hereinafter provided.
C. Exercise of Powers. The Council shall, in
addition, have all implied powers necessary to perform,its
functions. It shall exercise its powers only in a manner
consistent with the provisions of applicable law, this Agreement
and the Bylaws. For the purposes of determining the restrictions
to be imposed on the Council in its manner of exercising its
powers pursuant to Government Code section 6509, reference shall
-3-
I
be made to, -and the Council shall observe, the restrictions
imposed upon the City of West Covina.
Section 5. Creation of Governing Board. There is
hereby created a Governing Board for the Council ("Governing
Board") to conduct the affairs of the Council. The Governing
Board shall be constituted as follows:
a. Designation of Governing Board Representatives.
One person shall be designated as a representative of the
Governing Board by -the legislative body of each of the Members
("Governing Board Representative").
b. Designation of Alternate Governing Board
Representatives. One person shall be designated as an alternate
representative of the Governing Board by the legislative body of
each of the Members ("Alternate Governing Board Representative")
C. Eligibility. No person shall be eligible to
serve as a Governing Board Representative or an Alternate
Governing Board Representative unless that person is, at all
times during the tenure of that person as a Governing Board
Representative or Alternate Governing Board Representative, a
member of the legislative body of one of the appointing Members.
Should any person serving on the Governing Board fail to maintain
the status as required by this Section 5, that person's position
on the Governing Board shall be deemed vacated as of the date
such person ceases to qualify pursuant to the provisions of this
Section 5 and the Member shall be entitled to appoint a qualified
replacement.
Section 6. Use of Public Funds and Property. The
Council shall be empowered to utilize for its purposes, public
and/or private funds, property and other resources received from,
the Members and/or from other sources. Subject to the approval
of -the Governing Board of the Council, the Members shall
participate in the funding of the Council in such a manner as the
Governing Board shall prescribe, subject to the provisions of
Section 23 of this Agreement. Where applicable, the Governing
Board of the Council may permit one or more of the Members to
provide in kind services, including the use of property, in lieu
of devoting cash to the funding of the Council's activities.
Section 7. Functioning of Governing Board.
a. 'Voting and Participation. Each Member may cast
only one vote for each issue before the Governing Board through
its representatives. An.Alternate Governing Board Representative
may participate or vote in the proceedings of the Governing Board
only in the absence of that Member's Governing Board
Representative. Governing Board Representatives and Alternate
Governing Board Representatives seated on the'Governing Board
-4-
•
•
shall be entitled to participat
before the Governing Board onlj
present at the meeting of the C
which that Governing Board Repz
Board Representative represent!
required by this Agreement and
b. F
shall be permitted.
c. Quorum. A q
consist of not less than fifty
total voting membership.
d. Committees.
create permanent or ad hoc adv
the Governing Board on such ma
committee by the Governing Boa
stated purpose before they are
remain in existence until -it i
Qualified persons shall be app
Governing Board and each such
pleasure of the Governing,Boar
provided by law, this Agreemen
the Governing Board, may be co
Governing Board and non-repres
e. Actions. Ac
shall be by not less than fife
voting representatives of the
with a quorum in attendance, u
law, this Agreement, the Bylaw
Board, a higher number of vote
motion..
Section 8. Duties
Governing Board shall be deeme
making body of the Council. A
except as may be expressly del
provisions of applicable law,
direction of_the .Governing Boa
through the Governing Board.
Section 9. Roberts
Roberts Rules of Order shall a
Governing Board, except as may
provisions of applicable law,
direction of the Governing Boa
Section 10. Meeting
Governing Board shall, by mean
establish the dates and times
and vote on matters pending
if such person is physically
verning Board and if the Member
sentative or Alternate Governing
has timely and fully paid dues as
he Bylaws.
No absentee ballot or proxy
rum of the Governing Board shall
ercent (50%) plus one (1) of its
As needed, the Governing Board may
sory committees to give advice to
ters as may be referred to such
d. All committees shall have a
formed. Such a committee shall
dissolved by the Governing Board.
inted to such committees by the
ppointee shall serve at the
Committees, unless otherwise
the Bylaws or by direction of
posed of representatives to the
ntatives to the Governing Board..
ions taken by the Governing Board
percent (50%) plus one (1) of the
overning Board which are present
less by a provision of applicable
l or by direction of the Governing
is required to carry a particular
f the Governing Board. The
, for all purposes, the policy
1 of the powers of the Council,
gated to others pursuant.to the
his Agreement, the Bylaws or by
d, shall be exercised by and
Rules of Order. The substance of
ply to proceedings of the
otherwise be provided by
his Agreement, the Bylaws or by
of Governing Board. The
of.the adoption of Bylaws,
f regular meetings of the
-5-
4�
Governing Board. The location of each such meeting shall be as
directed by the Governing Board.
Section 11. Election of President and Vice -President.
The President shall be the chairperson of the Governing -Board,
shall conduct all meetings of the Governing. Board and perform
such other duties and functions as required of such person by
provisions of applicable law, this Agreement, the Bylaws or by
the direction of the Governing Board. The Vice -President shall
serve as President in the absence of the President and shall
perform such duties as may be required by provisions of
applicable law, this Agreement, the Bylaws, or by the direction
of the Governing Board or the President.
At the first regular meeting of the Governing Board, a
Governing Board Representative shall be elected to the position
of President by the Governing Board, and a different Governing
Board Representative shall be elected to the position of Vice -
President of the Governing Board. The terms of office of the
President and Vice -President elected at the first regular meeting
of the Governing Board shall continue through the first July 1 of
their terms and expire on the second July 1, and elections to
determine their successors shall not be held until the first
regular meeting of the. May preceding the second July 1.
Thereafter, a Governing Board Representative shall be elected
annually to the position of President, and a different Governing
Board Representative shall be elected to the position of Vice -
President of the Governing Board at the first regular meeting of
the Governing Board held in May of each calendar year. The terms
of office of the President and Vice -President shall commence' -and
expire on July 1.
If there is a vacancy, for any reason, in the position of"
President or Vice -President, the Governing Board shall forthwith,
conduct an election and fill such vacancy for the unexpired term
of such prior incumbent.
Section 12. Executive Director. The Governing
Board may appoint by a vote of fifty percent (50%) plus one (1)
of the total voting membership a qualified person to be Executive
Director on any basis it desires including, but not limited to, a
contract or employee basis. The Executive Director shall -be
neither a Governing Board Representative,,nor an Alternate
Governing Board Representative, nor an elected official of any
Eligible Public Entity (as defined in Section 21(c) of this
Agreement). The Executive Director shall be the chief
administrative officer of the Council. The Executive Director
shall receive such compensation as may be fixed by the Governing
Board. The Executive Director shall serve at the pleasure of the
Governing Board and may be relieved from such position at any
time, without cause, by a vote of fifty percent (50%) plus one
(1) of the total voting membership of the Governing Board taken
0M.
at a.regular, adjourned regular or special meeting of the
Governing Board. The Executive Director shall perform such
duties as may be imposed upon that person by provisions of
applicable law, this Agreement, the Bylaws, or by the direction
of the Governing Board.
Section 13. Designation of Treasurer and Auditor. The
Governing Board shall, in accordance with applicable law,
designate a qualified person to act as the Treasurer for the
Council and a qualified person'to act as the Auditor of the
Council. If the.Governing Board so designates, and in accordance
with provisions of applicable law,.a qualified person may hold
both the office of Treasurer and the office of Auditor of the
Council. The compensation, iflany, of a person or persons
holding the offices of Treasurer and/or Auditor shall beset by
the Governing Board.
Section 14. Council'Treasurer. The person holding the
position of Treasurer of the Council shall have charge of the
depositing and custody of all funds held by the Council. 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 Governing Board. The Council's Auditor shall
perform such functions as may be required by provisions of
applicable law, this Agreement; the Bylaws and by the direction
of the Governing Board.
Section 15. Designation of Other Officers and
Employees. The Governing Board may employ such other officers or
employees as it deems appropriate and necessary to conduct the
affairs of the Council.
Section 16. Obligations of Council. The debts,
liabilities and obligations of the Council shall be the debts,
liabilities or obligations of the Council alone. No Member of
the Council shall be responsible, directly or indirectly, for any
obligation, debt or liability of the Council, whatsoever..
Section 17. Controland Investment of Council Funds.
The Governing 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.
Section 18. Implementation Agreements. When
authorized by the Governing Board, affected Members may execute
an Implementation Agreement for the purpose of authorizing the
Council to implement, manage and administer area -wide and
regional programs in the interest of the local public welfare.
The costs incurred by the Council in implementing a program,
-7-
including indirect costs, shall be assessed only to those Members
who are parties to that Implementation Agreement.
Section 19. Term. The Council created pursuant to
this Agreement shall continue in existence until such time as
this Agreement is terminated.. This Agreement may not be
terminated except by an affirmative vote of not less than fifty
percent (50%) plus one (1) of the then total voting membership of
the Governing Board.
Section 20. Application of Laws to Council Functions.
The Council shall comply with all applicable laws in the conduct
of its affairs, including, but not limited to, the Ralph M. Brown
Act. (Section 54950 et sec., of the Government Code.)
Section 21. Members.
a. Withdrawal. A Member may withdraw from the
Council by filing its written notice of withdrawal with.the
President of the Governing Board 60 days before the actual
withdrawal. Such a withdrawal shall be effective at 12:00
o'clock a.m. on the last day of that 60-day period. The
withdrawal of a Member shall not in anyway discharge, impair or
modify.the voluntarily -assumed obligations of the withdrawn
Member in existence as of the effective date of its withdrawal.
Withdrawal of a Member shall not affect the remaining Members. A
withdrawn Member shall not be entitled to the return of any -funds
or other assets belonging to the Council, until the effective
date of termination of this Agreement, except that a withdrawn
Member shall be entitled to the balance of the annual dues paid
for the year by that Member which were intended for the remaining
part of that year. Withdrawal from any Implementation Agreement
shall not be deemed withdrawal from the Council.
b. Non -Payment of Dues. If a Member fails to pay
dues within three months of the annual dues assessment as
required under Section 23 of this Agreement and the Bylaws, and
after a 30-day written notice is provided to that Member, the
Member shall be deemed to be suspended from.this Agreement and
the Council. When a Member is suspended, no representative of
that Member shall participate or vote on the Governing Board.
Such a Member shall be readmitted only upon the payment of all
dues then owed by the Member, including dues incurred prior to
the suspension and during the suspension.
C. Admitting Eligible Members. Eligible public
entities whose names are set forth on Exhibit B to this Agreement
("Eligible Public Entities") shall be admitted to the Council by
1) adopting this Agreement by a majority vote of the legislative
body of the Eligible Public Entity and 2) properly signing this
Agreement. An Eligible Public Entity maybe admitted regardless
of whether it adopted and signed this Agreement before or after
-8-
Cl
the Effective D
No vote of the
Eligible Public
ate (as defined
Governing Board
Entity.
in Section 26 of this Agreement).
shall be required to admit an
d. Admitting NewiMembers. New Members who are not
Eligible Public Entities may be admitted to the Council upon an
affirmative vote of not less than fifty percent (50%) plus one
(1) of the total voting membership of the Governing Board
provided that such a proposed new Member is a city whose
jurisdiction, or part thereof, 'lies within and/or immediately
adjacent to, the San Gabriel Valley. Admission shall be subject
to such terms and conditions asp the Governing Board may.deem
appropriate.
Section 22. Interference With Function of Members.
The Governing Board shall not take any action which constitutes
an interference with the exercise of lawful powers by a Member
of the Council.
Section 23. Dues of Members. The Members of the
Council shall be responsible for the payment to the Council,
annually, of dues in the amounts periodically budgeted by the
Governing Board, as and for the, operating costs of the Council
("Dues") as provided in the Bylaws.
Section 24. Disposition of Assets. Upon termination
of__this Agreement, after the payment of all obligations of the.
Council, any assets remaining shall be distributed to the Members
in proportion to the then obligation of those Members' obligation
to participate in the funding of the Council as provided in
Section 23 hereof.
Section 25. Amendment. This Agreement may be amended
at anytime with the consent of fifty percent (50%) plus one (1)
of all of the legislative bodies of the then parties hereto.
Section 26. Effective Date. The effective date
("Effective Date:') of this Agreement shall be March 1, 1994 if
fifty percent (50%) plus one (1) of the Eligible Public Entities
adopt this Agreement by a majority vote.of the legislative body
of each Eligible Public Entity and sign this Agreement. If fifty
percent (50%) plus one (1) of the Eligible Public Entities have
not signed this Agreement by March 1, 1994, then the Effective
Date of this Agreement shall be the first date on which fifty
percent (50%) plus one (1) of the Eligible Public Entities adopt
and sign this Agreement.
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•
That the Members of this Joint Powers Agreement have
caused this Agreement to be executed on their behalf,
respectively, as follows:
City of
ATTEST:
12-16-93
r
-10-
Mayor
City Clerk
EXHIBIT B
Alhambra
Arcadia
Azusa
Baldwin Park
Bradbury
Claremont
Covina
Diamond Bar
Duarte
E1 Monte
Glendora
Industry
Irwindale
La Puente
0
La Verne
Monrovia
Monterey Park
Pasadena
Pomona
Rosemead
San Dimas
San Gabriel
San Marino
Sierra Madre
South E1 Monte
South Pasadena
Temple City
Walnut
West Covina
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BYLAWS
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
PREAMBLE
"The San Gabriel Valley Council of Governments (the
"Council") is an agency voluntarily established by its Members
pursuant to a Joint Powers Agreement ("Agreement"), for the
purpose,of providing a vehicle for the Members to engage in
regional and cooperative planning and coordination of government
services and responsibilities to assist the Members in the
conduct of their affairs. In addition, the Council.will provide
a regional organization for the review of federal, state, and/or
regional projects and studies which involve the use of federal,
state and/or regional funds, in various forms.
It is the clear intent among cities that the Council shall
not possess the authority to compel any of its members to conduct
any activities or implement any plans or strategies that they do
not wish to undertake.(except for the payment of dues). The goal
and intent of the Council is one of voluntary cooperation among '
cities for the collective benefit of cities in the San Gabriel
Valley.
Article I - Definitions
The terms "Agreement,","Alternate Governing Board
Representative," "Council," "Governing Board," and "Governing
Board Representative," as used in these Bylaws are defined in the
Agreement and said definitions are incorporated herein by
reference.
Article II - Membership and.Representation
A. Membership. Members shall withdraw from or be admitted
to the.Council in accordance with Section 21 of the Agreement.
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B. Representation.
1. The Governing Board Representative and Alternate
Governing Board Representativefor a city shall be designated by
a resolution of that city's legislative body. Governing Board
Representatives and Alternate Governing Board Representatives
shall be appointed for one year.
2. Names of Governing Board Representatives and
Alternate Governing Board Representatives shall be communicated
to the Governing.Board by the appointing city in writing.
3, Governing BoardfRepresentatives and Alternate
Governing Board Representativeg. shall serve until a successor is
appointed.
Article III ; Governing Board
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A. Powers and Duties. The powers and duties of the
Governing Board, subject to the limitations.of applicable law,
the Agreement and these Bylaws,, shall include:
1. All of the powers of the Council provided in
Section 4 of the Agreement, except as may be expressly delegated
to others pursuant to the provi5ions.of the Agreement, these
Bylaws or by the direction of the Governing Board shall be
exercised by and through the Governing Board.
2. Making policy decisions and determining policy
matters for the Council.
3. Conducting the affairs of the Council.
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4. Appointing, fixing the compensation of and
removing an Executive Director and other staff of the Council.
5.. Annually reviewing the proposed Council budget and
assessment schedule submitted by the Executive Director and
adopting.an annual budget and an assessment schedule.
6. Appointing a Technical Advisory Committee,
Standing Committees and, if necessary, committees to study
specific problems, programs, or other matters which it has
approved for study.
7. Acting upon policy recommendations including
policy recommendations from committees.
B. Meetings. i
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1. Regular meetings of the Governing Board shall be
held monthly. Special meetings of the Governing Board may be
called by the President. All meetings of the Council shall be
called and conducted, and an agenda posted, in accordance with
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the Ralph M. Brown Act, Government Code Section 54950 et seq., as
it now exists or may hereafter be amended. Members shall direct
their Clerks to comply with all notice and agenda posting
requirements deemed necessary by the Governing Board.
2. The time and date of regular meetings of the
Governing Board shall be on the of the month.
The location of each meeting shall be determined the preceding
month by the Governing Board.
3. Council committees shall meet on the call of their
chairperson or as otherwise provided herein and in compliance
with applicable law.
C. Voting. Voting on the Governing Board shall be
conducted as prescribed in•.the Agreement. Further, voting may be
either by voice or roll call vote. A roll call vote shall be
conducted upon the demand of five participating representatives,
or at the discretion of the presiding officer.
Article IV - Executive Director
The powers and duties of the Executive Director are:
A. Subject to the authority of and as directed by the
Governing Board, to administer the affairs of the Council..,
B. Subject to the authority of and as directed by the
Governing Board, to appoint, direct and remove all employees of
the Council and to retain consultants.
C. Annually to prepare and present a proposed budget to
the Board of Directors and to control the approved budget.
D. To serve as the Secretary of the Council.
E. To attend the meetings of the Governing Board.
F. To perform such other and additional duties as the
Governing Board, these Bylaws, the Agreement or applicable law
may require.
Article V - Other Officers and Employees
A. Secretary. The Executive Director shall be the
Secretary of the Council and shall have no vote on the Governing
Board. The Secretary shall keep a record of all proceedings and
perform the usual duties of such office.
B. Treasurer and Auditor. Pursuant to Government Code
section 6505.6, the Treasurer of the Council and the Auditor of
the Council shall be the same person. Any Governing Board
Representative who does not already hold an office may be
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appointed to be the Treasurer/Auditor of the Council. The
Treasurer/Auditor shall possess the powers of, and shall perform
those functions required by, Government Code sections 6505,
6505.5 and 6505.6, and all other applicable laws and regulations,
including any subsequent,amendments thereto.. The
Treasurer/Auditor shall have custody'of all funds and shall
provide for strict accountability thereof in accordance with
Government Code section 6505.5 and other applicable laws. The
Treasurer/Auditor shall annually cause an independent audit to be
made by a certified public accountant, or public accountant, in,
accordance with Government Code sections 6505 and 6505.6. The
Treasurer/Auditor shall perform all of'the duties required in
Government Code section 6505 and following, and such other duties
as may be prescribed by provisions of applicable law, the
Agreement, these Bylaws or by the direction of the Governing.
Board.
C. Additional Officers and -Employees. The Governing Board
shall have the power to authorize such additional officers and
employees as may be appropriate. Such officers and employees may
also be, but are not required to be, officers and employees of
the individual Members. None of the officers, agents, or
employees appointed by the Governing Board shall be deemed, by
reason of their employment by the Governing Board, to be employed
by any of the Members or, by reason of their employment by the
Governing Board, to be subject to any of the requirements of such
Members.
D. Bonding.Requirement.. The officers or persons who have.
charge of, handle, or have access to any property of the Council
shall be persons designated as such by the Governing Board. Each
such designated officer or person shall be required to file an
official bond with the Governing Board, at the expense of the
Governing Board, in an amount which shall be established by the
Governing Board. Should the existing bond or bonds of any such
officer be extended to cover the obligations provided herein,
said bond shall be'the official bond required herein. The
premiums on any such bonds attributable to the coverage required
herein shall be appropriate expenses of the Council.
E. Status of Members' Officers and Employees. As provided
in Government Code section 6513, all of the privileges and
immunities from liability and other benefits which apply to the
activity of officers, agents, or employees of any of the Members
when performing their respective functions within the territorial
limits of their respective public agencies shall apply to them
while engaged in the performance of any of their functions and
duties extraterritorially under this Agreement.
Article VI - Technical Advisory Committee
The Governing Board shall establish a Technical Advisory
Committee ("TAC") at its first regular meeting. The TAC shall be
established for the purpose of,making recommendations to the
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Governing Board. The TAC shall be composed of one city manager
(or person holding the equivalent position, which position
differs only in title), or that city manager's designee, from
each Member city. Each Member's designee to -the TAC shall be
designated by a letter of that agency sent to the Governing
Board. The President of the TAC shall be a city manager (or
person holding the equivalent position which position differs
only in title) of any Member and shall be.elected by a majority
vote of the city managers/or person holding a forum of their
choosing. The President of the TAC shall sit as an ex officio
member of the Governing Board and will make recommendations
directly to the Governing Board. A quorum of the TAC shall be
one-third (1/3) of its membership. The meetings of the TAC shall
be held'in accordance with the Ralph M. Brown Act (Government
Code section 5.4950 et seg.).
Article VII - Standing and Ad Hoc Committees
The Governing Board may establish Standing and Ad Hoc
Committees. The Standing and Ad Hoc Committees -shall be for the
purpose of developing recommendations to the [Governing Board or
TAC]. All Standing and Ad Hoc Committees shall have a written
statement of purpose, and the Ad Hoc Committees shall in addition
h-ave a written statement of charges, before they are formed. The
President shall recommend, and the Governing Board shall appoint
by a vote of fifty percent (50%) plus one (1); the members to the
Standing and Ad Hoc Committees. Members to the Standing and Ad
Hoc Committees shall be appointed for one year terms. In making
recommendations for members to the Standing and Ad Hoc
Committees, the President shall consider regional representation.
A quorum of a Standing or Ad Hoc Committee shall be fifty percent,\
(50%) plus one (1) of its membership. All Standing or Ad Hoc
Committees (except TAC) shall be chaired by a [Governing Board
Representative]. The meetings of the Standing and Ad Hoc
Committees shall be held in accordance with the Ralph~ M. Brown
Act (Government Code section 54950 et sec.).
Article VIII - General Assembly
A General Assembly may be called by the President of the
Governing Board at any time to discuss issues and make
recommendations to the Governing Board. All elected officials of
the legislative bodies of all Members shall be members of the
General Assembly. The General.Assembly is not required to meet.
The President of the Governing Board shall_ be the President of
the General Assembly.
Article IX - Budgets, Dues and Disbursements
A. Annual Budget. The Governing Board shall adopt a
Budget annually prior to July 1 of each calendar year.
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B. Budget Amendments. The Governing Board may at'any time
amend the budget to incorporate additional.income and
disbursements that might become available to the Council for its
purposes during a fiscal year.!
C. Fiscal Year. The Council shall be operated on a fiscal
year basis beginning on July 1�of each year and continuing until
June 30. I
.D.. Accounts. All fundslshall be placed in appropriate
accounts and the receipt, transfer, or disbursement of such funds
shall be accounted for in accordance with generally-adcepted
accounting principles applicable to governmental entities and
pursuant to Government Code section 6505 and any other applicable
laws. There shall be strict accountability of all funds. All
revenues and expenditures shall be reported to the Governing
Board. I
E. Expenditures Within Approved Annual.Budget. All
expenditures shall be made within the approved annual budget. No
expenditures in excess of those budgeted shall.be made without
the approval of a majority of a quorum of the Governing Board.
F. Audit. The records and accounts of the Council shall
be audited annually by an independent certified public
accountant, or public accountant, in compliance with Government
Code sections 6505.5 - 6505.6,'.and copies of such audit report
shall be filed with the State Controller and each party to the
Council no later than fifteen (15) days after receipt of said
audit by the Governing Board.
G. Dues. The Members of the Council shall be responsible
for the.payment to the Council; annually, of dues in the amounts
periodically budgeted by the Governing.Board, as and for the
operating costs of the Council;("Dues"). Sixty (60) days notice
shall be provided to Members of the date of the meeting at which
Dues are to be determined for the following year.
H. tReimbursement of Funds. Grant funds received by the
Council from any federal, state, or regional agency to pay for
budgeted expenditures for which the Council has received all or a
portion of said funds from thelparties hereto shall be used as
determined by the Governing Board.
Article X - Amendments
Amendments to these Bylaws may be proposed by a Governing
Board Representative. The Amendment shall be submitted to the
Governing Board at a meeting ajt least one month prior to the
meeting at which the Amendment'is voted upon. A vote of fifty
percent (50%) plus one (1) of the total voting membership of the
Governing Board is required to; adopt an Amendment.
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