HomeMy WebLinkAbout2008 020 CC RESO2008 020 CC RESO HÄ—@¸— D ÞÍ«RESOLUTION NO. 2008-020
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK APPROVING
AND ADOPTING AMENDMENT ONE TO THE
THIRD AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT OF THE
SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
WHEREAS, the San Gabriel Valley Council of Governments SGVCOG")
was established and that certain Joint Exercise of Powers Agreement entered
into as of March 1, 1994; and
WHEREAS, the Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective September 17,
1998; and
WHEREAS, the Second Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective November 21,
2000; and
WHEREAS, the Third Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective April 10, 2007;
and
WHEREAS, membership in the SGVCOG has been limited to the County
of Los Angeles and cities in the San Gabriel Valley; and
WHEREAS, there is a growing need to have the SGVCOG consider and
address issues related to the availability and quality of the water to be supplied to
the residences, businesses and public facilities throughout the San Gabriel
Valley; and
WHEREAS, certain of the water agencies that provide water to the San
Gabriel Valley have indicated an interest in the SGVCOG and a willingness to
join the SGVCOG and actively participate in its activities; and
WHEREAS, the participation of water agencies in the activities of the
SGVCOG would further the public interest by assisting the SGVCOG to achieve
it goals and objectives; and
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2008 020 CC RESO HÄ—@¸— D ÞÍ«Resolution No. 2008-020
Page 2
WHEREAS, the water agencies of the San Gabriel Valley have agreed to
create a single legal entity that will join the SGVCOG and represent the interests
of said water agencies; and
WHEREAS, in connection with the entry to the water agencies into the
SGVCOG, it is timely to clarify existing SGVCOG policy that annual dues paid to
the SGVCOG by a member agency will not be reimbursed in the event that a
member agency elects to withdraw from the SGVCOG; and
WHEREAS, Amendment One to the Third Amended and Restated Joint
Exercise of Powers Agreement for the SGVCOG would enable a legal entity
representing the water agencies of the San Gabriel Valley to join the SGVCOG
and participate in the SGVCOG's activities; and
WHEREAS, Amendment One to the Third Amended and Restated Joint
Exercise of Powers Agreement for the SGVCOG would preclude the
reimbursement of any annual dues paid by a member agency in the event of the
withdrawal of said member agency from the SGVCOG.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Amendment One to the Third Amended and Restated
Joint Exercise of Powers Agreement for the San Gabriel Valley Council of
Governments, attached hereto and incorporated herein by this reference, is
approved and adopted.
SECTION 2. That the City Clerk shall certify to the SGVCOG the adoption
of this resolution.
PASSED, APPROVED and ADOPTED this 2nd day of April 2008.
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2008 020 CC RESO HÄ—@¸— D ÞÍ«Resolution No. 2008-020
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing resolution was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting of the
City Council on April 2, 2008 by the following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia,
Ricardo Pacheco, Mayor Pro
Tern Anthony J. Bejarano, and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
URA M. NIETO
EPUTY CITY CLERK
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2008 020 CC RESO HÄ—@¸— D ÞÍ«AMENDMENT ONE
to the
THIRD AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
of the
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AMENDMENT ONE EFFECTIVE DATE 2008
1. The effective date of AMENDMENT ONE to the THIRD AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT of the SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS AMENDMENT ONE") shall be the first date on
which fifty percent 50%) plus one 1) of the legislative bodies of the then active Members of the
San Gabriel Valley Council of Governments Council") approve and sign AMENDMENT
ONE.
2. The cover page of the THIRD AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT of the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
JPA") shall be modified to include the effective date of AMENDMENT ONE.
3. Section 1. f, of the JPA shall be deleted in entirety and replaced with the following
sentence.
Code."
f. Each Member is a public agency as defined by Section 6500 of the Government
4. In Section 4. b. 6) after the word cities" the phrase other public entities" shall be
inserted.
5. The first sentence of Section 5. a. shall be deleted in entirety and replaced with the
following sentence.
Except with regard to the County, one person, who is a resident of the San Gabriel
Valley, shall be designated as a representative to the Governing Board by the legislative body of
each of the Members Governing Board Representative")."
6. The first sentence of Section 5. b. shall be deleted in entirety and replaced with the
following sentence."
Except with regard to the County, one person, who is a resident of the San Gabriel
Valley, shall be designated as an alternate representative to the Governing Board by the
legislative body of each of the Members Alternate Governing Board Representative")."
7. The first sentence of Section 5 c. shall be deleted in entirety and replaced with the
following sentence.
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2008 020 CC RESO HÄ—@¸— D ÞÍ«No person shall be eligible to serve as a Governing Board RepresentaXØ*_Ûhr an Alternate
Governing Board Representative unless that person is, at all times during >':bnure of that
person as a Governing Board Representative or Alternate Governing Board Repr;>Tftive,
either a member of the legislative body of one of the appointing Members for city MÕy;_‰t or
an elected official of a public agency for public agency Members except that Governin×4Ušud
Reprelentatives and Alternate Governing Board Representatives for the County do not havSÚ9Uö
be members of any legislative body but shall serve at the pleasure of their respective Cou²+77ñTupervisors.
8. Section 21. a. shall be deleted in entirety and replaced with the followin ”A0š) Withdrawal. A Member may withdraw from the Council by filing its written
notice of withd¶¹ÅT—'with the President of the Governing Board 60 days before the actual
withdrawal. Such withJÖBšk shall be effective at 12:00 o'clock a.m1 on the last day of that 60-
day period. The wit,ŒÇTŒfl of a Member shall not in any way discharge, impair or modify the
voluntarily-asiÿÖPŸ'obligations for the withdrawn Member in existence as of the effective date
of its withdraËHÒÛPithdrawal of a Member shall not affect the remaining Members. Withdrawn
Members shall notì
מititled to any reimbursement of annual dues paid. Withdrawal from any
Implementation AgreeGïÛAÛthall not be deemed withdrawal from the Council. In addition to
being entitled tp complete(Q–B’shdraw from the Council, the County may also partially withdraw
and reduce its annual duesÞâÝA“'a corresponding reduction in its ability to participate in and vote
on matters before thed¿ÝCžuning Board by filing a written notice of partial withdrawal with the
President of the Gov!ŠÜ\•` Board 60 days before the actual partial withdrawal. Such notice of
partial withdrawal shT¢’idicate which Supervisorial District(s) shall remain active in the
Council and which are being withdrawn and shasl be effective at 12:00 o'clock a.m. on the last
day of that 60-day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County shall no longer be able to participate in or
vote on behalf of the withdrawn Supervisorial District(s) on any matter before the Governing
Board or Council committees."
9. In the second sentence of Section 21. c. after the word Since" insert the word the".
10. Section 23. shall be deleted in entirety and repsaced with the following.
Section 23. Dues of Members. The Members of the Council shall be responsible
for the payment to the Council, annually, of dues for each fiscal year in the amounts periodically
budgeted by the Governing Board, as and for the operating costs of the Council as provided in
the Bylaws. The dues of any non-city and non-County Members of the Council shall be no more
than the maximum dues assessed to any of the city Members of the Council. An annual dues
assessment will be issued to ~ll Members in July of each calendar year except that the annual
dues assessment for the County will be issued in July of each calendar year for those
Supervisorial Districts whose representation of the County began in the first six months of a
Council fiscal year and in January of the following calendar year for those whose representation
of the County began in the last six months of a Council fiscal year. Further, the annual dues
assessment will also be issued each January for any new Members, includvng Eligible Public
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2008 020 CC RESO HÄ—@¸— D ÞÍ«Entities and other entities, who have become Members of the Council for the first time and
whose membership commenced in the last six months of a Council fiscal year."
11. Exhibit A will be amended to include the name of the entity formed by the water agencies
of the San Gabriel Valley that seeks to become a Member of the Council.
The Members of the San Gabriel Valley Council of Governments have caused this
AMENDMENT ONE to be executed on their behalf, respectively, as follows:
Attest
Date
b b?
y~t/os
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