CC - Item 2H - Joint Exercise of Powers AgreementE M E • •
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9 ° ROSEMEAD CITY COUNCIL
r STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: APRIL 8, 2008
SUBJECT: RESOLUTION APPROVING THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENT'S AMENDMENT ONE TO THE THIRD
AMENDMENT AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT
SUMMARY
At its October 18, 2007 meeting, the San Gabriel Valley Council of Government
(SGVCOG) approved a request by three of the San Gabriel Valley's water agencies
(Three Valleys MWD, San Gabriel Valley MWD, and Upper San Gabriel Valley MWD) to
be admitted to the SGVCOG under a single membership. On February 21s', the
Governing Board approved Amendment One to the Third Amended JPA and directed
that Amendment One be submitted to the legislative bodies of the SGVCOG's member
agencies for their approval.
Attached is the SGVCOG's Amendment One (Attachment A).
Staff Recommendation
Staff recommends that the City Council formalize the City's support of the SGVCOG's
Amendment One by adopting Resolution 2008-25 (Attachment B).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
7k- #<'q
Aileen Flores
Public Affairs Manager
Attachments: A - Amendment One
B - Resolution No. 2008-25
APPROVED FOR CITY COUNCIL AGENDA: O
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ATTACHMENT A
AMENDMENT ONE
to the
THIRD AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
of the
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AMENDMENT ONE EFFECTIVE DATE 2008
1. The effective date of AMENDMENT ONE to the THIRD AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT of the SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS ("AMENDMENT ONE") shall be the first date on
which fifty percent (50%) plus one (1) of the legislative bodies of the then active Members of the
San Gabriel Valley Council of Governments ("Council") approve and sign AMENDMENT
ONE.
2. The cover page of the THIRD AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT of the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
("JPA") shall be modified to include the effective date of AMENDMENT ONE.
3. Section 1. f. of the JPA shall be deleted in entirety and replaced with the following
sentence.
Code."
,If. Each Member is a public agency as defined by Section.6500 of the Government
4. In Section 4. b. (6) after the word "cities" the phrase "other public entities" shall be
inserted.
5. The first sentence of Section 5. a. shall be deleted in entirety and replaced with the
following sentence.
"Except with regard to the County, one person, who is a resident of the San Gabriel
Valley, shall be designated as a representative to the Governing Board by the legislative body of
each of the Members ("Governing Board Representative")."
6. The first sentence of Section 5. b. shall be deleted in entirety and replaced with the
following sentence."
"Except with regard to the County, one person, who is a resident of the San Gabriel
Valley, shall be designated as an alternate representative to the Governing Board by the
legislative body of each of the Members ("Alternate Governing Board Representative")."
7. The first sentence of Section 5 c. shall be deleted in entirety and replaced with the
following sentence.
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"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,
either a member of the legislative body of one of the appointing Members for city Members or
an elected official of a public agency for public agency Members except that Governing Board
Representatives and Alternate Governing Board Representatives for the County do not have to
be members of any legislative body but shall serve at the pleasure of their respective County
Supervisors.
8. Section 21. a. shall be deleted in entirety and replaced with the following.
"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 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 any way discharge, impair or modify the
voluntarily-assumed obligations for the withdrawn Member in existence as of the effective date
of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. Withdrawn
Members shall not be entitled to any reimbursement of annual dues paid. Withdrawal from any
Implementation Agreement shall not be deemed withdrawal from the Council. In addition to
being entitled to completely withdraw from the Council, the County may also partially withdraw
and reduce its annual dues with a corresponding reduction in its ability to participate in and vote
on matters before the Governing Board by filing a written notice of partial withdrawal with the
President of the Governing Board 60 days before the actual partial withdrawal. Such notice of
partial withdrawal shall indicate which Supervisorial District(s) shall remain active in the
Council and which are being withdrawn and shall be effective at 12:00 o'clock a.m. on the last
day of that 60-day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County shall no longer be able to participate in or
vote on behalf of the withdrawn Supervisorial District(s) on any matter before the Governing
Board or Council committees."
9. In the second sentence of Section 21. c. after the word "Since" insert the word "the"
10. Section 23. shall be deleted in entirety and replaced with the following.
"Section 23. Dues of Members. The Members of the Council shall be responsible
for the payment to the Council, annually, of dues for each fiscal year in the amounts periodically
budgeted by the Governing Board, as and for the operating costs of the Council as provided in
the Bylaws. The dues of any non-city and non-County Members of the Council shall be no more
than the maximum dues assessed to any of the city Members of the Council. An annual dues
assessment will be issued to all Members in July of each calendar year except that the annual
dues assessment for the County will be issued in July of each calendar year for those
Supervisorial Districts whose representation of the County began in the first six months of a
Council fiscal year and in January of the following calendar year for those whose representation
of the County began in the last six months of a Council fiscal year. Further, the annual dues
assessment will also be issued each January for any new Members, including Eligible Public
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Entities and other entities, who have become Member) of the Council for the first time and
whose membership commenced in the last six months of a Council fiscal year."
11. Exhibit A will be amended to include the name of the entity formed by the water agencies
of the San Gabriel Valley that seeks to become a Member of the Council.
The Members of the San Gabriel Valley Council of Governments have caused this
AMENDMENT ONE to be executed on their behalf, respectively, as follows:
PUBLIC AGENCY
By
Title
Attest
Date
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ATTACHMENT B
CITY OF ROSEMEAD
RESOLUTION NO. 2008-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
APPROVING AND ADOPTING AMENDMENT ONE TO THE
THIRD AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT OF THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the San Gabriel Valley Council of Governments ("SGVCOG")
was established and that certain Joint Exercise of Powers Agreement entered
into as of March 1. 1994: and
WHEREAS, the Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective September 17,
1998; and
WHEREAS, the Second Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective November 21,
2000; and
WHEREAS, the Third Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective April 10, 2007;
and
WHEREAS, membership in the SGVCOG has been limited to the County
of Los Angeles and cities in the San Gabriel Valley; and
WHEREAS, there is a growing need to have the SGVCOG consider and
address issues related to the availability and quality of the water to be supplied to
the residences, businesses and public facilities throughout the San Gabriel
Valley; and
WHEREAS, certain of the water agencies that provide water to the San
Gabriel Valley have indicated an interest in the SGVCOG and a willingness to
join the SGVCOG and actively participate in its activities; and
WHEREAS, the participation of water agencies in the activities of the
SGVCOG would further the public interest by assisting the SGVCOG to achieve
it goals and objectives; and
WHEREAS, the water agencies of the San Gabriel Valley have agreed to
create a single legal entity that will join the SGVCOG and represent the interests
of said water agencies; and
WHEREAS, in connection with the entry to the water agencies into the
SGVCOG, it is timely to clarify existing SGVCOG policy that annual dues paid to
the SGVCOG by a member agency will not be reimbursed in the event that a
member agency elects to withdraw from the SGVCOG; and
WHEREAS, Amendment One to the Third Amended and Restated Joint
Exercise of Powers Agreement for the SGVCOG would enable a legal entity
representing the water agencies of the San Gabriel Valley to join the SGVCOG
and participate in the SGVCOG's activities; and
WHEREAS, Amendment One to the Third Amended and Restated Joint
Exercise of Powers Agreement for the SGVCOG would preclude the
reimbursement of any annual dues paid by a member agency in the event of the
withdrawal of said member agency from the SGVCOG.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Amendment One to the Third Amended and Restated
Joint Exercise of Powers Agreement for the San Gabriel Valley Council of
Governments, attached hereto and incorporated herein by this reference, is
approved and adopted.
SECTION 2. That the City Clerk shall certify to the SGVCOG the adoption
of this resolution.
JOHN TRAN
MAYOR
ATTEST:
GLORIA MOLLEDA
CITY CLERK