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Resolution No. 91031 2 3 4 5 6 7 M. OA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE CITY'S PARTICIPATION IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, AUTHORIZING THE EXECUTION OF A SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AGREEMENT AND APPOINTING THE CITY'S REPRESENTATIVES WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of JCalifornia; and WHEREAS, pursuant to California Government Code Section 6500 et seq., the City of Vernon is authorized to enter into an agreement with one or more other public agencies to jointly exercise any power common to the contracting parties and to create an agency or entity which is separate from the parties to administer the agreement; and WHEREAS, the Southern California Association of Governments ("SCAG") is an agency voluntarily established by an association of city and county governments within the Southern California Region pursuant to the Joint Exercise of Powers Act for the purpose of providing a forum for discussion, study and development of recommendations on regional problems of mutual interest and concern regarding the orderly physical development of the Southern California region among units of local governments; and WHEREAS, since its inception in 1965, SCAG has been dedicated to developing regional solutions to the many transportation, air quality, housing, land use and other issues of common concern facing Southern California; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 WHEREAS, a primary priority of SCAG is to promote and protect the interests of its members in Sacramento and on Capital Hill and is the only organization that exclusively represents Southern California; and WHEREAS, the City of Vernon desires to approve and authorize the execution of the Southern California Association of Governments Agreement, become a member of SCAG and appoint representatives to the SCAG General Assembly; and WHEREAS, the City's membership assessment to join SCAG for FY 2006-2007 is Ninety -Six Dollars ($96.00); and WHEREAS, the City's participation in SCAG will substantially benefit the residents and businesses in the City and will provide benefits to the Southern California Region; and WHEREAS, the City Council does not by this resolution relinquish any of its duly constituted powers to regulate and govern 'its own territory, to require franchises from any railroad which may cross its territory, or to regulate the streets and highways within Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds and declares that the actions authorized hereby constitute a valid exercise of the powers of the City under the laws of the State of California and under the Charter of the City of Vernon. - 2 - 1 2 3 4 5 6 7 8 9 011il 11 12 13 14 E10 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby approves the Southern California Association of Governments Agreement, with various cities and counties within the Southern California Region, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Agreement for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby authorizes payment of the 2006-2007 membership assessment of Ninety - Six Dollars ($96.00) to SCAG. SECTION 6: The City Council of the City of Vernon hereby authorizes the Acting City Clerk to execute any and all documents necessary to implement and carry out the purposes specified in the Agreement on behalf of the City of Vernon and to perform such other actions deemed necessary or advisable to effect the purposes of this Resolution and the transactions herein authorized. SECTION 7: In accordance with Article III.A(2) of the Bylaws of SCAG, as amended, the City Council of the City of Vernon hereby appoints William Davis to serve as its representative in the General Assembly of SCAG and hereby appoints Hilario Gonzales to serve as the alternative member, each with the power to vote in all actions of said Assembly and to report to the City Council thereon. Said appointment shall be effective until the death, resignation, disqualification or subsequent removal by the City Council of such representatives. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send three fully executed Agreements, the membership dues payment of $96.00 and a certified copy of this resolution to: Southern California Association of Governments Attn. Shelia Stewart, Membership Services 818 W. Seventh St., 12th Floor Los Angeles, CA 90017-3435 SECTION 9: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of August, 2006. (ATTEST: IBRUCE V Acting Clerk JR. LEONIS C. MAtBURG, Mayor - 4 - 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9103, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 2, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. l BRUCE MALKENHORST,-JR. Acting City Clerk (SEAL) e - 5 - EXHIBIT 0 4� c SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AGREEMENT THIS AGREEMENT is made and entered into by and between the county and city governments which on its effective date are, or thereafter become signatories hereto; WITNESSETH: WHEREAS, there is a demonstrated need for the establish- ment of an association of county and city governments within the southern California Area to provide a forum for discus- sion and study of regional problems of mutual interest and concern to the counties and cities, and to facilitate the development of recommendations for the solution of such problems; and WHEREAS, Title I, Division 7, Chapter 5 of. the Govern- ment Code of the State of California authorizes the joint exercise by agreement of two or more public agencies or any power common to them; and WHEREAS, the parties hereto possess in common the power to study, discuss and recommend policies and procedures for the solution of areawide-problems of direct concern to the performance of their constitutional and statutory functions and to join associations and expend public funds for these purposes; and NOW THEREFORE, in consideration of the execution of this agreement by other counties and cities eligible to membership in the association established hereby, the parties hereto agree as follows: 1. Association Established. An association consisting of the parties to this agreement is hereby established to be known as Southern California Association of Governments. The association shall be subject to and shall be governed by the By-laws, a copy of which is attached hereto and by this reference made a part of this agreement. 2. Parties. Eligibility. Only those counties and cities eligible for membership in the Southern California Association of Governments pursuant to said By-laws may be or become parties to this agreement. 3. Parties Become Members. Each party to this agree- ment is a member of the outhern California Association of Governments and is entitled to the rights and privileges and. is subject to the obligations of members, all as provided for in said By-laws. F 6 4. Additional Parties. If the By-laws of the association are amended as therein provided to permit additional counties or additional cities to be eligible for membership in the association, such additional counties or cities may become parties to this agreement. 5. Parties. Termination. Any.party to this agreement may cease to be a party hereto and may withdraw from member- ship in the association by the adoption by its legislative body of a resolution of intention to withdraw and by giving the executive director of the association and the other parties to this agreement written notice of its intention to withdraw at least thirty (30) days before the effective date thereof. Any party to this agreement which fails to.pay any assessment or dues as provided for in the By-laws shall be considered to have withdrawn from the association and shall cease to be a party hereto. If at any time after the effective date of this agreement fewer than fifty percent (50%) of the eligible counties or fewer than fifty percent of the eligible cities are parties to this agreement, this agreement shall terminate. 6. Agency to Administer Agreement. The association established by this agreement shall be the agency to administer this agreement. 7. Powers of Association. The Association shall have the power, in its own name, to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, to sue and be sued in its own name, and to incur debts, liabilities or obligations necessary for the accomplishment of the purposes of this agreement. However, the debts, liabilities and obligations of the association shall not constitute any debt, liability or obligation of any of the public agencies who are parties to this agreement. The Treasury of the County of Los Angeles shall be the depository of the funds of the Association and the Treasurer of the County of Los Angeles shall be the ex-officio treasurer of the association. The Auditor -Controller of the County of Los Angeles shall be the disbursing officer of the Association ,and shall draw warrants against the funds of the association in the treasury when the demands are approved the President, Vice President, or Secretary -Treasurer of the Association, or such other persons as may be specifically designated for that purpose in the By-laws. 8. First Budget. Not withstanding the provisions of Section 8 of Article VIII of said By-laws; the budget. for the remainder of the fiscal year ending June 30, 1966 shall be adopted at the first meeting of the General Assembly and the assessments for said period shall be based thereon. 9. Amendment. This agreement may be amendment at any time by the written agreement of all parties to it. 10. Duration of Agreement. This agreement shall continue in effect until it Is rescinded by mutual consent of the parties or terminated in the manner provided herein or in the By-laws. 11. Oisposition of Assets of Termination. Upon termination of this agreement any money or assets in possession of the. Association after the payment of all liabilities, costs, expenses, and charges validly incurred under this agreement shall be returned to the parties in proportion to their contributions determined as of the time of termination. 12. Effective Date of Agreement. This agreement shall be effective upon its execution by fifty percent of the eligible counties and fifty percent of the eligible cities. Executed by the undersigned cities and counties upon the respective dates set forth after their signatures. 2-71 BY: Leonis C. Malburg, Mayor ATTEST: By: Bruce V. Malkenhorst, Jr. Acting City Clerk APPROVED AS TO. FORM: Eric T. Fresch, City Attorney BYLAWS Changes for 2005-2006 THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Preamble The Southern California Association of Governments (Southern California Association of Local Governments) is an agency voluntarily established by its members pursuant to the Joint Exercise of Powers Act for the purpose of providing a forum for discussion, study and development of recommendations on regional problems of mutual interest and concern regarding the orderly physical development of the Southern California Region among units of local government. ARTICLE I- FUNCTIONS The functions of the Association are:. A. Exchange of objective planning information. Making available to members, plans and planning studies, completed or proposed by local governments, Tribal Governments, or those of State or Federal agencies, which would affect local governments. B. Identification and study of problems requiring objective planning by jurisdictions in more than one county in the Southern California area, and the making of appropriate policy or action recommendations. C. Review and/or develop governmental proposals. Review and/or develop proposals creating agencies of regional scope, and the making of appropriate policy or action recommendations concerning the need for such units or agencies. D. Consider questions of common interest and concern to county and city members of the Association as well as those of the Tribal Governments in the region and may develop policy and action recommendations of an advisory nature only. E. Act upon any matter to the extent and in the manner required, permitted or authorized by the joint powers agreements, State or Federal law, or the regulations adopted pursuant to any such law. F. To assist local Agency members in the acquisition of real and personal property convenient or necessary for the operation of members by entering into such financing agreements as are necessary to accomplish the pooling and common marketing of such agreements or certificates of participation in order to reduce the cost to members of the acquisition of such real or personal property. ARTICLE II- DEFINITIONS A. Association: The Association, as used in these Bylaws, means the Southern California Association of Governments as established by these Bylaws. the Board of Supervisors of a member county may participate in the discussion of the General Assembly. (2) The official representative of each city shall be their respective Regional Council member, in the event that the City does not have a Regional Council member then the official representative or alternate for such city shall be designated by the city council, provided that if and while the City of Los Angeles is a member city, the mayor shall be one of its official representatives (3) Names of official representatives and alternates shall be communicated in writing to the Association by the appointing city or county 45 days before the annual meeting of the General Assembly. (4) Official representatives or alternates shall serve at the General Assembly until a successor is appointed, except if an official representative or alternate ceases to be a member of the legislative body or mayor of the city or county appointing then the seat shall be vacant until a successor is appointed. ARTICLE IV- GENERAL ASSEMBLY A. Powers and Functions Subject to Article I, the powers of the General Assembly, shall include: (1) The determination of policy matters for the Association. (2) • Any official representative may, at any meeting of the General Assembly, propose a subject(s) for study by the Association provided that the representative has notified the President of the proposal forty-five days in advance of the meeting date of the General Assembly. The General Assembly may determine whether a study will be made of the subject(s) proposed, or may refer such subject(s) to the Regional Council. (3) Any official representative may, at any meeting of the General Assembly, request review by the General Assembly of any action of the Regional Council, which has been taken between meetings of the General Assembly. (4) At its annual meeting, the General Assembly shall review the proposed budget and assessment schedule and shall adopt an annual budget and an assessment schedule. (5) Any official representative who desires to propose any policy matter for determination by the General Assembly shall submit the matter to the Regional Council in the form of a proposed resolution at least forty-five (45) days prior to any regular meeting of the General Assembly. The 1� representatives are required. In the absence of the official representative, the alternate shall be entitled to vote. (3) Voting may be by voice, displaying voting cards or roll call vote. A roll call vote shall be conducted upon the demand of five official representatives present, or at the discretion of the presiding officer. ARTICLE V- REGIONAL COUNCIL Preamble: The Regional Council of the Association shall include members from cities and counties in the Association's region. A. There shall be a Regional Council of the Association which shall be organized as set forth below and which shall be responsible for such functions as are hereinafter set forth: (1) Membership: The membership of the Regional Council shall be comprised of one (1) representative from each member county Board of Supervisors, except the County of Los Angeles which shall have two (2) representatives, one (1) representative from the Tribal Government Regional Planning Board, one from each District (as defined below), and the Mayor of the City of Los Angeles serving as the Los Angeles City At - Large Representative. (a) Districts: For purposes of representation on the Regional Council, Districts shall be organized and defined as follows: (1) A District shall be established by the Regional Council and be comprised of a group of cities that have a geographic community of interest and have approximately equal population. A District may be comprised of cities within different counties, but Districts established by subregions under subsection (a)(5) or (a)(6) shall include only cities within the boundaries of such subregions. (2) The Regional Council shall review and if it deems necessary, establish district boundaries every five (5) years, based upon city population data as most recently available from the State Department of Finance. The Regional Council shall review the district boundaries in 2004 and thereafter in every year ending in 3 or 8. (3) Notwithstanding any other provisions of these Bylaws, in the event that upon review of the Districts by the Regional Council in 2004, District representation is changed, then those impacted districts shall hold a special election no later than two months after final action by the Regional 5 v (6) In any area where a subregional organization has been recognized by action of the Regional Council as a participant in the Regional Comprehensive Plan planning process and is organized for general planning purposes of such as for the purpose of. conducting studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and regional basis, exploring areas of intergovernmental cooperation and coordination of governmental programs and providing recommendations and solutions to problems of common and general concern, the applicable subregional organization shall make recommendations to establish a District (or Districts) within the boundaries of such subregional area. The subregional organization shall use the definition of District as set forth in subsection (1) above. The subregional organization shall have authority to make recommendations to the Regional Council every five (5) years and shall use city populations as most recently determined by the State Department of Finance. If a new city within the subregional area is incorporated after Districts have been established, the newly incorporated city shall be assigned to a District in accordance with Article V(A)(1)(a)(3) until such time as Districts are again established as provided for in this section. The Regional Council shall establish a maximum of sixty- seven (67) districts. (b) District Representative Election Procedures: Upon establishment of Districts by the Regional Council, an election of a District representative for each District shall be held as set forth below. (1) For purposes of this subsection (b), a quorum shall be recorded votes from at least two-thirds (2/3) of the SCAG City Members in each District. (2) District representative elections shall take place not later than one (1) month prior to the annual General Assembly meeting for applicable District election years or as otherwise set forth by the Regional Council. (3) District representatives for each District shall be elected by their peers from among locally elected city council members of cities who are members of SCAG within a District by a majority vote of a quorum. The District shall conduct the election and tabulate the results of said election 7 representatives elected pursuant to special elections to fill vacancies, for such time as will fill out the remainder of the vacated term. If a representative serving on the Regional Council ceases to be an elected official from a member city, county or ceases to be a locally elected tribal council member, his/her Regional Council seat shall be declared vacant by the President as of the time such representative ceases to be an elected official. Vacancies on the Regional Council shall be filled through the special election procedures as set forth by the Regional Council or in the case of a locally elected tribal council member, shall be filled by the Tribal Government Regional Planning Board. The terms of District representatives who represent even -numbered Districts shall be two years and shall expire in even -numbered years. Terms of District representatives who represent odd -numbered Districts shall be two years and shall expire in odd -numbered years. The term of the representative from the Tribal Government Regional Planning Board shall be two years and shall expire in even -numbered years. (3) Meetings: Unless otherwise determined by the Regional Council, it shall meet at least once a month. The date, time and location of the Regional Council meetings shall be recommended by the President and ratified by the Regional Council. Meetings shall be held upon the call of the President or upon the call of a majority of the members of the Regional Council. At least 24 hours written notice of all meetings shall be given to all Regional Council members by the Association's Secretary. Such written notice may be waived by any Regional Council member. The Regional Council may adopt any other rules for its own procedures. In the event a member of the Regional Council fails to attend (3) consecutive meetings of the Regional Council, the applicable county or cities comprising said member's District or the Tribal Government Regional Planning Board shall be notified of such member's failure to attend. (4) Duties (a) Subject to the policy established by the General Assembly, the Regional Council shall conduct the affairs of the Association. (b) The Regional Council shall review and may amend the proposed annual budget as prepared by the Executive Director. Each proposed budget and the assessment schedule as approved by the Regional Council, shall be submitted to members of the General Assembly at least thirty (30) days before the annual meeting. After adoption of the annual budget assessment schedule by the General Assembly, the Regional Council shall control all Association expenditures in accordance with such budget (c) The affirmative votes of a majority of the Regional Council quorum are required for action by the Regional Council, except as set forth in subsections (d), (e) and (f) below. (d) A County representative may request a "division of the house" vote if two thirds (2/3) of the county representatives are present. A District representative may request a "division of the house" vote if one-third of the District representatives are present. A "division of the house" vote, shall be tabulated separately for county representatives and for District representatives and the affirmative votes of a majority of county representatives present and a majority of District representatives present shall be required for action by the Regional Council. For purposes of the division of the house, the representative of the Tribal Government Regional Planning Board shall be considered to be a District representative. Pursuant to any "division of the house" vote any city which has more than one District representative may have its District representative(s) vote on behalf of any District representative(s) not in attendance so long as that city's city council has previously taken an official action authorizing the express voting of the city's position on the specified matter. Notwithstanding the above, any votes to be exercised pursuant to this subsection shall not be exercised prior to the holding of the next Regional Council meeting subsequent to the meeting at which the applicable "division of the house" vote has been called for. All authorizations for voting pursuant to this subsection shall be in writing and shall be made available to the Regional Council at the time of the subject vote. (e) In order to recommend the annual budget to the General Assembly, the affirmative vote of not less than a majority of the Regional Council membership is required. (f) In order to appoint or remove the Executive Director, the affirmative vote of not less than a majority of the Regional Council membership is required. (6) Expenses: Members of the Regional Council shall serve with compensation and shall be reimbursed for the actual necessary expenses incurred by them in the performance of their duties for the Association, to the extent that such compensation and reimbursement are not otherwise provided to them by another public agency, a Tribal Government or the Tribal Government Regional Planning Board. The Regional Council shall determine the amount of such compensation. Only locally elected Tribal Council members and elected public official members of the Policy 11 Development." for the purpose of developing recommendations to the Regional Council. Unless otherwise determined by the Regional Council, it shall consider recommendations from the Policy Committees at the Regional Council meeting in the following month. (a) The Policy Committees may: (1) Include voting members which shall be Regional Council members: one (1) representative from the California Department of Transportation; and one (1) general purpose local government elected official representative from each of the subregional organizations recognized by action of the Regional Council as participants in the Regional Comprehensive Plan planning process and one (1) duly appointed board member, who is a general purpose local elected official, from an agency with which the Association has a statutory or Memorandum of Understanding relationship. (2) Include ex-officio (non -voting) members which shall be representatives from regional and subregional single purpose public agencies and other members as approved by the Regional Council. (3) Elect by a majority of the Committee present the Chair and Vice Chair for each of the Policy Committees for one (1) year terms, which shall expire upon the adjournment of the regular meeting of the General Assembly. No person may serve as Chair for more than two consecutive full terms. If a vacancy occurs in the office of Chair, the Vice Chair shall serve as Chair for the unexpired term and a new Vice Chair shall be elected by a majority vote of the Committee present to fill the unexpired term. (4) To take action, shall require an affirmative vote of a majority of the members constituting a quorum. A quorum of a Policy Committee shall be one-third (1/3) of the voting members. (5) Shall meet on the same day that the Regional Council meets unless otherwise scheduled by the Chair of the Committee with the concurrence of a majority of a quorum of the Committee. 13 members to each Policy Committee such that the Tribal Government Regional Planning Board shall have two members on each Policy Committee. Such representative shall be locally elected Tribal Council members from the federally recognized Tribal Governments within the SCAG region. (c) Policy Committee on Transportation and Communications: This committee shall: (1) Study problems, programs and other matters, which pertain to the regional issues of mobility, air, transportation control measures and communications. (d) Policy Committee on Energy and Environment: This committee shall: (1) Study problems, programs and other matters, which pertain to the regional issues of energy and the environment. (e) Policy Committee on Community, Economic and Human Development: This committee shall: (1) Study problems, programs and other matters which pertain to the regional issues of community, economic and human development, housing and growth. This committee shall review projects, plans and programs of regional significance for consistency and conformity with applicable regional plans. (9). Appointments: The President is authorized to appoint members of the Regional Council to SCAG committees, ad hoc committees, subcommittees, or task forces to study specific problems, programs, or other matters which the Regional Council or General Assembly have approved for study. The President is also authorized to appoint Regional Council members to governing boards of other agencies, districts, commissions, and authorities as representatives of the Association. If no Regional Council members are available for such appointment, the President may appoint an elected official not on the Regional Council to represent the Association. Elected officials appointed to represent the Association who are not then members of the Regional Council shall be Ex-Officio members of the Regional Council without the right to vote. Terms of appointment of Regional Council members and other elected officials to governing boards of other agencies, districts, commissions, and authorities shall be consistent with the term of office of the appointing President. 15 (e) Officers: Notwithstanding subsection (2) above, the representatives from the CTC, NAG and the Tribal Government Regional Planning Board shall not be eligible to be elected by the Regional Council as Officers of the Association (f) Policy Committees: Regional Council members representing the CTC, IVAG and the Tribal Government Regional Planning Board shall have the right to vote as members of the Policy Committees and may, if they are also a locally elected official, or in the case of the Tribal Government Regional Planning Board representative, if they are also a locally elected Tribal Council member from a federally recognized Tribal Government within the SCAG region, be appointed Chair or Vice Chair of a Policy Committee. (g) Regional Council Membership Assessment for CTC and, IVAG: Each CTC, and IVAG shall pay a fixed annual Regional Council membership assessment based on total population, using the following assessment table: Total Population Annual Assessment Up to 249,000 $ 3,500 250,000-1,099,999 $ 10,000 1,100,000-1,999,000 $ 15,000 2,000,000-3,999,999 $ 25,000 More than 4,000,000 $ 35,000 (11) Executive Committee (a) Membership: The membership of the Executive Committee shall be comprised of the President, Vice President, Second Vice President and Immediate Past -President. The Executive Committee shall also include the Chair of the Administration Committee and the three Policy Committee Chairs. In the event that there is no County Representative, the President shall appoint one Regional Council member representing a county to serve on the committee. (b) Meetings: Executive Committee shall meet on the same day as the regularly scheduled meeting of the Regional Council unless otherwise .determined by the President. (c) Duties (1) Subject to the policy established by the General Assembly and Regional Council, and in the event that the Executive Committee determines by majority vote that there is a need 17 Committee composed of three (3) County representatives and three (3) District representatives appointed by the President. The recommended candidates for each office shall be submitted to the Regional Council by the Nominating Committee at least one (1) month prior to the annual General Assembly meeting. New Officers shall take office on adjournment of that meeting. The office of the Second Vice- President shall alternate to have a county representative every fourth year. C. A vacancy shall immediately occur in the office of the President, Vice President, or Second Vice President upon the resignation or death of the person holding such office, or upon ceasing to be the official representative of a member county or of a District. Upon the occurrence of a vacancy in the office of President, Vice President, or Second Vice President, a vacancy shall be filled for the balance of an unexpired term in order of succession by elevating the next remaining officer to such position, and the. President shall call for a Special Election to fill the unexpired term of the office of Second Vice President. Such second Vice. President shall be selected from a list of candidates which shall be prepared by a Nominating Committee structured in accordance with the provisions of Section B. The nominee selected for the office of second Vice President shall be submitted to the Regional Council by the Nominating Committee. The new second Vice President shall take office upon adjournment of that meeting. D. The President of the Association shall be the presiding officer of the Regional Council and of the General Assembly. The Vice President shall act as the presiding officer in his/her absence. The Second Vice President shall act as the presiding officer in the absence of both of the above officers. E. The Secretary -Treasurer shall maintain a record of all Association proceedings, maintain custody of all Association funds, and otherwise perform the usual duties of such office. ARTICLE VII- EXECUTIVE DIRECTOR The Executive Director shall be the chief administrative officer of the Association. The powers and duties of the Executive Director are: A. Subject to the authority of the General Assembly and the Regional Council, to administer the affairs of the Association. B. To appoint, direct and remove all employees of the Association. C. Annually to prepare and present a proposed budget to the Regional Council and to control the approved budget. D. To serve as Secretary -Treasurer of the Association. E. To attend the meetings of the General Assembly and the Regional Council. 19 E. F. COUNTIES CITIES Total Population Base Population Base Up to 249,999 3,500 250,000 - 1,099,999 10,000 1,100,000 - 1,999,999 15,000 2,000,000 - 3,999,999 25,000 4,000,000 up 35,000 Up to 9,999 $ 100 10,000 — 24,999 250 25,000 — 99,999 500 100,000 — 499,000 750 500,000—999,999 1,000 1,000,000 up 1,250 For purposes of the annual assessment each federally recognized Tribal Government in the SCAG region shall be treated as a city. The remainder of the total annual assessment to be borne by the member counties shall be charged to and paid by said member counties in proportion that the population of unincorporated portions of each bear to the total regional population. The remainder of the total annual assessment to be borne by the member cities shall be charged to and paid by said member cities in the proportion that the population of each bears: to the total regional population. The computation of the shares of said total annual assessments as above provided shall be based upon the respective populations of the counties and cities as determined by the State Controller in making the most recent allocation to cities and counties pursuant to the Motor Vehicle License Fee Law. If any county or city was not a member at the time the latest assessment was fixed and shall become a member of the Association thereafter, an assessment shall be payable by such county or city to the Association upon becoming a member in a sum based upon the current county or city per capita rate, as the case may be, prorated from the date of establishing membership until the July 1 following the next annual meeting of the General Assembly after such date. Notwithstanding the previous provisions of this Section, no rebates or adjustments shall be made among the existing member counties and/or cities if such additional assessments shall be received from new members. Notwithstanding the previous provisions of this Section, no regular dues assessment of any county or city shall exceed twenty percent (20%) of the total assessment for any annual assessment period._ Annual Audit The Regional Council shall cause an annual audit of the financial affairs of the Association to be made by a certified public accountant at the end of each fiscal year. The Regional Council shall employ a certified public account of its choosing. The audit report shall be made to Association member cities and counties. Indemnification for Tort Liability In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities 21 A majority vote of the county representatives present, and a majority vote of the city representatives present, are required to adopt an amendment to these Bylaws. If, within 60 days after the adoption of any amendment, one-third or more of the official representative protest such amendment by filing a written protest with the Executive Director, it should automatically be suspended until the next meeting of the General Assembly when it shall be taken up for consideration and vote as in the first instance. Notwithstanding any provision of the agreement establishing the Association, Article V - A-4(b) and the Article VIII A, B, and E of said Bylaws shall not be changed except with the concurrence of the legislative body of each signatory party to said agreement which has not then withdrawn from the Association. ARTICLE XII- EFFECTIVE DATE These Bylaws shall go into effect immediately upon the effective date of the agreement. 23 i March 4, 1994 March 3, 1995 July 3, 1996 October 9, 1997 April 16, 1998 September 3, 1998 April 8, 1999 April 6, 2000 May 1, 2003 September 4, 2003 25 CITY CLERK'S OFFICE INTER --DEPARTMENT MEMORANDUM DATE: August 10, 2006 TO: Sharon Johnson, City Treasurer FROM: Nelly Giron, Deputy City Clerk RE: Resolution No. 9103 - Approving the City's participation and Registration Fee for the Southern California Association of Governments. In accordance with Section No. 5 of Resolution No. 91G3, approved by City Council on August 2, 2006, please issue an early check payable to Southern California Association of Governments in the amount of $96.00 to cover the city's 2006-2007 membership with said organization. Charge account no. 011-500-1002-5965 and return the check to me. Thank you. :ng C4� CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA �) Mayor Pro-Tem WM. 'BILL" DAVIS y;M ij Councilman ` y H. "LARRY" GONZALES € Councilman W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058 Councilman telephone (323) 583-8811 August 17, 2006 Southern California Association of Governments Attn: Shelia Stewart, Membership Services 818 W. Seventh St., 12th Floor Los Angeles, CA 90017-3435 Re: Resolution No. 9103 - Appointing Representatives Dear Ms. Stewart: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Transmitted herewith are three fully executed copies of the above - referenced agreement, a certified copy of Resolution No. 9103, approved by City Council on August 2, 2006, and check no. 312320 in the amount of $96.00 to cover the required membership dues. v If you have any questions regarding this matter, please call Mr. Willard Yamaguchi, at (323) 583-8811 ext. 175. ry truly yours, Nel(1--G ' Deputy City Clerk NG:dr c: William Davis Hilario Gonzales Willard Yamaguchi Resolution No. 9103 Agreement No. 06-090 Wgfuglvdy jubu;ttiat CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Manuela Giron, Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 9103 - A Resolution of the City Council of the City of Vernon Approving the City's Participation in the Southern California Association of Governments, Authorizing the Execution of a Southern California Association of Governments Agreement and Appointing the City's Representatives IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this 17th day of August 2006. SEAL: anuela Giroil Deputy City Clerk H � D U O O QQ CD � Y coV w O ?�- p w � O 7-:D U z ifl H w fu V Q O Q � O — c �s m ce O ca m' CU Z r-I CY) 0 u. o t� 41 O s � o G"+ � o OW OG �rl ZZ p W V �- W W Z Co Z , G1 W /' t i � _ Q LM (A rn UM . O Z H- 0 LL z V O o � W }w 0 CLP0 rf 7 CO J O J in J a a c0 Lo O Q O U O z MI O ru Z — � w ■■ > • ' w O ru rm U- ru H .m Z M N Lr1 O M d. Z O Z LU W U- O t- 8 o o 00 rn Z O a O H c 0 Y H o0 O w = O N w Z ON � U M N r CY) Z w H 0 LLJ N � E N "o Y W O _ �Y ^' vi U 41 O 0 u1 C7 a o -H � o fA 41 w 0 CO o v Z -H -4 0 rn K+ W o � j- 1 A 7 +�1 C0UH o o w r4 O rq LLJ� G � w o w � o O u p o z w > 0::) <4 O cd } O O Z O 4-1 H Z r-I ca �- v O } r4 p N 9'. 0�: cr) a-1 0 w m %D 0., cn :D Z N Z O z 0 o 0 C) Z M } ,4 U > O x CITE' ADMINISTRATION DEPARTMENT Donal O'Callaghan, City Administrator 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1408 June 17, 2010 VIA Regular Mail Southern California Association of Governments 818 W. 7"' Street, 12t" Floor Los Angeles, California 90017 Attention: Norma Hernandez Re: Dues Assessment for Fiscal Year 2010-11 Enclosed please find check no. 330323 for the sum of $103.00 representing the dues assessment for Fiscal Year 2010-11 to the Southern California Association of Governments. Please update your records to show Donal O'Callaghan as the City Administrator. If you have any questions, please contact me at (323) 583-8811, extension 834. Very truly yours, Donal O'Callaghan City Administrator DO:rmt Enclosure Cc: Willard Yamaguchi, City Clerk Kristen Enomoto, Deputy City Clerk City Administration E.-vcfusively Industniaf CITY OF VERNON ACCOUNTS PAYABLE CHECK Nrl g14moq ^3.INYOICENUMBER,'�,.. s „DATE, Via,%',P,O-.NUIy16ER'-� ,,,guw, ,s:, ,',if3x___ ;DESCRIPTIONy,=.-` a :�; ,lO1SCOUN7' r� v ,AMOUNT 10-272 06/01/2010 FY 10-11ASSESSMENT DUES 0.00 103.00 103.00 N�tts�R y,A�r .'f14�M13€Rs r..CHEGKAMbUNT m' %- 000291 D6/17/2010. 330323 103 00 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 PI -ease ` { Upon -e '1 t (213) 236-1800 borwd 0 1 C P P,,5 - n f (213) 236-1825 Mr. E. th lip City Manager www.scag.ca.gov City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-1714 r va DATE: June 01, 2010 INVOICE #10-272 Officers President Larry McCallon, Highland First Vice President Description Amount O'Connor, Santa Monica Second Vice President Glen Becerra, Simi Valley Executive/Administration Dues assessment for Fiscal Year 2010-11 $ 114 Committee Chair - Waiver of 10% 11 Larry McCallon, Highland Amount due after waiver $ 103 Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Transportation Greg Pettis, Cathedral City Please send checks to: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 818 W 7`h Street, 12`h Floor Los Angeles, CA 90017 ATTN: Normal Hernandez APPROVED FOR PAYMENT The Regional Council is comprised of 82 elected officials representing 189 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 5.12.10 ' SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www.scag.ca.gov Officers President Larry McCallon, Highland First Vice President Pam O'Connor, Santa Monica Second Vice President Glen Becerra, Simi Valley Executive/Administration Committee Chair Larry McCallon, Highland Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Transportation Greg Pettis, Cathedral City May 27, 2010 Mr. Eric Fresch City Manager City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-1714 Re: FYI 1 Annual Dues Assessment Dear Mr. Fresch, Due to the continuing economic crisis and its impact on local government agencies, the Regional Council of the Southern California Association of Governments (SCAG) has approved a waiver of 10% of the FY 2010-11 Membership Dues for its member agencies. The action is consistent with the agency's bylaws, which allow the Regional Council to defer, waive or reduce payment of the annual dues for not more than one year at a time. The waiver will not change the basis of calculation for future assessments. While it will reduce, General Fund income, SCAG's FY2010-11 General Fund budget will remain balanced. If you have any questions about your dues assessment, please contact Basil Panas, Manager of Accounting, at 213.236.1817. We appreciate your ongoing support and look forward to continuing to work with you as we confront the challenging times ahead of us. Sincerely, Wayne Moore Chief Financial Officer Enclosure r— T r E _IU , 0 The Regional Council is comprised of 82 elected officials representing 189 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 5.12.10