Western Riversid�
Council of Governments
County of Riverside • City of Bonning • City of Beoumont • City of Colimeso • City of Conyon Loke • City of Corona • City of Eostvole City of Hemet • City of Jurupo Volley • City of Lake Elsinore • City of Menifee • City of Moreno Volley • City of Murrieta • City of Norco City of Perris • City of Riverside • City of Son Jacinto • City of Temecula • City of Wildomor • Eostern Municipol Water District Western Municipal Water District • Riverside County Superintendent of Schools November 19, 2021
Sylvia Edwards
City Clerk
City of Corona
400 S. Vicentia Ave.
Corona, CA 92882
Subject: Approval of Amendment to the Western Riverside Council of Governments' Joint Powers Agreement
Dear Ms. Edwards:
The Western Riverside Council of Governments (WRCOG) has made a number of revisions to its Joint Powers Agreement (JPA). On November 1, 2021, staff presented this item to WRCOG's Executive Committee for approval. The Executive Committee has directed staff to forward the JPA Amendment to WRCOG's member agencies for their approval.
Please agendize this item for approval at an upcoming City Council meeting and notify me of when that is scheduled for. Once this item has been approved, please return 19 original signatures of the enclosed signature sheet. I will return a fully executed set to you once all member agencies have done the same.
Enclosed for your reference and use is a copy of the staff report presented to the Executive Committee, a red-line version of the changes made to the JPA, as well as a clean copy of the JPA.
Please feel free to contact me should you have any questions at (951) 405-6702 or [email protected].
�\�
Janis L. Leonard
Administrative Services Manager
Enclosures: 1) WR COG staff report dated November 1, 2021 2) Red-line version of the changes made to the JPA
3) Clean copy of the JPA
4) Signature sheet for your jurisdiction
3390 Univers:ry Avenue, Suire 200 • Riverside, CA 92501 • 1951) 405-6700 • www.wrcog.us Item 6.B
Western Riverside Council of Governments
Executive Committee
Subject:
Contact:
Date:
Staff Report
Updates to WRCOG JPA and Bylaws
Dr. Kurt Wilson, Executive Director, [email protected], (951) 405-6701 November 1, 2021
Requested Action(s):
1. Direct staff to forward the JPA Amendment to WRCOG member agencies for their approval.
2. Adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws.
Purpose:
The purpose of this item is to present an updated version of the WRCOG Joint Powers Agreement and Bylaws. These updates were made based on direction from a subcommittee tasked with reviewing both documents.
Background:
The practices, role, and needs of WRCOG have evolved over the past three decades. The processes outlined in the formation document (Joint Powers Agreement) and the operational document (Bylaws) should be updated from time to time in order to capture changes in the needs, intent, and focus of the Executive Committee. This agenda item proposes updates to both documents.
Earlier this summer, a subcommittee comprised of Vice-Chair Crystal Ruiz, Committee member Brian Tisdale, Committee member Ben Benoit, and immediate Past Chair Kevin Bash met to evaluate and propose changes to WRCOG's Bylaws. The group met over a series of months and identified several substantive changes along with several formatting and/or stylistic changes.
Upon completion of their work on the Bylaws, Chair Spiegel tasked the group with performing a similar task with the Joint Powers Agreement - the parent document to the Bylaws. The group convened and has completed its work.
Both documents are attached as proposed (clean) version and redline version.
A partial list of key changes to the JPA is listed below. For the full scope of changes, please see the attached red line document (Attachment 1) (list of substantive changes). The changes are intended to:
1. Remove references to the membership of the Morongo Band of Mission Indians.
2. Modernize language and processes, including removal of references to use of member agency employees to perform day-to-day WRCOG Agency business.
3. Completely revise indemnity language to better articulate WRCOG responsibility to indemnify member agencies.
4. Remove outdated arbitration provision.
A partial list of key changes to the Bylaws is listed below. For the full scope of changes, please see the attached red line document (Attachment 3) (list of substantive changes). The changes are intended to:
1. Clarify the role of the Chairperson to include, without limitation, the power to execute documents or take other actions as directed by the Executive Committee, make appointments to the Administration & Finance Committee, create and appoint to ad hoc committees, and call special meetings.
2. Clarify which official will preside over the meeting when the Chair is absent. Designates the Past Chair to preside over the meeting if the Chair, Vice-Chair, and Second Vice-Chair are absent.
3. Clarify the duties of the Executive Director and General Counsel and the Executive Committee's ultimate oversight authority over the Executive Director and General Counsel. Duties of the Executive Director include:
a. Administration of personnel system
b. Administration of contracts
c. Preparation of audit by outside auditor
d. Enforcement of policies, rules and regulations, motions, or resolutions e. Preparation and implementation of budget
4. Establish the selection, oversight, and termination process of the Executive Director and General Counsel.
5. Update gender references.
6. Make various non-substantive language changes for clarity.
Prior Action(s):
October 13, 2021: The Administration & Finance Committee recommended that the Executive Committee 1) direct staff to forward the JPA Amendment to WRCOG member agencies for their approval; and 2) adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws.
Fiscal Impact:
This item is for informational purposes only; therefore, there is no fiscal impact.
Attachment(s):
Attachment 1 - JPA - red lined
Attachment 2 - JPA - clean
Attachment 3 - Bylaws - red lined
Attachment 4 - Resolution Number 25-21 Amending the Bylaws