FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) TO CREATE NEW ELECTIVE OFFICE: VICE-CHAIR FINANCE

Recommendation:

The Governing Body of the South Bay Cities Council of Governments seeks your approval of the proposed First Amendment to Agreement Establishing the South Bay Cities Council of Governments (A Joint Powers Authority) to create a new elected office of Vice-Chair Finance.

Background:

The South Bay Cities Council of Governments ("Council") is a joint powers authority created pursuant to the California Government Code. The Council's organizational documents consist of a joint powers agreement ("Agreement") and a set of Bylaws. Among other things, these organizational documents establish a Governing Board to conduct the affairs of the Council. The Agreement also establishes the elected offices of Chair and Vice-Chair (Agreement, Section 11). Pursuant to the Agreement, elections for these offices are to be held in May each year, for a one-year term commencing July 1.

The organizational documents also authorize the Governing Board to designate other offices and employees of the Council. (Agreement, Section 15: "The Governing Board may appoint or employ such other offices or employees as it deems appropriate") (Bylaws, Article V.C: "The Governing Board shall have the power to authorize such additional officers and employees as may be appropriate.")

At its meeting of August 1995, the Governing Board "elected" Governing Board Representative Joe Dawidziak of Redondo Beach to the office of "Vice-Chair Finance". As a technical matter, the Governing Board's motion to "elect" Representative Dawidziak to the office of Vice-Chair Finance really constituted an action to create an additional office and to appoint Representative Dawidziak to the office. At the time of the 1996 elections the Governing Board began to consider whether the Agreement should be amended to formally establish the elective office of Vice-Chair Finance. After considering the matter, at its meeting of October 24, 1996, the Governing Board voted to recommend adoption of the proposed first Amendment to the Agreement. An excerpt of the Governing Board's minutes and the proposed First Amendment to the Agreement are attached. A resolution to approve the First Amendment to the Agreement is also attached.

The proposed First Amendment to Agreement will become effective once the legislative bodies of eleven of the sixteen member agencies have approved it.

Recommendation:

The Governing Body of the South Bay Cities Council of Governments seeks your approval of the proposed First Amendment to Agreement Establishing the South Bay Cities Council of Governments (A Joint Powers Authority) to create a new elected office of Vice-Chair Finance.

RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF THE OFFICE OF VICE-CHAIR (FINANCE) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND TO ATTEST THE AMENDMENT.

WHEREAS, the South Bay Cities Council of Governments, (a Joint Powers Authority) was formed in 1995; and,

WHEREAS, that organization now wishes to create a new elected position titled Vice Chair (Finance); and,

WHEREAS, such an act requires amendment of the Joint Powers Authority agreement by a vote of not less than two thirds of the member cities;

NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby resolve as follows:

1) The First Amendment to Agreement Establishing the South Bay Cities Council of Governments (a Joint Powers Authority) is hereby approved; and,

2) The Mayor and City Clerk are hereby authorized and directed to execute and to attest the said First Amendment on behalf of the City of Hermosa Beach.

PASSED, APPROVED, and ADOPTED this 8th day of April, 1997.