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HomeMy WebLinkAbout17 - Orange County Council of Governments Status ReportAgenda Item 17 CITY OF NEWPORT BEACH c OFFICE OF THE CITY MANAGER DATE: December 9, 1996 TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to City Manager SUBJECT: Orange County Council of Governments Status Report BACKGROUND At the November 12th City Council meeting, Councilmember Glover requested a report on the status of the Orange County Council of Governments ( OCCOG). DISCUSSION The OCCOG has been meeting on a monthly basis since August. To date, twenty- seven cities, the County Sanitation Districts of Orange County, the Independent Special Districts of Orange County, and the Transportation Corridor Agencies have become OCCOG members. The County of Orange, OCTA, Anaheim, Yorba Linda, Laguna Hills and Garden Grove have not yet joined, but discussions are continuing to this end. The OCCOG Board has designated a subcommittee to meet individually with these agencies, as well as with other OCCOG member agencies who have outstanding issues, to attempt to resolve their concerns. In September, the City Council directed staff to convey two areas of concern to the OCCOG. City staff has done so in a series of discussions with League staff, who also act as OCCOG staff. The first concern relates to the membership of the OCCOG Board of Directors. The current structure was developed to allow for better consensus building among the SCAG delegates, and ultimately a stronger Orange County voice at SCAG and AQMD. However, this structure also means that some Orange County cities who are OCCOG member cities do not have a seat on the governing board and cannot directly participate in regional decisions that ultimately affect their municipal operations. City staff conveyed to the League staff that we support a "one vote, one city" structure so that all cities are assured that their voice is heard. Other cities have expressed the same concern and the OCCOG is currently evaluating whether a more traditional COG structure would meet Orange County's needs. . The second concern conveyed to League staff relates to the OCCOG's responsibilities, as designated in the Joint Powers Agreement. Currently, the agreement specifies 0 0 that the OCCOG will deal with air quality and SCAG - related issues. However, the • agreement also specifies how the OCCOG can undertake additional responsibilities, which must be approved by 2/3 of the OCCOG governing board as well as agreed to by the affected agency. However, the OCCOG can examine and provide input on other issues with only the approval of the OCCOG governing board. As directed by the Council, staff conveyed that the City strongly opposes any interference in any issue that is legally or traditionally the purview of local government, including land use decisions. League staff has confirmed that this issue has been raised as well by other organizations. League staff has assured the City that these concerns can be addressed either in the OCCOG by -laws or by revising the Joint Powers Agreement. It is expected that the Agreement will need to be revised sometime after the first of the year to incorporate other issues that have arisen since the original Agreement was developed. The OCCOG has offered to meet with the City Council to discuss these issues more fully. A tentative meeting has been scheduled for December 16th at 1:30 P.M. It is recommended that the Council authorize the Mayor to appoint an ad hoc committee to meet with the OCCOG representatives and to further explore our concerns. RECOMMENDATION • Receive and file the report. • Continue to pursue revisions to the OCCOG Board membership. • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 13,1996 TO: Honorable Mayor and Members of the City FROM: Peggy Ducey, Assistant to City Manager Agenda Item 5 THE MAY 13 SUBJECT: Formation of Orange County Council of Governments The Orange County Division, League of California Cities is requesting approval of a joint powers agreement to form the Orange County Council of Governments ( OCCOG). The purpose of the OCCOG is to create a formal organization that would provide a focal point where cities, the County, special districts, and other interests can coordinate on regional issues and become a unified advocate for Orange County interests. BACKGROUND is In January, the Orange County League passed Resolution 1 -96 supporting the formation of a council of governments. Also in January, the Newport Beach City Council adopted Resolution 96 -6, in support of a COG. These resolutions were a culmination of over a year's study by the Orange County League and the Orange County City Manager's Task Force to identify a more effective means that cities, the county and other public agencies can effectively cooperate on regional issues. In the past, the Regional Advisory and Planning Council (RAPC) provided a forum for city- county coordination. However, this body has no formal authority and with the recent county bankruptcy, the significant decrease in county unincorporated area, and the disbursement of regional planning activities among various agencies, it is becoming increasingly important to create a formally recognized regional planning authority. The initial areas of responsibility for the OCCOG will be the following: • Air quality activities, including development of Transportation Control Measures; monitoring regional, state, and federal air quality requirements; and interfacing with SCAG and SCAQMD on air quality issues. • Orange County monitoring and input into all SCAG activities, including Regional Comprehensive Plan & Guide development and long -range transportation plan development. • 0 0 • Intergovernmental coordination with the public and private sector. • Monitoring of significant legislative issues related to regional planning and air • quality. • Development and coordination of demographic projections. • Coordination of regional housing needs assessment data for Orange County. Of these responsibilities, the first four are currently performed by RAPC. The remaining two are performed by the County, but can easily be transferred to the COG. The proposed membership of the OCCOG will be a mix of elected officials and ex- officio (non- voting) members, with a total membership of 21 voting and 2 non- voting members. The proposed membership is: • Orange County Division, League of California Cities- 1 member • County of Orange - 1 member • Orange County Transportation Authority - 1 member • Orange County Transportation Corridor Agencies - 1 member • Orange County Sanitation Districts - 1 member • Orange County ISDOC /Water Agencies Representative - 1 member • Orange County Cities' Representative to AQMD - 1 member • County of Orange Representative to AQMD - 1 member • Orange County Delegates to SCAG - 12 members • • At -Large Orange County Cities Member - 1 member • Private Sector Representative (non- voting) - 1 member • University Representative (non- voting) - 1 member Orange County cities are being asked to act first on the OCCOG. When a minimum of sixteen cities execute the joint Powers Agreement, the OCCOG will be formed. Other proposed members will be asked to review the agreement over the next few months and added as members upon execution of the joint Powers Agreement. The formation of the OCCOG will not require any additional staffing or financial resources from agency participants. The Orange County League will provide on- going staff support, with member agencies providing special staff resources as needed. Member agencies will not pay dues since administration and operational expenses can be financed by SCAG sub - regional funds as well as special grants. RECOMMENDATION Authorize Mayor to execute the joint Powers Agreement establishing the Orange County Council of Governments. • • • • 9 L QUESTIONS AND ANSWERS ABOUT AN: ORANGE COUNTY COUNCIL OF GOVERNMENTS The following questions and answers reflect a range of topics commonly raised during discussions about the convening of a Council of Governments. Q. What is the purpose of the Orange County Council of Governments? A. The purpose of the organization is to unify Orange County so that it can speak with a collective voice on important subregional and regional issues. Working together and sharing resources is cost - effective by reducing duplication of effort, and the consensus achieved by member entities will allow Orange County to more effectively advocate its positions and augment its standing within the region. The recommended Council, which will be comprised of members representing local jurisdictions and special districts and agencies in Orange County, will provide Orange County's only mechanism for the collective examination of issues that are subregional or regional in nature and transcend individual political boundaries. Q. lVill a Council of Governments be another layer of government? A . No. The Orange County Council of Governments will formalize activities currently performed by the Orange County Regional Advisory and Planning Council (RAPC), which has existed since 1991. The Council's activities would not require new staff, and instead will tap existing staff resources from member entities. No membership dues will be required of member agencies. Q. With RAPC in place, why is there a need for a Council of Governments? A . RAPC is an informal body created in 1991 as an evolutionary step towards a Council of Governments. While RAPC has performed admirably, recent activities in Orange County resulting from the bankruptcy have required that local jurisdictions and agencies re- examine traditional roles and responsibilities. Times have changed in Orange County, and now more than ever the need exists for a formal, representative organization to be operational and be capable of conducting studies, building consensus, formulating recommendations and advocating positions for the benefit of Orange County collectively. Q. What types of issues will the Council of Governments deal with? A . Generally, the Council will ultimately address those issues that its members collectively decide to address. Initially, functions will include issues such as air quality attainment strategies, providing subregional input to the Southern California Association of Governments in its development of mandated regional plans, review of selected legislation pertaining to regional/subregional issues, liaison with the private sector, performing regional housing needs assessments and developing demographic data for use by members on a range of studies and planning activities. Q. Will these activities duplicate the activities being performed elsewhere in Orange County? A . No. These recommended activities are not Wng performed by any other agency • representing the collective interests of Orange County's cities, county and special purpose agencies. Focusing these issues in one forum with diverse representation will strengthen Orange County's voice in the region and state. Q. Will Council members be paid? A. No. Q. Will a majority of the Council's 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 conduct studies, make recommendations and advocate the implementation of those recommendations. The Council will serve as a resource for and not a barrier to member entities, and will have no power or ability to force any member entity to implement any recommendations. Q. How will the administration and operation of the Council be paid for? A. Through funds made available to the Orange County subregion from SCAG, staff provided by the member agencies, grants sought by the organization and other means determined by the Council's Board of Directors. No membership dues will be required. Q . How can member entities be sure the Council will not "run amuck ?" • A . The activities of the organization will be directed by the Board of Directors, and limited to those that the Board authorizes. The Council will have no independent staff; staff resources to complete projects will often be provided by the member entities or through consultant services for specific projects. Q. What about accountability to the voters? A . The proposed COG activities are not the responsibility of any one entity in Orange County, but need to be accomplished cooperatively among several interests. Constituents look fast to their City Council Members to respond to issues involving local government, including the kinds of activities the COG will perform. City representation on this forum will provide valuable information with which to respond to constituent requests. The COG will be established as a consensus - building mechansim that requires coordination among a number of local government agencies and entities, and participation from a broad rather than narrow spectrum of interests is in the best interests of the public. Also, the COG will be subject to the provisions of the Brown Act; all meetings will be publicly noticed and participation and input will be encouraged. • • • is 0 0 Q . Will the Council have the potential to save money? A . Yes. A primary goal of the COG is to work harder with existing resources to consolidate, collaborate and find new ways to do needed activities for less and eliminate duplication of effort. It is beneficial for member agencies to conduct joint studies on various topics. It is often more efficient and effective to conduct one study for a number of entities than it is to conduct duplicative studies for individual entities. Information and idea sharing among member entities is certain to reduce duplication as well. The proposed transition of demographics activities from the County of Orange to California State University Fullerton, a proposal developed through RAPC, will reduce the costs for performing these activities from $800,000 to $325,000. Q. Won't the Council's membership be unwieldy and burdensome? A . No. The proposed configuration of the Council, while not finalized, will likely be similar to that of the existing 21- member RAPC Board. A survey of similar entities statewide found that the size of governing boards to range from 12 to 38. The RAPC process and structure has allowed for timely review, discussion and increasing coordination of regional planning and policy issues by both its governing board and its technical support committees. Q. Will there be an ongoing review process to ensure the Council is fulfilling its mission? A . Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a review of the Council's activities by individual member entity staff and by the Council's Board of Directors. Q. What will the COG's relationship be to the Orange County Division, League of California Cities? A . The Division will continue to fulfill its role as an arm of the State League to its Orange County members. The COG will augment Cities' abilities to coordinate with other county entities on issues of mutual concern, just as it will augment entities' abilities to coordinate with Orange County Cities and the League. It is important that the League continue to function autonomously so that City interests are advocated. cogq&a 41O 61 0 0 JOINT POWERS AGREEMENT • ESTABLISHING THE ORANGE COUNTY COUNCIL OF GOVERNMENTS This presentation reflects the Agreement made between the (List all members) hereinafter collectively or individually referred to as "Member Agencies." RECITALS A. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two (2) or more public agencies to jointly exercise any power common to them. B. Each Member Agency and party to this Agreement is a (governmental) entity established by law with full powers of government in legislative administrative, financial and other related fields. • C. Member Agencies realize the urgent need for areawide planning and coordination in order to provide advice to public entities on a range of issues that affect multiple interests. D. Member Agencies believe that the joint exercise of their powers will provide an organization capable of conducting studies and projects designed to improve and coordinate common governmental responsibilities and services on an areawide and regional basis through a the establishment of an association of governments. E. Member Agencies wish to create a unified subregional organization which will improve Orange County's abilities to be represented in the southern California region, the State of California and the nation on issues and matters that affect collective Orange County interests. F. Member Agencies believe that an Orange County Council of Governments is best suited to accomplish the preparation of subregional plan components mandated by • state and federal law, conduct studies and projects designed to improve and coordinate the • common governmental responsibilities and services on an areawide and regional basis through the establishment of a council of governments, and explore areas of intergovernmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, Member agencies agree as follows: SECTION 1 ESTABLISHMENT There is hereby created an organization known and denominated as the Orange County Council of Governments ( OCCOG) which shall be a public entity, separate and apart form any member city or county. The Orange County Council of Governments shall be governed by the terms of this Joint Powers Agreement and the Rules, duly passed and adopted by the Board. • SECTION 2 PURPOSE AND FUNCTIONS 2.1 Functions OCCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. In addition to the specific functions described in Exhibit I to this Agreement, the COG shall:: a. Serve as a forum for consideration, study and recommendation on area - wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to Orange County; C. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of its members; d. Seek economies of scale whenever practical in the administration of governmental services; When authorized, OCCOG shall have the power in its own name to do any of the • following: 3.1 a. To exercise jointly the common powers of its members to manage and administer any Implementation Agreement or program; • b. To make and enter into contracts; C. To contract for the services of engineers, planners, financial consultants and others and apart therefrom to employ such other persons, as it deems necessary; d. To incur debts, liabilities, obligations, and issue bonds; e. To adopt rules, regulations, policies, bylaws and procedures governing the operation of OCCOG; f. To apply for grants under any federal, state, regional or local programs as needed to achieve member objectives; g. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; k. To the extent not specifically provided in this Agreement, to exercise any powers authorized by the member interests to achieve the OCCOG's objectives. SECTION 3 • ORGANIZATION Membership The parties to OCCOG shall be each public entity which has executed or hereafter executes this agreement, or any addenda, amendment, of supplement thereto, and which has not, pursuant to provisions hereof, withdrawn from the OCCOG. Other entities within Orange County may petition to become a member of the OCCOG by submitting to the Board of Directors (The Board) a resolution adopted by its governing body. The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board the petitioning entity shall become a member of the OCCOG. The names and addresses of the member parties at any time shall be shown on Exhibit 2, attached, as amended or supplemented from time to time. • rA i • • 3.2 Withdrawal from Membership Any member of OCCOG may, at any time, withdraw from the OCCOG. The withdrawal of a member entity shall become effective ninety (90) days after a resolution adopted by its governing body which authorizes withdrawal is received by the OCCOG. 3.3 Successor Agency The Orange County Council of Governments is hereby designated the successor in interest to the Orange County Regional Advisory and Planning Council (RAPC). SECTION 4 M q 4.1 Board of Directors and Voting All functions of the OCCOG shall be exercised by the Board of Directors. Recognizing the provisions for formation in Section 9.1 of this agreement, the Board would ideally be composed of elected officials and ex- officio (non voting) • representatives of the following entities: Entijy No. of Voting Members Orange County Division, league of California Cities 1 County of Orange 1 Orange County Transportation Authority 1 Orange County Transportation Corridor Agencies 1 Orange County Sanitation Districts 1 Orange County ISDOC/Water Agencies Representative 1 Orange County Cities Representative to AQMD 1 County of Orange Representative to AQMD 1 Orange County Delegates to SCAG 12 At -large Orange County Cities Member 1 Private Sector Representative (non - voting) 1 University Representative (non - voting) 1 Total Members 21 voting • 2 non - voting M q 0 0 4.2 SCAG District Representatives For OCCOG members who are appointed as SCAG district representatives, •. participation /membership in SLAG is not a prerequisite for OCCOG membership. For SCAG District representatives to OCCOG who are not members of SCAG, OCCOG membership will be determined by the jurisdiction(s) that constitute the SCAG District. This applies to both City and County representatives. 4.3 AQMD Goveming Board Representatives The AQMD representatives to OCCOG shall be the Orange County Cities and the County of Orange representatives to the Governing Board of the South Coast Air Quality Management District. Should the Cities AQMD Goveming Board position be vacant, the vacancy on OCCOG shall be filled through the City Selection Process of the Orange County Division, League of California Cities. Should the County's AQMD Governing Board position be vacant, the vacancy on OCCOG shall be filled by the Orange County Board of Supervisors. 4.4 Appointments by Member Agencies OCCOG representatives for the County of Orange (1 member), the Orange County • Transportation Authority (1 member), the Orange County Transportation Corridor Agencies (1 member), and the Orange County Sanitation Districts (1 member) will be appointed by these agencies' governing boards. The representative (1 member) from the Orange County Division, League of California Cities will be appointed by that organization's Executive Steering Committee. The at -large representative of the Orange County Cities will be selected annually by Orange County cities through the City Selection Committee. The Independent Special Districts of Orange County (ISDOC) / water agency representative will be determined by its Board of Directors . 0 0 4.5 Private Sector Representation • An ex- officio, non -voting representative from the private sector (as determined by the OCCOG) will be determined by that private sector entity. 4.6 University Representation An ex- officio, non - voting representative from the major universities in Orange County (UCI, CSUF and Chapman) will be selected from these institutions. This representative will be rotated among these universities on an annual basis based on the above -listed order. 4.7 Terms/Removal With the exception of the Cities at -large member (who is appointed annually), and the university representative, Board members serve at the pleasure of the appointing entity. 4.8 Vacancies /Altemates If a person who has been appointed as a director ceases to serve as a member of the appointing entity, he /she shall no longer serve on the OCCOG Board. The • appointing entity is encouraged to fill vacancies as expeditiously as possible to ensure representation on the voting Board of Directors. Each Board member can designate an alternate, provided that said alternate serves a similar capacity in the entity as the Board Member (i.e., elected officials for voting members). Alternate directors shall receive all meeting notices and written material sent to directors and shall have the right to participate and vote at meetings of the Board on the absence of the director for whom the alternate director serves. All provisions of law relating to conflicts of interest that apply to a director shall apply to an alternate director. 4.9 Ex- Officio Representatives Such representatives shall receive all meeting notices, shall have the right to participate in Board discussions, and the right to place matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. • 0 0 4.10 No Dual Representation It is recognized that elected officials often represent various agencies by serving on • various boards, committees, etc. In instances where elected officials represent more than one OCCOG member agency, the official will choose one agency to represent. When an elected official is the sole representative of an agency, the elected official shall represent that agency on the OCCOG Board of Directors. Procedures for filling open OCCOG member positions will follow those described in this Sections 4.2, 4.3, and 4.4. 4.11 Officers Chair: The Chair of the Board shall be elected annually at the first regular meeting of each calendar year. Any director may be authorized to represent the Board upon approval by the Chairman. Vice Chair: The Vice Chair of the Board shall be elected annually at the first regular meeting of each calendar year, and have all the powers to act in the place of the Chair in the Chair's absence. 4.12 Quorum • A majority of appointed voting directors shall constitute a quorum for acting on the business of the Board. If such number of Board members is an even number, a majority shall be one more than half the number of appointed directors to the Board. 4.13 Meetings Regular Meetings: Regular meetings of the Board shall be held every month according to a schedule approved by the Board at its first meeting each calendar year. Special Meetings: Special meetings may be called by the Chairman or a quorum of Board members. Brown Act: All meetings shall be called and conducted in accordance with the Ralph M. Brown Act. • io- 0 • 4.14 Bylaws • Bylaws providing additional details pertaining to the conduct of OCCOG and its support structure will be established and approved by the OCCOG Board. SECTION 5 STAFFING. FUNDING AND ADDITIONAL RESPONSIBILITIES 5.1 Staffing The League of California Cities, Orange County Division, shall serve in a lead capacity in coordinating staff resources among member entities to accomplish OCCOG work efforts and assignments. Member entities recognize that OCCOG tasks will often benefit from "in- house" expertise, thus will work to coordinate with individual member entities for the provision of staff to assist in the completion of assigned tasks and to minimize operational costs. Private sector contract assistance can be managed by either OCCOG or the member agencies. Support to OCCOG will be provided primarily through the following structures: • a. Executive Management Committee (EMC): The EMC will be comprised of executive directors of the member agencies as well as five City Managers as appointed by the President of the Orange County City Managers Association. The EMC will enable executive and management -level review and discussion of issues under OCCOG's purview, and provides a liaison between elected officials and technical staff on such matters. The EMC will meet on a monthly basis in support of OCCOG's activities and will provide policy -level recommendations to OCCOG members. b. Technical Advisory Committee (TAC): The TAC will be comprised of staffs from the member agencies and will provide technical review of regional activities per the direction of OCCOG and /or the EMC. c. Private Sector Task Force (PSTF): The PSTF will provide private sector input to OCCOG on air quality issues and on other issues under OCCOG's purview where the OCCOG deems it appropriate for such input. • 13 0 9 d. Other Committees, as determined necessary and convened by OCCOG, will provide assistance in meeting OCCOG objectives. • 5.2 Funding Funding for the Council's operation will be provided by monies provided to Orange County from the Southern California Association of Governments, member and/or non- member entity financial contributions, grants, and other sources authorized and approved by the OCCOG Board of Directors. 5.3 Assignment of Additional Responsibilities In addition to the initial OCCOG tasks identified in Exhibit I, additional responsibilities will be undertaken by OCCOG in accordance with the following procedures. a. Requests to Examine Issues and Provide Input/Recommendations: Requests from non - member and member agencies may be made to OCCOG to examine activities and provide recommendations. The OCCOG shall assign the Executive Management Committee the task of examining staffing/funding issues and providing recommendations to OCCOG on how and whether it might choose to • pursue the request. In addition to considering potential staffing/funding constraints, the EMC will also base its recommendations, and the COG shall consider, on whether the request/issue has strong countywide support among OCCOG members and can reduce or eliminate duplication, improve efficiencies and otherwise achieve countywide consensus and OCCOG objectives. b. Assignment of Responsibilities to OCCOG: Should requests from member and/or non -member agencies be made for the OCCOG to assume responsibility for delivery of services, development of plans, programs or similar activities, the OCCOG would assume said responsibilities upon a 2/3 vote of its Board of Directors, with concurrence of the affected agency (ies). • 0 ,V, 0 0 • SECTION 6 FINANCES 6.1 Budget Prior to July 1 st of each fiscal year, the Board shall adopt a preliminary budget. Prior to September 1st of each fiscal year, the Board shall adopt a final budget. 6.2 Designation of Treasurer and Auditor The Board of Directors shall, in accordance with applicable law, designate a Treasurer and Auditor for the OCCOG. The Treasurer shall have charge of the depositing and custody of all funds held by the OCCOG. 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 Board. The Auditor shall perform such functions as may be required by provisions of applicable law, this Agreement and any OCCOG bylaws and the direction of the Board. • 6.3 Obligations of the OCCOG The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities or obligations of the OCCOG alone. No member of the OCCOG shall be responsible, directly or indirectly, for any obligation, debt or liability of the OCCOG, whatsoever. 6.4 Control and Investment of Council Funds • The 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. 6.5 Funds and Properties The Board shall appoint an entity to receive and have the custody of, and disburse OCCOG funds and properties and make disbursements as agreed to by its members. The appointed entity shall invest OCCOG funds in accordance with the general law. All interest collected on OCCOG funds shall be accounted for and posted to the account of said funds. 10 ;51 .. 7.1 7.2 ELI 0 9 Accounts and Reports The OCCOG shall establish and maintain such records and accounts which are • deemed necessary to account for and report on the various sources of funds, expenditures, grants, programs and projects and, as may be required by good accounting practice, the State Controller or the United States Government. The books and records of the OCCOG shall be open to inspection by representatives of the members agencies at all reasonable times. SECTION 7 INDEMNITY Hold Harmless and Indemnity Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party of its employees. The member agencies, and their employees, officers, members and directors will not be liable to OCCOG (or anyone who may claim any right because of a • relationship with OCCOG) for any acts or omissions related to the service to OCCOG described in Section 5.1. OCCOG and its members will indemnify and hold the members harmless from any obligations, costs, claims, judgments, attorney's fees, and/or attachments in any way connected with the services provided to OCCOG under this agreement. SECTION 8 TERMINATION AND DISSOLUTION Termination The OCCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that the OCCOG and this agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of the OCCOG. Term�ination shall be accomplished by a majority action of the Board. I1 • r 0 8.2 Distribution of Property and Funds • In the event of the termination of this Agreement, any property interest remaining in OCCOG following the discharge of all obligations shall be disposed in accordance with Government Code Section 6512. • • SECTION 9 MISCELLANEOUS 9.1 Effective Date This Agreement shall be effective and the Orange County Council of Governments shall exist from and after such date as this Agreement has been executed by 50 percent plus one of the cities or the County of Orange in Orange County representing over 50 percent of the County's population. 12 n 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as evidenced by the signatures below. • ORANGE COUNTY COUNCII. OF GOVERNMENTS M 4_ M ATTEST: DATED: cogsignaturepage 13 In Mayor Attest: City Clerk, Newport Beach, CA • • r'r • EXHIBIT I INITIAL OCCOG RESPONSIBILITIES 1. Demographic activities in conjunction with California State University (or successor) as described in attached Memorandum of Understanding 2. Air Quality Activities • Input to development of Transportation Control Measures for Air Quality Management Plans. Market incentive plans and technologies promotion and implementation. • Monitoring regional, state and federal air quality plans and requirements • Liaison with SCAG, SCAQMD and others on air quality issues 3. Orange County Input to SCAG Activities • Regional Comprehensive Plan & Guide development and implementation • Input to development of long -range transportation plans prepared by • transportation commissions Preparation of other long -range plans /strategies as agreed by affected officials 4. Intergovern mental coordination with public and private sectors 5. Legislative Review /Outreach/Interface on activities affecting member agencies 6. Regional Housing Needs Assessment