FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR

SOUTH BAY CITIES COUNCIL OF GOVERNMENTS

Abstract:

The governing board of the South Bay Cities Council of Governments (the "COG") seeks your approval of the proposed First Amended and Restated Joint Powers Agreement for the South Bay Cities Council of Governments. The proposed amendment would establish a mechanism by which the South Bay Cities Council of Governments' total voting membership for quorum and voting purposes would consist only of Members on "active" status. A member agency would maintain active status by being current on its dues and by having its governing board representative or alternate representative present at least every third month. Any member placed on inactive status could be immediately reactivated merely by bringing its dues current or by attending a meeting.

The COG's governing board is submitting the proposed amendment because a quorum has not been present at a number of regularly-scheduled meetings over the past several years. The longest period over which a quorum has not been present has been three months. Thus, in some instances, it has been impossible for the COG to take necessary action in a timely manner.

Background:

The South Bay Cities COG is a joint powers authority created pursuant to the California Government Code. The COG's organizational documents consist of a joint powers agreement and a set of bylaws. Among other things, these organizational documents establish a governing board to conduct the affairs of the COG. The legislative body of each member agency selects one of its members to be the agency's representative to the COG's governing board, and another of its members to be the agency's alternate representative.

The South Bay Cities COG is the successor organization to several earlier associations. In 1977, a group of cities from the South Bay established a joint powers authority to deal with subregional transportation issues (the "South Bay Corridor JPA"). The South Bay Corridor JPA expires June 30, 1998.

Historically, the South Bay Cities also participated in an unincorporated association known as the South Bay Cities Association. The South Bay Cities Association played a valuable role in serving as a forum for the exchange of ideas and information among its member cities. There was, however, a growing need for the South Bay Cities to develop and implement their own subregional policies and plans and voluntarily and cooperatively to resolve differences among themselves. This led to the formation of the South Bay Cities COG in April 1995.

Then, effective May 1, 1997, the COG's member agencies approve a First Amendment to the COG's joint powers agreement. This amendment established the elective position of Vice Chair (Finance).

The COG's governing board now proposes that each member agency approve a proposed First Amended and Restated Joint Power Agreement. A draft of the proposed agreement, which has been marked to show the proposed changes from the current agreement, is attached. An excerpt of the COG's governing board's minutes recommending this action to the legislative bodies of the member agencies is also attached. The final attachment to this council item is a resolution to adopt, approving the proposed First Amended and Restated Joint Powers Agreement.

The proposed First Amended and Restated Joint Powers Agreement will become effective once the legislative bodies of eleven of the sixteen member agencies have approved it.

Recommendation:

The Governing Board of the South Bay Cities Council of Governments requests that you adopt the attached resolution approving the proposed First Amended and Restated Joint Power Agreement, to establish a mechanism by which the COG's total voting membership for quorum and voting purposes would consist only of member agencies on active status.

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RESOLUTION NO. 98-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING A FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF AN INACTIVE MEMBERSHIP STATUS AND MODIFYING THE AUTHORITY'S QUORUM REQUIREMENT.

WHEREAS, the South Bay Cities Council of Governments, a joint powers authority (the South Bay Cities COG), was formed in 1995; and,

WHEREAS, the South Bay Cities COG now wishes to have its member agencies amend its joint powers agreement to establish an "inactive" membership status and to modify the authority's quorum requirements; and,

WHEREAS, such an act requires approval of a First Amended and Restated Joint Powers Agreement "South Bay Cities Council of Governments" (A Joint Powers Authority) by a vote of not less than two thirds of the member agencies.

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

1) The First Amended and Restated Joint Powers Agreement "South Bay Cities Council of Governments" (a Joint Powers Authority) is 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 28th Day of July, 1998.

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