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HomeMy WebLinkAbout25 - Formation of Orange County Association of GovernmentsAgenda Item �S OFFICE OF THE CITY MANAGER n. r tl . RT BEA CITY OF NE'N!FvR7 6FA�; CITY OF NEWPORT BEACH =JAN�i DATE: January S, 1996 TO: Honorable Mayor and Members of the City Council FROM: Peggy Ducey, Assistant to City Manager i D SUBJECT: Formation of Orange County Association of Governments After close evaluation over the past nine months, a Task Force of the Orange County League of Cities and the Orange County City Managers' Association has endorsed the formation of the Orange County Association of Governments. The purpose of the Association is to formalize existing city /county relationships, provide a focal point where various interests can develop consensus positions, and allow a unified voice to advocate for Orange County interests on regional issues. The Orange County League is now requesting support from cities by approving a formal resolution endorsing the creation of the Association. BACKGROUND Both state and federal authorities require local government to participate in regional planning through a Metropolitan Planning Organization (MPO) /Council of Governments (COG). Intergovernmental revenues are often funneled through these organizations. Currently, SLAG fulfills this role for the greater Los Angeles region and disperses state and federal revenues to local governments based upon current and projected demographics and regional input. The most significant source of funds are federal transportation funds. Over the past few years SCAG has provided for greater local involvement in regional planning by creating sub - regional bodies that represent specific geographic areas. All sub - regions within SCAG except Orange County have a formally recognized COG that acts as the official representative for all regional issues. Because Orange County has not had a formalized COG, the County of Orange has operated as the lead agency to represent Orange County interests. This has not been optimal from the cities' perspective since it lacks an accepted process to develop consensus on issues before the County takes it forward to SCAG. To try and address this problem, the County formed the Regional Advisory and Planning Council (RAPC) in 1991 to focus on air r • quality and growth management issues, but the council is informal and does not have official standing either at the County or regional level. The recent county bankruptcy, the movement of SCAG toward more local input into the planning process, and the need to more strongly advocate for Orange County issues have provided an opportunity to form an Orange County Association of Governments to more strongly advocate for our needs and desires at the regional level. The League /City Managers' Task Force recommends the proposed COG be called the Orange County Association of Governments with membership consisting of the current twelve SCAG members (eleven city and one county), one representative from the Board of Supervisors, two at -large representatives from the League of Cities, a water district representative, and two non - voting members from the university system and the private sector. Funding for the Association will be the subregional program funding currently provided by SCAG, approximately $660,000 annually, so participating jurisdictions would not have additional funding requirements. It is proposed that League staff which now provides support to RAPC, would continue as staff to the Association. Given that Orange County cities do not have a formal regional input process for SCAG and the added recent emphasis on local government input into SCAG activities, it is recommended that the City of Newport Beach support the formation of the Orange County Association of Governments. The Orange County League of Cities is requesting that cities which support the COG concept adopt the attached resolution. The League will discuss this issue at the Division's general meeting on January 11, 1996. RECOMMENDATION Adopt resolution in support of the formation of the Orange County Association of Governments. 211 P02 DEC Item No.III.A December 20, 1995 ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES EXECUTIVE STEERING COMMITTEE AGENDA ITEM ISSUE: Association of Governments Status Resolution 1 -96, supporting the formation of an Orange County Council of Governments (COG), was supported unanimously by the Division's Resolutions Committee on November 9, 1995, and distributed for 30 day review to all cities. During the month of November, presentations were provided rot the Regional Advisory and Planning Council and its Executive Management Committee (RAPC EMC). Division staff has conducted briefings for the cities of Buena Park, Costa Mesa, Fullerton and Los Alamitos. Los Alamitos adopted the resolution after their briefing. La Palma took action directing their Mayor to vote in their support of the resolution when it appears in January. Santa Ana has indicated verbally that tchy will also support the resolution. Briefings are also scheduled or in the process of being agendized for the Cities of Anaheim, Brea, Fountain Valley, Laguna Hills, Newport Beach, San Clemente and Seal Beach. The response from cities thus far has been overwhelmingly supportive, although several questions have been asked regarding whether the formation of an Association of Governments would be another layer of government or duplicate services being provided by other agencies. In response, staff has prepared a draft list of commonly asked questions and answer aimed at providing some additional clarity for an issue that can be complex and confusing. The list of questions and answers is attached for your review and comment. The Division is scheduled to consider Resolution 1 -96 on January 11, 1996. Our recommendation will then be forwarded to RAPC for consideration on January 18, 1996. If Orange County cities and RAPC support the formation of an Association of Governments, the recommendation will be forwarded to the proposed member agencies, including all 31 cities, for consideration. II. Development of a Draft JPA On December 12, 1995, the 0rang County City Managers' Association's (OCCMA) Regional Issues Task Force, forme the MPO Task Force, met to discuss and evaluate several issues associated with form tion of an Association of Governments through a Joint Powers Agreement (JPA). The meeting focused on recommendations regarding membership, funding and staffing. Attached is a handout listing issues and various recommendations and options they considered in developing the JPA. • 31i Fu= DEC 27 'S5 RAPC currently has a 21 member board consisting of the following: 12 SCAG members (11 cities and 1 county) 2 SCAQMD representatives (1 city and 1 county) 3 League of Cities representatives 1 OCTA representative 1 TCA representative 1 O,C. Sanitation District representative 1 ISDOC representative 1. Membership Recommendations After reviewing several options, the Task Force recommends that the membership of the Association of Governments be a continuance of the current 21 member RAPC configuration with several modifications. The first is that two of the three League of Cities representatives from the Executive Steering Committee be removed and replaced with a representative from the Board of Supervisors and an at large appointment from the League of Cities. This will increase county representation and provide a better balance between city and county participation. The second recommendation is to replace the ISDOC representative with a water districts representative. Water districts have expressed an interest in participating in the formation of an association of governments. The final modification is to add two non - voting, ex- officio members, one from Orange County's universities and the other from the private sector. Their participation should help foster important communication between local government, academia and the private sector on regional issues that impact Orange County. 2. Funding Recommendation To provide adequate funding, the Task Force recommends that the Association utilize subregional work program funding provided by SCAG and pursue funding from member agency individual contributions, grants and other opportunities. Currently, SCAG funding is transmitted to Orange County through a MOU between the Orange County Division, League of California Cities, the County of Orange, and OCTA. The Task Force recommends transitioning the responsibility for Orange County's subregional funding to the Association of Govetttments. This will provide the Association with the necessary resources to fund its previously recommended functions. Recognizing that the Division, the County of Orange and OCTA have programmed these funds for specific projects for both Fiscal Year 1995196 and 1996/47, it is not recommended that the funding for these previously approved projects be changed without the approval of the agency that is scheduled to receive the funds. The MOU with SCAG is discussed in agenda item HI.B. and details Orange County's subregional projects. Staffing/Committee Recommendation The Task Forge reviewed and discussed three options for staffing. Currently, Division staff serves as the lead coordinating agency for RAPC and its two supporting committees, the RAPC Executive Management Committee and the RAPC Technical Advisory Committee. The Division works in conjunction with staff from the County, OCTA and TCA's on RAPC matters. Private sector consultants are utilized to perform specific _rr Fea tic z '•95 • • projects on an as needed basis. Recognizing concerns about increasing costs, creating another layer of governments and the importance of facilitating cooperation among member agencies, the Task Force recommends the continuance of the existing staff and committee support structure. This option keeps staff costs within the framework of available funding by making use of staff expertise available through the proposed member agencies. The coordination between staff of the member agencies' will facilitate cooperation, avoid creating a new layer of bureaucracy, and provide a safeguard against duplicating services provided by individual agencies. If in the future member agencies consider expansion of the mission and responsiblities of the Association, it may be necessary to revisit this issue. As part of the Steering Committee's action to support formation of a Council of Governments, six functions were identified to be performed by the COG. These are listed under topic two of the handout. 4. City only Association of Governments Although the pattic'pa ' of all of these agencies would enhance the comprehensive and cooperative nature of an Orange County Council of Governments, the cities could form an Association of Governments comprised only of city members. The is a possibility that this option will have to be pursued initially until other proposed members elect to join the Association. This model would be similar to cities only COGS that exist in other subregions located within SCAG's boundaries (i.e.; Arroyo- Verdugo, San Gabriel Cities, South Bay Cities). The Task Force is planning to begin meeting with Directors from the proposed member agencies to discuss their participation in the Association of Governments and the corresponding JPA. RECOMMENDATIONS: 1. Support Task Force recommendations pertaining to Membership, Funding and Staffing of an Orange County Association of Governments 2. Direct Staff to develop JPA in conjunction with Task Force ATTACHMENTS: 1. Status of Establishment of AOG 2. JPA Outline Topics and Recommendations 3. Association of Governments Questions and Answers �U e,a�A Daryl K. Halls Manager Legislation and Policy Development Attachment 1 STATUS REPORT ON ORANGE COUNTY ASSOCIATION OF GOVERNMENTS ACTIVITIES December 12, 1995 I. Status of Establishment of Association of Governments Activity Time Fyame 1. Development of AOG Proposal by MPO Task Force October 4, 1995 Status: Recommendation of Formation of a COG developed and forwarded to ESC on 1014175. 2. Review and Approval by Executive Steering Committee October 26, 1995 Status: Recommendation reviewed and approved for sponsorship as a resolution to Division on 10126195. 3. Introduction of AOG Proposal at RAPC EMC November S, 1995 Status: Briefing provided by Division staff on 1118195. 4. Introduction of Resolution at Resolutions Committee November 9, 1995 Supporting Development of a AOG Status: Item introduced as Resolution 1-96, approved unanimously by Resolutions Committee, and distributed for 30 day review on 1119195. 5. Introduction of AOG Proposal as Information Item November 16, 1995 at RAPC Status: Briefing provided by Division staff on 11116195. 6. Adoption by Resolution of Support by Cities October, 1995 - January, 1996 7 P a Gli F'ii� ilEC 27 '9' • 46 Status: Briefings provided by Division staff for the cities of Buena Park, Costa Mesa, Fullerton, and Los Alamitos. Briefing scheduled with the cities of Anaheim, Fountain Valley, San Clemente. La Palma and Orange indicate support for AOG recommendation. Meetings are being scheduled with Brea, Huntington Beach, Laguna Hills, Newport Beach and Seal Beach. Adoption by Division of AOG Resolution Status: Adoption scheduled for 1111196. Adoption of Recommendation to Form AOG by RAPC Status: Adoption scheduled for 1/18/96. Forward Resolution for Consideration to County of Orange, OCTA, TCAs, and Other Affected Agencies Stator. Pending adoption January 11, 1996 January 1 S, 1996 January 1996 10. Develop and Adopt JPA Among Participating Agencies January - February, 1996 Status: Development of JPA recommendations in process. • _11 Phi ^, LE! -. � � °. Item IV OUEST104VS AVD ANSWERS-ABOUT 4N: ORANGE COUNTY ASSOCIATION OF GOVERNMENTS Draft The follo«ing questions ant! an m-ers rejlec•t a rmige oj•topics connu)nly' raised during discussions about the convening of an ,association of Governments. Q. What is the purpose of the Orange County Association 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. lVorkina 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 Association, 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. WiII an Association of Governments be another layer of government? A . No. The Orange County Association of Governments will formalize activities currently performed by the Orange County Regional Advisory and Planning Council (RAPC), which has existed since 1991. The Association'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 an Association of Governments? A . RAPC is an informal body created in 1991 as an evolutionary step cowards an Association 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, representadve 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 Association of Governments deal with? A. Generally, the Association 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. 11 DEC 2 '95 Q. Will these activities duplicate the activities being performed else%chere in Orange County'? A . No. These recommended activities are not being performed b; :tny other agency representin.- the collective interests of Orange County's cities. County and special purpose agencies. Focusing these issue; in one forum with di%erse representation will strengthen Orange County's voice in the reeion and state on these issues. Q. Will Association members be paid? A . No. Q. Will a majority of the Association'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 Association of Governments will conduct studies, make recommendations and advocate the implementation of those recommendations. The Association 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 Association 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 4ssociation's Board of Directors. No membership dugs will be required. Q. How can member entities be sure the Association 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 Association 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. Will the Association have the potential to save money? A . Yes. 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 $325,000. Q. Won't the Association's membership be unwieldy and burdensome? A . No. The proposed configuration of the Association, while not finalized, will likely be similar to that of the existing 21 -member RAPC Board. A survey of similar entities statewide found that the size of governing boards to range from 12 to 38. The R. PK process and structure has allowed for timely review, discussion and increasing coordination of regional planning and policy issues by both its governing board and its technical support committees. • i1 POID DEC '95 Q. Will there be an ongoing review process to ensure the Association is fttl[illing its mission'? A . Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a review of the Association's activities by individual member entity staff and by the Association's Board of Directors. cog �4 I!109$ I • M RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUPPORTING THE FORMATION OF AN ORANGE COUNTY ASSOCIATION OF GOVERNMENTS. WHEREAS, the public interest requires that Orange County cities and public agencies meet in a public forum to exchange ideas and share information on issues of regional and subregional significance; and WHEREAS, in 1991, Orange County formed the Regional Planning and Advisory Council (RAPQ to provide a forum to focus on regional issues; and WHEREAS, in 1995, the RAPC was reconfigured to provide a better nexus between its members and the regional issues it addresses; and WHEREAS, in response to the Orange County bankruptcy and the County of Orange reducing its role in regional issues, the Orange County City Managers' Association convened a task force to develop a process for the most effective means of comprehensively addressing regional planning; and WHEREAS, the Task Force, after reviewing various models for addressing regional planning issues, have recommended the development of a Council of Governments to provide a forum for addressing regional planning issues; and WHEREAS, concurrently, a Restructuring Supercommittee convened by Orange County cities to study the delivery of regional services also identified a Council of Governments as an entity needed to discuss and possibly implement future restructuring recommendations; and WHEREAS, the formation of an Orange County Council of Governments will provide Orange County with an arena for its public agencies to exchange ideas and information, conduct studies and projects to improve common government responsibilities, build consensus among members on regional and subregional issues, advocate Orange County interests at the regional, state and federal level, and assist in coordinating subregional planning efforts. NOW, THEREFORE BE IT RESOLVED that the City of Newport Beach supports the formation of an Orange County Association of Governments to provide a formal forum for Orange County public agencies on regional planning activities and issues. BE IT FURTHER RESOLVED, that the Division is directed to develop a Joint Powers Agreement for consideration by Orange County cities, the County of Orange and other affected public agencies and interests. ONAL We con gilding m -Ze:CC;ZS' • • UNTY'S R1f9 RESENT. ♦ Proposed ♦ COG Benefits ♦ Process / Timeline for Implementation G EFFORTS E 0 UNTY'S ISE LVITIES / D ptcy rttcrl rc�str�u4�-u�ii� ♦ County adjusts approach to regional issues. NG EFFORTS: ♦ Cities convene Restructuring Supercommittee and look to redesign regional services delivery. ♦ RAPC reconfigured; achieves better regional issues "fit". ♦ Cities convene City Managers' Task Force to examine how to proceed on regional issues in the future. L UNTY'S R- VVITIL'S / U G EFFORTS: e Zecor 41"Ods COG to % iGmprove existing relationship with SCAG; , © Increase coordination among multiple -agency elected officials; © Take on COG "non -transportation" and "transportation -related" activities in event that OC secures MPO Redesignation; 0 Provide mechanism for comprehensive planning. • UNTY'S`I IVITIES / ING IIFFORTS: ♦ Fxecutive.Steering Committee adopts COG proposal, sponsors COG resolution for Division consideration ♦ Survey of urban COG's performed. ♦ Division adopts Restructuring Supercommittee recommendations; reinforces Task Force recommendation and need for a COG. ♦ Countywide update to demographic forecast completed and Demographic Transition Plan approved. 0 0 C ♦ Air Quality A. TCMs lin Air Quality Management Plans - Market Plans and Technologies Promotion and Implementation. B. Monitoring the AQMP, SIP, FIR C. Liaison with SCAG, SCAQMD and others on air quality issues. ♦ O.C. input to all SCAG activities, including: A. Regional Comprehensive Pian and Guide. B. Input to development of long-range transportation plans prepared by county transporiation conuuission.s. C. Preparation of other long-range plans as agreed by affected parties. ♦ Intergovernmental coordination with public sector ♦ Legislative Review/0u treach/Interface on activities affecting member agencies ♦ Regional Housing Needs Assessment ♦ Proposed COG'S, allows for true subregional consensus -building on wide range of activities. Y ♦ Provides needed forum of elected officials for real restructuring examination/discussions to occur. ♦ Achieves significant cost savings by coordinating on issues and activities of common concern. ♦ Moves Cities to forefront in addressing OC regional/subregional issues. 0 0 0 November 8: ♦ November 9: ♦ November 16 ♦ January 11: ♦ Oct. -,Jan.: ♦ .January 18: ♦ .January: )UNTY'S REGIONAL PLANNING EI,'h'ORTS: "IMELINE, FOR IMPLEM NTATION Development of COG Proposal by MPO Task Force Review by Executive Steering Committee Review by RAPC EMC Introduction of Resolution at Resolutions Committee Supporting Development of a COG COG Proposal as Information Item at RAPC Adoption by Division of COG Resolution Cities Adopt Supporting Resolutions RAPC Adopts Recommendation to Form COG Forward Resolution to County, OCTA, TCA's and other affected agencies for consideration ♦ Jan. -Feb.: Develop and Adopt ,JPA 0 0 OUNTY'S ♦ COG Work Program being developed. 1. Responsibilities. 2. Roles 3. Membership 4. Funding 5. Other operational guidelines ♦ Schedule 1. Work Program being developed. GI�Fh`OR'1'S: 0 0 QUESTIONS AND ANSWERS ABOUT AN: ORANGE COUNTY ASSOCIATION OF GOVERNMENTS Draft The following questions and answers reflect a range of topics commonly raised during discussions about the convening of an Association of Governments. Q. What is the purpose of the Orange County Association 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 Association, 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 . Will an Association of Governments be another layer of government? A . No. The Orange County Association o {Governments will formalize activities currently performed by the Orange County Regional Advisory and Planning Council (RAPC), which has existed since 1991. The Association'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 an Association of Governments? A . RAPC is an informal body created in 1991 as an evolutionary step towards an Association 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 Association of Governments deal with? A . Generally, the Association 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 being 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 Association members be paid? A. No. Q. Will a majority of the Association'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 Association of Governments will conduct studies, make recommendations and advocate the implementation of those recommendations. The Association 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 Association 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 Association's > oard of Directors. No membership dues will be required. Q . How can member entities be sure the Association 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 Association 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 . Will the Association have the potential to save money? A . Yes. 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 Association's membership be unwieldy and burdensome? A . No. The proposed configuration of the Association, 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. • 9 Q. Will there be an ongoing review process to ensure the Association is fulfilling its mission? A . Yes. The JPA agreement and/or bylaws will clearly stipulate the requirement for a review of the Associations activities by individual member entity staff and by the Association's Board of Directors. cogq &a 121095.1 0 •