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RESOLUTION NO. 2024-242
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE LOCAL APPOINTMENTS LIST
WHEREAS, the Maddy Act takes into consideration a vast and largely untapped reservoir of talent which exists among the citizenry that all too frequently is unaware of the opportunities for participation on local regulatory and advisory boards and commission; and WHEREAS, in accordance with this provision, on or before December 31 st of each year, the City Council shall cause to be prepared a list of all ongoing boards, commission and committees which are appointed by the City Council, and a list of all appointive terms which will expire during the next calendar year, to include the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and WHEREAS, California Government Code Section 54973 requires the City Council to make the list available to members of the public for a reasonable fee and either post the list on its website or designate the public library with the largest service population within its jurisdiction to receive a copy of the list; and
WHEREAS, on December 4, 2019, the Mayor and City Council designated the Norman F. Feldheym Central Branch Public Library to receive the annual copy of the Mayor and City Council-approved Local Appointments List.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Exhibit “A”, which is attached hereto and incorporated herein, accurately reflects the list of boards, commissions, and committees which are appointed by the Mayor and City Council and the appointive terms that will expire in the next calendar year, the name of the incumbent appointee, the date of appointment, date of term expires and qualifications for the positions and shall serve as the City’s Local Appointment List.
SECTION 3. The Local Appointments List shall be posted on the City’s internet website.
SECTION 4. The Local Appointments List shall be updated as appointments are changed.
SECTION 5.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2024-242
Resolution 2024-242
December 18, 2024
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SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of December 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-242
Resolution 2024-242
December 18, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO)
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-242, adopted at a regular meeting held on the 18th day of December 2024, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of December 2024
Genoveva Rocha, CMC, City Clerk
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 1 | P a g e Updated: 12/03/2024
Board/Commission/
Committee Summary Meeting Time and Location Vacancies and Terms of Office Animal Control
Commission
This nine (9) member commission, established by Resolution No. 2018- 45, is charged with providing advisory recommendations to the Mayor, City Council and City staff on strategies, policies, and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter; increasing awareness of animals available for adoption at the shelter; and educating the community regarding the humane treatment of animals and other matters related to animal shelter services. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor.
Quarterly at 4 p.m. in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Maria Lanas Ward 1 01/19/2022 12/2026
Gary M. Blake Ward 2 01/02/2019 12/2026
VACANT Ward 3 12/2024
Jodi R. Kroeger Ward 4 07/17/2024 12/2026
Laura Mitchell Ward 5 05/15/2024 12/2024
Maxine Henderson Ward 6 07/18/2016 12/2024
Alberta R. Vanettes Ward 7 03/03/2021 12/2024
Angela Halfman Mayor 08/15/2018;
05/03/2023
12/2026
Jason Kakpo-Moore Mayor 05/03/2023 12/2026
Arts and Historical
Preservation
Commission
Established by Resolution No. 2018-97, this nine (9) member commission advises the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the city. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Each member must be a registered voter within the city and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.
Third Monday of each month
at 4 p.m. in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Steven W. Bielak Ward 1 11/17/2021 12/2026
Darlene M. Herrera Ward 2 01/02/2019 12/2026
Anthony R. Aguirre Ward 3 12/02/2020 12/2024
Jeffreda Curry Ward 4 07/19/2023 12/2026
Michael J. Segura Ward 5 11/17/2021 12/2024
Lucy J. Sunga Ward 6 03/17/2021 12/2024
Robert A. Porter Ward 7 01/20/2021 12/2024
Simeone N. Miller Mayor 04/05/2023 12/2026
James M. Smith Mayor 04/05/2023 12/2026
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 2 | P a g e Updated: 12/03/2024
Charter
Review
Committee
This nine (9) member committee, established by Resolution No. 2017-243, is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council- manager form of government. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor.
Meets as needed in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey Ward 1 01/19/2022 12/2026
Scott P. Olson Ward 2 11/02/2022 12/2026
Angela M. Torres Ward 3 02/05/2020 12/2024
Rabbi Hillel Cohn Ward 4 03/17/2014;
06/16/2021
12/2026
VACANT Ward 5 12/2024
Rikke Van Johnson Ward 6 05/03/2023 12/2024
Phil Savage Ward 7 03/17/2014;
01/20/2021
12/2024
Timothy Prince Mayor 04/05/2023 12/2026
Leticia O. Briggs Mayor 06/07/2023 12/2026
Downtown
Advisory
Committee
The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members, and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non- resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live or conduct business.
Meets as needed in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey Ward 1 04/17/2024 12/2026
Amelia S. Lopez Ward 2 07/21/2021;
05/03/2023
12/2026
Richard R. Hernandez Ward 3 04/21/2021 12/2024
Vincent D. Laster Ward 4 07/19/2023 12/2026
Paola E. Avendano Ward 5 07/21/2021 12/2024
Michael J. Segura Ward 6 07/21/2021 12/2024
Lelita (Leta) Amick Ward 7 04/21/2021 12/2024
Amanda M. Moody Mayor 04/05/2023 12/2026
Reginald L. Woods Mayor 06/07/2023 12/2026
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 3 | P a g e Updated: 12/03/2024
Elected Official
Compensation Advisory
Commission
Required by Section 305 of the City Charter and established by Municipal Code Chapter 2.19, this nine (9) member commission is charged with evaluating and making compensation recommendations to the Mayor and City Council for the City’s elected officials. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.
Meets as needed in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
VACANT Ward 1 12/2026
Christina Roman Ward 2 07/18/2018 12/2026
Gil Botello Ward 3 01/17/2024 12/2024
Steven L. Filson Ward 4 10/06/2021 12/2026
VACANT Ward 5 12/2024
Michael J. Guillory Ward 6 03/17/2021 12/2024
Diallo R. Changamire
Johnson
Ward 7 05/19/2021 12/2024
Kimberly Knaus Mayor 10/02/2019 12/2026
Malika Gardner Mayor 04/05/2023 12/2026
General Plan Advisory
Committee
The General Plan Advisory Committee was established by Resolution No. 2021-02 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution No. 2021-154.
The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members.
One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to clearly articulate the community perspective and/or the area of the City in which they live.
Meets as needed in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey (V) Ward 1 04/17/2024 12/2026
Reuben J. Arceo (A) Ward 1 03/17/2021 12/2026
Amelia S. Lopez (V) Ward 2 06/16/2021;
05/03/2023
12/2026
VACANT Ward 2 12/2026
Angela M. Torres (V) Ward 3 04/07/2021 12/2024
Anthony Aguirre (A) Ward 3 04/07/2021 12/2024
Edward G. Woolbert (V) Ward 4 07/21/2021 12/2026
Ed Neighbors (A) Ward 4 07/21/2021 12/2026
Richard Kaplan (V) Ward 5 05/19/2021 12/2024
VACANT Ward 5 12/2026
Raafi A. Bell (V) Ward 6 10/06/2021 12/2024
VACANT Ward 6 12/2026
Joel S. Rothschild (V) Ward 7 09/15/2021 12/2024
VACANT Ward 7 12/2024
VACANT Mayor 12/2026
Benjamin D. Pratt Mayor 04/05/2023 12/2026
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 4 | P a g e Updated: 12/03/2024
Library Board Established under City Charter Section 602, this five (5) member board is responsible for: providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance. Each member must be a registered voter within the City and no member can be an employee of the City.
Members serve for a four year term of office.
Second Tuesday of each month
at 3 p.m. in the
Feldheym Central Library
Administration Board Room at
555 West 6th Street,
San Bernardino, CA 92410
Name Appointee Original
Appointment
Term
Expires
Carolyn A. Tillman At-Large 06/21/2004 01/2026
Valerie Lichtman At-Large 10/07/2013 01/2026
Randy S. Clyde At-Large 06/21/2023 01/2026
Jennifer Grant At-Large 11/06/2019 01/2026
James C. Pierson At-Large 08/16/2023 01/2026
Measure "S" Citizens
Oversight Committee
This nine (9) member oversight committee, is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters in November 2020 and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and City Council’s adopted strategic goals and priorities. The committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor.
Meets Quarterly in the
Board Room at
201 North “E” Street
San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey Ward 1 04/17/2024 12/2026
Gloria G. Amaya Ward 2 02/06/2019 12/2026
VACANT Ward 3 12/2024
VACANT Ward 4 12/2026
Anthony J. Roberson Ward 5 04/07/2021 12/2024
Bronica M. Taylor Ward 6 02/19/2018;
04/07/2021
12/2024
Derrick J. Wesson Ward 7 04/21/2021 12/2024
Mark Baxter Mayor 04/05/2023 12/2026
Stacia C. Olivas Mayor 07/17/2024 12/2026
Parks, Recreation and
Community Services
Commission
This is a nine (9) member commission, established by Resolution No. 2018-47, charged with advising the Mayor, City Council, and City staff on community needs for the purpose of establishing City priorities, goals and objectives with respect to parks, recreation and community services, youth services, and senior services; and evaluating community agencies and organizations receiving City funds for the purpose of providing recreation services, youth and senior services.
Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.
Third Thursday of each month
at 4 p.m. in the
Board Room at
201 North “E” Street
San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Roxana M. Barrera Ward 1 02/06/2019 12/2026
Frank J. Flores Ward 2 07/20/2015 12/2026
VACANT Ward 3 12/2024
Esmeralda Negrete Ward 4 07/19/2023 12/2026
Jennifer B. Xicara Ward 5 02/03/2021 12/2024
Micah E. Lee Ward 6 04/07/2021 12/2024
Lata M. Wilson Ward 7 05/01/2024 12/2024
Joe Salas Mayor 04/05/2023 12/2026
Travon R. Martin Mayor 07/03/2024 12/2026
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 5 | P a g e Updated: 12/03/2024
Personnel Commission Established under City Charter Section 604, this five (5) member board is responsible solely for hearing appeals of disciplinary action filed by City employees, subject to the provisions of adopted labor agreements. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve at the pleasure of the Mayor and City Council. The term of office will be established under Municipal Code Chapter 2.50.
Second and fourth Tuesday of each
month at 8:30 a.m. as required to
hear disciplinary appeals in the
Board Room at
201 North “E” Street, San
Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Leticia O. Briggs At-Large 01/17/2024 -
Donna P. Howard At-Large 11/06/2019 -
Emily J. Gonzales At-Large 04/05/2023 -
Reginald L. Woods At-Large 01/17/2024 -
Jeanette Avila At-Large 09/21/2015 -
Planning Commission This nine (9) member Commission, established under Municipal Code Chapter 2.22, is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.
Second Tuesday of each month
at 6 p.m. in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey Ward 1 04/17/2024 12/2026
Amelia S. Lopez Ward 2 8/01/2011;
01/02/2019;
05/03/2023
12/2026
Ivan Garcia Ward 3 10/05/2022 12/2024
Larry R. Quiel Ward 4 09/06/2016 12/2026
Jesus F. Flores Ward 5 02/03/2021 12/2024
Dolores Armstead Ward 6 03/17/2021 12/2024
VACANT Ward 7 12/2024
Orlando Garcia Mayor 4/05/2023 12/2026
Lisa Sherrick Mayor 4/05/2023 12/2026
Public Safety and Human
Relations Commission
This nine (9) member commission, established by Resolution No. 2018- 46 is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.
Second Monday of each month
at 6:00 p.m. in the
Board Room at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Jose D. Guzman Ward 1 05/04/2022 12/2026
Sean E. Kelley Ward 2 01/02/2019;
05/17/2023
12/2026
John H. Walters Ward 3 08/21/2019 12/2024
Gonzalo B. Carrillo Ward 4 02/15/2023 12/2026
Anthony J. Roberson Ward 5 11/03/2021 12/2024
Rakayla Simpson Ward 6 05/03/2023 12/2024
Deana Cervantez Ward 7 01/20/2021 12/2024
Kimberly Knaus Mayor 04/05/2023 12/2026
Byron J. Sims Mayor 04/05/2023 12/2026
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2024 Local Appointments List Pursuant to Government Code Section 54972 6 | P a g e Updated: 12/03/2024
Water Board Established under City Charter Section 603, this five (5) member board is responsible for: the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper
administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems.
Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a six year term of office commencing on the second Monday of May at twelve o’clock noon. Terms of office are staggered and vacancies on the Water Board are filled for the unexpired term in keeping with the provisions established under the City Charter.
Second and fourth Tuesday of each
month at 9:30 a.m. in the
Water Department Boardroom
located at 399 Chandler Place, San
Bernardino CA, 92408
Name Appointee Original
Appointment
Term
Expires
Cecilia (Toni) Callicott At-Large 10/05/1998 05/12/2025 David Mlynarski At-Large 05/19/2014 05/11/2026
Wayne Hendrix At-Large 01/05/2009;
05/05/2021
05/10/2027
Rikke V. Johnson At-Large 11/07/2018;
05/04/2022
05/08/2028
Thomas M. Brickley At-Large 11/07/2018;
06/07/2023
05/14/2029
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Proposed 2025 Mayor & City Council Regular Meeting Schedule (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule.
Executive Summary
Every year, the City Council adopts a Mayor and City Council Regular Meeting Schedule for the following year that is consistent with San Bernardino Municipal Code (SBMC) Section 2.58.010 and modifications from prior years. The Proposed 2025 Mayor and City Council Regular Meeting Schedule recommends modifications, which include canceling the January 1, 2025, Mayor and City Council meeting.
Background
Section 2.58.010 of the SBMC stipulates that the Mayor and City Council meetings are to be held on the first and third Wednesdays of each month. Section 2.58.080 of the SBMC further states that in the event the date of a regular meeting falls on a City holiday, regular meetings will be held on the next business day following the holiday, except as determined by the City Council.
Discussion
The Mayor and City Council meeting schedule will align with the SBMC and the 2025 City-recognized holidays. Staff are proposing modifications to the 2025 Mayor and City Council Regular Meeting Schedule that are consistent with the modifications adopted for the 2024 Regular Mayor and City Council Meeting Schedule and the City’s priority to increase its presence at regional conferences and events. The proposed modification is to cancel the January 1, 2025, regular meeting due to it falling on a City- recognized holiday, Wednesday, January 1, 2025 (New Year’s Day observed). Staff
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have not identified any other conflicts with regular meeting dates due to observed holidays, commonly attended conferences or meetings.
Meeting Date Reasoning for Proposing Cancelation
January 1, 2025 Staff propose canceling this meeting due to it falling on a City- recognized holiday, Wednesday, January 1, 2025 (New
Year’s Day observed).
If appropriate, at a later date, staff may recommend additional changes to the 2025 Mayor and City Council Regular Meeting Schedule in order to accommodate attendance at regional events that align with the strategic goals of the City. 2021-2025 Strategic Targets and Goals
Adoption of the Proposed 2025 Mayor and City Council Regular Meeting Schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community and Goal 2c: Re-establish City as the Regional Leader/County Seat.
Fiscal Impact
There is no fiscal impact associated with adopting the Proposed 2025 Mayor and City Council Regular Meeting Schedule.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule.
Attachments
Attachment 1 Proposed 2025 Mayor and City Council Regular Meeting Schedule
Attachment 2 2025 City-Recognized Holidays
Attachment 3 2025 California Cities Annual Conference & Expo Date Announcement
Attachment 4 2024 Regular Mayor and City Council Meeting Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
October 19, 2022 The Mayor and City Council adopted the 2023 Regular Mayor and City Council Meeting Schedule.
November 15, 2023 The Mayor and City Council amended the 2023 Regular Mayor and City Council Meeting Schedule.
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December 6, 2023 The Mayor and City Council adopted the 2024 Regular Mayor and City Council Meeting Schedule.
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Proposed 2025 Mayor & City Council Regular Meeting
Schedule
Month
1st Wednesday
Meeting Date
2nd Wednesday
Meeting Date
January January 1, 2025
(City Holiday)
Proposing Cancelation
January 15, 2025
February February 5, 2025 February 19, 2025
March March 5, 2025 March 19, 2025
April April 2, 2025 April 16, 2025
May May 7, 2025 May 21, 2025
June June 4, 2025 June 18, 2025
July July 2, 2025 July 16, 2025
August August 6, 2025 August 20, 2025
September September 3, 2025 September 17, 2025
October October 1, 2025 October 15, 2025
November November 5, 2025 November 19, 2025
December December 3, 2025 December 17, 2025
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TO:
FROM:
SUBJECT:
DATE:
COPIES:
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
HUMAN RESOURCES & RISK MANAGEMENT
DEPARTMENT
Department Heads
Human Resources
2025 HOLIDAY DATES
November 6, 2024
Rochelle Clayton, City Manager; Human Resources Staff
The following days in the Year 2025 will be observed holiday dates for City employees:
DATE OBSERVED HOLIDAY
Wednesday January 1, 2025 .................................... New Year’s Day
Monday January 20, 2025 .............................. Martin Luther King, Jr. Day
Monday February 17, 2025 ............................ Presidents’ Day
Monday May 26, 2025 ................................ .... Memorial Day
Thursday June 19, 2025………………………….Juneteenth
Friday July 4, 2025 ................................ ...... Independence Day Monday September 1, 2025 ........................... Labor Day
Tuesday November 11, 2025 .......................... Veteran's Day
Thursday November 27, 2025 .......................... Thanksgiving Day
Friday November 28, 2025 .......................... Day after Thanksgiving
Wednesday December 24, 2025 .......................... Christmas Eve Thursday December 25, 2025 .......................... Christmas Day
Wednesday December 31, 2025 .......................... New Year’s Eve
(These holidays will be accrued if it is the employee’s normal day off)
Please circulate or distribute copies of this memo to your staff for their information and post in designated areas, as needed.
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Annual Conference and Expo
October 8- 10, 2025
Long Beach Convention Center
300 E Ocean Blvd, Long Beach, CA
Thank you for joining the League of California Cities at the 2024 Annual Conference and Expo at the Long Beach Convention Center, Oct. 16-18, 2024. The conference featured general sessions, workshops, and networking events for hundreds of leaders from all sections of city government, including mayors, council members, city managers, city clerks, city attorneys, fiscal officers, and other city staff.
This year’s conference offered educational and innovative leadership sessions across a variety of formats, with a roster of more than 100 speakers. Educational sessions and the expo supported city leaders by equipping them with the latest knowledge, resources, and tools to advance their communities and assist officials in their daily roles and operations within their city.
Mark your calendars for our 2025 Annual Conference and Expo, October 8-10 at the Long Beach Convention Center in Long Beach.
Packet Page. 213
2024 Mayor & City Council Regular Meeting
Schedule
Month
1st Wednesday
Meeting Date
2nd Wednesday
Meeting Date
January
January 3, 2024
Proposing Cancelation
January 17, 2024
February
February 7, 2024
Proposing Cancelation
February 21, 2024
March
March 6, 2024
March 20, 2024
April
April 3, 2024
April 17, 2024
May
May 1, 2024
May 15, 2024
June
June 5, 2024
June 19, 2024
(City Holiday)
Proposing Cancelation
July
July 3, 2024
July 17, 2024
August
August 7, 2024
August 21, 2024
September
September 4, 2024
September 18, 2024
October
October 2, 2024
October 16, 2024
Proposing Cancelation
November
November 6, 2024
November 20, 2024
December
December 4, 2024
December 18, 2024
Packet Page. 214
2 4
5 5
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, City Manager
Department: City Manager's Office
Subject: Amendment No. 1 with Capital Edge Advocacy Inc. for Federal Legislative Advocacy Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually.
Executive Summary
Capital Edge Advocacy Inc. currently provides the City with federal legislative advocacy services. These services are common in municipalities, and they assist cities in securing funds from federal annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. The amendment extends the term of the agreement through December 18, 2025, and authorizes the City Manager to exercise an additional one (1) year extension option, allowing the federal advocacy services to be extended through December 18, 2026.
Background
On May 11, 2023, the Mayor and City Council held a retreat to discuss the key strategic goals and priorities of the City. In response to Council’s direction provided at the retreat, the City Manager called a special workshop on June 30, 2023, to present a “Strategic Initiatives Plan,” which included a presentation on enhancing the City’s Legislative Affairs Program. The presentation outlined what steps and resources were necessary to improve the efficiency and effectiveness of the program, which included four (4) recommended areas of focus:
1. Establishing an annual Legislative Calendar.
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2. Developing amendments to the current City of San Bernardino Legislative Platform.
3. Creating a Legislative & Governmental Affairs Manager position within the Office of the City Manager.
4. Retaining state and federal legislative advocacy consultants.
On September 12, 2023, the Mayor and City Council approved the elements of the Legislative Affairs Program described above and directed staff to return with the necessary programmatic pieces. On October 4, 2023, the Mayor and City Council adopted Resolution 2023-144 authorizing funding for Federal Legislative Advocacy Services
On December 6, 2023 the City of San Bernardino (”City”) awarded the Federal Advocacy Services to Capital Edge Advocacy Inc. The Professional Service Agreement (PSA) was executed for an amount not to exceed $90,000 for the period of one year to provide Federal Advocacy Services to the City.
Discussion
Amendment No. 1 to the Professional Services Agreement (“Agreement”) with Capital Edge Advocacy will provide the City with a continuity of federal advocacy services where Capital Edge Advocacy will continue to assist the City in securing funds from federal annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. The amendment extends the term of the original Agreement through December 18, 2025, at an annual cost of $90,000. As a result of the one (1) year extension, the total not-to-exceed amount associated with the original Agreement will be $180,000.
Additionally, Amendment No. 1 includes the option for the City to administratively extend the agreement for a maximum of one (1) additional year, which would allow the City to retain Capital Edge Advocacy through December 18, 2026.
Capital Edge Advocacy has engaged in Washington, D.C. on behalf of the City in recent months for the following activities:
•The FY 2025 federal budget process, which still is not complete, following funding recommendations for federal programs pertinent to the City; •Providing updates to the City on federal government administration of American Rescue Plan Act (ARPA) funding and end-of-the year obligation deadlines; •Assisting the City with Community Project funding (earmark) requests to Rep.
Aguilar for the FY 2025 budget, with a request for $1.184 million in Justice Department funding for mobile crime prevention activities; •Assisting City staff in the development of a 2025 Federal Legislative Platform;
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•Meeting with City officials and providing assistance at meetings such as those sponsored by the US Conference of Mayors and National League of Cities; •Alerting staff to federal grant opportunities, such as those connected with the 2021 infrastructure law, housing opportunities at HUD, and criminal justice opportunities at the Justice Department;
•Assist City staff in securing congressional delegation support for federal grant applications submitted by the City;
The original Agreement’s scope of work remains unchanged and includes the following tasks:
1. Assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply.
2. Provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs.
3. Provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity.
4. Assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation.
This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office.
5. Provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee.
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6. Advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues.
7. Distribute the Washington Report, by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments. 2021-2025 Strategic Targets and Goals
The retention of state and federal legislative advocacy firms aligns with all four of the City’s Key Strategic Target and Goal #1 Improved Operational & Financial Capacity.
The consultants will enhance City staff’s ability to collaborate with state and/or regional governments to ensure San Bernardino receives its fair share of resources, while maintaining close working relationships with governmental agencies.
Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funding already exists in the Professional Contractual Services budget for the City Manager’s Office.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually.
Attachments
Attachment 1 – Amendment No. 1 - Capital Edge Advocacy Inc Attachment 2 – Professional Services Agreement Capital Edge Advocacy Inc.
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023 Mayor and City Council adopted Resolution No. 2023- 144 approving funding for the Legislative Affairs Program
September 12, 2023 Mayor and City Council approved staff's recommendation related to the Legislative Affairs Program.
June 30, 2023 The Mayor and City Council held a special workshop that agendized discussions on key Strategic Initiatives.
May 11, 2023 Mayor and City Council held a Council retreat to discuss the key strategic goals and priorities of the City, and to provide
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direction to the City Manager.
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICE AGREEMENT
CAPITAL EDGE ADVOCACY, INC.
This Amendment No. 1 to the Agreement for Advocacy Services is made and entered into as of December 18, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Capital Edge Advocacy, Inc. a corporation with its principal place of business at 1212 New York Ave., NW Suite 250, Washington, DC 20005 (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated December 6, 2023, for the purpose of providing Federal Advocacy Services (the “Master Agreement”)
B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated December 18, 2024, for the purpose of amending the Scope of Work, Compensation, and Term of the Master Agreement.
C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of twelve (12) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an additional term of twelve (12) months through December 18, 2025, unless earlier terminated.
a) Extension Options. The term of this Agreement may be administratively extended by the City Manager, or his designee, for maximum of one (1) additional one-year term.
3. Services. The services provided to the City is amended and detailed in Exhibit “A-3”. Exhibit “A-3” is attached hereto and is added to the Master Agreement.
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4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed NINETY THOUSAND DOLLARS ($90,000), thereby the total not to exceed compensation of the Master Agreement to the amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000). Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-3” attached hereto and added to the Master Agreement.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT
WITH CAPITAL EDGE ADVOCACY, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CAPITAL EDGE ADVOCACY, INC.
Signature
Name
Title
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EXHIBIT A-3
SCOPE OF SERVICES
December 18, 2024 – December 18, 2025
1. Capital Edge Advocacy Inc. would assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs.
2. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply.
3. Capital Edge Advocacy Inc. would also provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs.
4. Capital Edge Advocacy Inc. would provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity.
5. Capital Edge Advocacy Inc. would assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation.
6. This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office.
7. Capital Edge Advocacy Inc. would provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee.
8. Capital Edge Advocacy Inc. would advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues.
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9. Capital Edge Advocacy Inc. would also send the City of San Bernardino the Washington Report, which we send by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance
Subject: Additional Street Segment Repair Allocation and American Rescue Plan Update (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing:
1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and
2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and
3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project.
Executive Summary
This staff report is to provide an update on American Rescue Plan Act (ARPA) funds and to allocate the remaining $129,948 in ARPA funds to the Street Segment Repair Program. Mayor and Council action on this item will allocate the remaining balance to fully obligate the City’s ARPA funds in the amount of $77,656,407.
Background
The City of San Bernardino was awarded $77,656,407 under the American Rescue Plan Act (ARPA). The City received half of the funds in May 2021, and the remainder of the funds in May of 2022. Treasury issued the final rule for the use of the funds on
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January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City continues to work within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other allowable investments based on the Enumerated Use Categories as well as expenditures within the revenue loss (standard allowance) category.
As of this date, Mayor and City Council have committed the total $77,264,459 of the City’s allocation, leaving a remainder of $129,948. With this final allocation, all $77,656,407 in ARPA funds will be allocated and obligated prior to the December 31, 2024 deadline.
Discussion
On September 18, 2024, the Mayor and City Council approved $129,948 in ARPA funds for software programs to be utilized by the Economic Development Department. This expenditure is allowable under the revenue loss category where up to $10M can be used to support local government operations. The $10M was allocated and approved by Council on July 19, 2023 to support the ERP and LMS systems but the Finance and Information Technology departments were able to reduce their allocation by $129,948 to allow the Economic Development Department to benefit from ARPA funds to purchase software.
Due to this technicality, there remains a balance of ARPA funds in the eligible enumerated use category of $129,948. Given the expressed priority the Mayor and City Council have for street improvements, staff recommends allocating the remaining balance of ARPA funds in the amount of $129,948 to the Street Segment Repair Program approved by Council on December 4, 2024.
Upon approval by the Council of this recommendation, the total amount of $77,656,407 will be fully allocated.
Attachment 2 is provided as an update on the ARPA funds allocation and expenditures to date.
2021-2025 Strategic Targets and Goals
Investments in the community using the American Rescue Plan funds support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Goal 3. Improved Quality of Life.
Fiscal Impact
There is no General Fund impact associated with approval of this item. There are sufficient ARPA funds in the approved budget to fund the Street Segment Repair Project. The total Street Segment Repair Project budget is as follows;
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Fund Amount
ARPA (from Navigation Center Project) $2,955,215
ARPA (from Violence Intervention Program) 250,000
ARPA (unallocated – proposed in this staff report) 129,948 General Fund 2,520,052
TOTAL STREET SEGMENT REPAIR PROJECT $5,855,215
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing:
1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and
2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and
3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project.
Attachments
1. Attachment 1- Resolution No. 2024-XX
2. Attachment 2- American Rescue Plan (ARPA) Allocation and Expenditure Update
Ward:
All Wards
Synopsis of Previous Council Actions:
September 18, 2024 Mayor and City Council received and filed an update on ARPA funds, projects, allocations, and spending to
date.
July 19, 2023 Mayor and City Council received and filed an update on ARPA funds, and adopted Resolution No. 2023-107
assigning $10,000,000 in American Rescue Plan Act
funds for the replacement of the City’s Enterprise
Resource Planning System, and amending the FY
2022/23-2024/24 Biennial Budget by $10,000,000.
May 17, 2023 Mayor and City Council reallocated unspent funding
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from the ASU Temporary Housing and the full
allocation from the San Bernardino Valley College for a total of $973,500 for interim housing during
development of the SB Hope Campus.
December 7, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital
Budget allocating $24,650,000 in ARPA funds.
February 2, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital
Budget allocating $24,050,000 in ARPA funds
October 20, 2021 Mayor and City Council Adopted Resolution No. 2021- 247 Amending the FY 2021/22 Operating and Capital
Budget allocating $8,160,000 in ARPA funds.
August 4, 2021 Mayor and City Council received a report and discussed the categories for spending the City’s
American Rescue Plan Allocation.
March 17, 2021 Mayor and City Council received a presentation on the American Rescue Plan from Congressman Pete
Aguilar.
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Resolution No. 2024-243
Resolution No. 2024-243
December 18, 2024
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RESOLUTION NO. 2024-243
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ALLOCATION OF $129,948 IN
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO THE
STREET SEGMENT REPAIR PROJECT; AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE,
TO SIGN THE AGREEMENTS, AND ANY SUBSEQUENT
AMENDMENTS, SUBJECT TO REVIEW AND APPROVAL
BY THE CITY ATTORNEY AS TO FORM; AND
AUTHORIZING THE INTERIM DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES TO AMEND THE
FISCAL YEAR 2024/25 BUDGET TO APPROPRIATE
$129,948 IN EXPENDITURES IN ARPA FUNDS FOR THE
STREET SEGMENT REPAIR PROJECT.
WHEREAS, In 2021, 2022, 2023, and 2024, the City of San Bernardino Mayor and City Council allocated American Rescue Plan (ARPA) funds to eligible projects in accordance with federal guidelines; and
WHEREAS, Staff have identified a remaining balance of funds available for the Mayor and City Council to allocate to new or existing ARPA projects prior to December 31, 2024, obligation deadline; and
WHEREAS, Staff recommends the Mayor and City Council approve the allocation of ARPA funds towards the Street Segment Repair Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the assignment of $129,948 in American Rescue Plan Act (ARPA) funds.
SECTION 3. Authorize the City Manager, or designee to sign the agreements, and any subsequent amendments, subject to review and approval by the City Attorney as to form.
SECTION 4.Authorize the Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project.
SECTION 5. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant
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Resolution No. 2024-243
Resolution No. 2024-243
December 18, 2024
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effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of December 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-243
Resolution No. 2024-243
December 18, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-243, adopted at a regular meeting held on the 18 th day of December 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _____ 2024.
Genoveva Rocha, CMC, City Clerk
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Attachment A American Rescue Plan Act Fund Status
Department Project title Allocated Obligated/Spent
to Contractor,
Direct Payment,
Subaward
Obligated via
Interagency
Agreement
Unobligated Life to Date
(included in
Column G -
Obligated)
Economic Development Small Business Non-Profit Assistance 3,126,300 3,126,300 0 0 3,046,300 Economic Development Entrepreneur Resource Center (Aspen Institute Initiative) 1,873,700 1,873,700 0 0 1,873,700 Economic Development Façade Improvements (Paintbrush Program) 1,000,000 0 1,000,000 0 0 Parks & Recreation Seccombe Park Renovations 12,792,332 12,769,611 22,721 0 171,278 Parks & Recreation Nicholson Park 7,080,602 7,080,602 0 0 440,303 Parks & Recreation Roosevelt Bowl Renovation 600,000 433,752 166,248 0 80,833 Parks & Recreation Lytle Creek Soccer Fields 600,000 600,000 0 0 7,502 Parks & Recreation Guadalupe Fields 863,851 863,851 0 0 0 Parks & Recreation Encanto Community Center 0 0 0 0
City Services Graffiti Abatement 1,000,000 737,129 262,871 0 333,727 City Services Violence Intervention Program 750,000 750,000 0 0 511,588 City Services Police Real Time Information System 2,497,500 2,497,500 0 0 0 City Services Library Animakerspace 1,797,174 1,091,409 705,765 0 0 Public Works Infrastructure Street Improvements 3,205,215 3,205,215 0 0 0 Water Infrastructure Water Infrastructure Lead Connectors 3,000,000 3,000,000 0 0 0 Homelessness Initiatives Lutheran Social Services Community Wellness Center Homekey Project 5,000,000 5,000,000 0 0 0 Homelessness Initiatives Motel Voucher Program 973,500 973,500 0 0 0 Homelessness Initiatives Navigation Center Construction 11,344,785 11,344,785 0 0 160,610 Homelessness Initiatives Navigation Center Operations 0 0 0 0 0 Homelessness Initiatives Homelessness Outreach Team 1,500,000 1,500,000 0 0 444,577 Homelessness Initiatives Mobile Showers & Laundry 150,000 150,000 0 0 99,651 Homelessness Initiatives Temporary Housing for ASU Residents 76,500 76,500 0 0 76,500 Homelessness Initiatives Emergency Nuisance & Building Health & Safety Abatement 500,000 500,000 0 0 400,024 Homelessness Initiatives Purchase of Property (Palm Field) for transitional housing 2,650,000 2,650,000 0 0 IT Infrastructure Enterprise Resource Planning System ($10m Standard Allowance) 6,670,052 6,181,397 488,655 0 181,397 IT Infrastructure Land Management System ($10m Standard Allowance) 3,200,000 3,200,000 0 0 Economic Development Economic Development Software Program ($10m Standard Allowance) 129,948 129,948 0 0 0 Staff Salaries Hero Pay 5,145,000 5,145,000 0 0 5,145,000 UNASSIGNED 129,948 129,948
GRAND TOTAL 77,656,407 74,880,199 2,646,260 129,948 12,972,991
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Election of Mayor Pro Tempore (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore.
Executive Summary
The position of Mayor Pro Tempore is established by the City Charter and the City Council elects from among its members a new Mayor Pro Tempore every year. Per the San Bernardino Municipal Code (SBMC), the election of the Mayor Pro Tempore is to occur at the second regularly scheduled meeting in December.
Background
The position of the Mayor Pro Tempore is outlined in Section 302 of the City Charter, where the City Council shall select a Mayor Pro Tempore from one of its own members.
In the event that the Mayor is temporarily unable to perform the duties of his or her office due to a temporary absence from the City, illness, or any other cause, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed, with several exceptions. When presiding over a City Council Meeting due to the absence of the Mayor, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action; the Mayor Pro Tempore may only continue to exercise his or her vote as a Council member.
Fred Shorett is currently the City’s Mayor Pro Tempore, where he has served in the position for the past two (2) years. Mayor Pro Tempore Shorett was elected to the position by his fellow Council Members on December 7, 2022, and re-elected on January 17, 2024. Typically, the election of the Mayor Pro Tempore occurs during the second regular meeting in December as outlined by the SBMC; however, the second regular meeting of December was cancelled in both 2022 and 2023.
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Discussion
In accordance with the requirements of Section 2.01.010 of the SBMC, the City Council is required to elect a Council Member to serve as Mayor Pro Tempore. The SBMC specifies for this to occur at the second regular meeting in December. The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the City Council or until said Council Member is no longer a member of the City Council, whichever occurs first. 2021-2025 Strategic Targets and Goals
Electing a Council Member to serve as Mayor Pro Tempore is in alignment with all of the Key Strategic Targets and Goals: (1) Improved Operational & Financial Capacity; (2) Focused, Aligned Leadership and Unified Community; (3) Improved Quality of Life; and (4) Economic Growth and Development.
Fiscal Impact
There is no fiscal impact associated with the nomination of a Mayor Pro Tempore.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore.
Attachments
Attachment 1 - City Charter Section 302
Attachment 2 - Municipal Code Section 2.01.010
Ward:
All Wards
Synopsis of Previous Council Actions:
December 15, 2021 The Mayor and City Council elected Juan Figueroa to serve as Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2022
December 7, 2022 Mayor and City Council elected Fred Shorett as Mayor Pro Tempore.
January 17, 2024 Mayor and City Council elected Fred Shorett as Mayor Pro Tempore.
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Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City.
The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct.
The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City's fiscal integrity.
Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members.
The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member.
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Chapter 2.01
MAYOR PRO-TEMPORE
Section:
2.01.010 Mayor Pro-Tempore
2.01.010 Mayor Pro-Tempore
San Bernardino City Charter Section
302 identifies the position of Mayor Pro Tempore. At the first regularly scheduled meeting of the City Council following the effective date of this ordinance, the City Council shall elect a Council Member to serve as Mayor Pro Tempore. At the second regularly scheduled meeting of the City Council in December of each year, the City Council shall elect a Council Member to serve as Mayor Pro Tempore.
If the Mayor Pro Tempore is absent or otherwise unavailable to serve in such capacity, the Council Member present in the City with the most consecutive days of service as a member of the City Council of the City of San Bernardino shall serve as the Mayor Pro Tempore for that period of absence or unavailability only. "Consecutive days of service" shall be calculated by counting backward in time starting from the day on which the calculation is being made.
In the event that there are two or more Council Members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino, the temporary filling of the position of Mayor Pro Tempore shall be determined by lot, pursuant to the general procedure established in Section 15651 of the Elections Code of the State of California, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino. The City Clerk shall be responsible for conducting the coin toss or conducting the drawing of straws whenever either event is required by this Section.
The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the City Council or until said Council Member is no longer a member of the City Council, whichever occurs first.
Pursuant to Charter Section
302, in the absence of the Mayor from any Council meeting, the Mayor Pro Tempore shall preside over that Council meeting.
In addition, at all other times that the Mayor is temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over City Council action, but may continue to exercise his or her vote as a Council member. (Ord. MC-1441, 4-03-17; Ord. MC-1289, 11-04-08; Ord. MC-1267, 4-08-08)
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Nominations and Appointments to Various Regional Boards and Associations (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;
2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;
3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;
4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;
5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;
6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;
7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election.
Executive Summary
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The City of San Bernardino is a member of various regional boards that require the City’s legislative body to appoint primary and alternate voting members. Members that are appointed to serve on these regional boards and associations serve until they are no longer eligible or are removed/replaced.
Background
The City of San Bernardino is a member of multiple joint powers authorities and associations to facilitate matters pertaining to transportation, redevelopment, and other regional matters. The City Council appoints members to serve on the regional boards for the Inland Valley Development Agency (“IVDA”), the San Bernardino International Airport Authority (“SBIAA”), the San Bernardino County Transportation Agency (“SBCTA”), Omnitrans, the Interagency Council on Homelessness (“ICH”), and the General Assembly for the Southern California Association of Governments (SCAG GA). Historically, the appointment nominations have been made by the Mayor and affirmed by the legislative body of the City.
Discussion
Each regional board and association is governed by their foundational documents, California law, and their bylaws. These documents and laws determine the number of representatives that each city or agency is allotted, who is eligible to serve, and how the appointment is determined. Members that are appointed to serve on these regional boards and associations will continue to serve until they are no longer eligible (ie: they are no longer an elected official of the City) or are removed/replaced.
Regional
Body Appointment Requirements Current Appointments Mayor’s Proposed Appointments
IVDA
Board members and alternate must be “elected
officials” who are designated by “official action of
its city council.” (IVDA JPA pg. 12)
Primary
Helen Tran
Juan Figueroa
Sandra Ibarra
Alternate
Fred Shorett
Primary
Helen Tran
Juan Figueroa
Sandra Ibarra
Alternate
Fred Shorett
SBIAA
Board members and alternate must be “elected
officials” who “shall be appointed by the
legislative body” of the City. (SBIAA JPA pg. 3)
Primary
Helen Tran
Theodore Sanchez
Alternate
Fred Shorett
Primary
Helen Tran
Kim Knaus
Alternate
Fred Shorett
SBCTA
Board member and alternate “shall either be a
mayor or a city council member.” (California
Public Utilities Code 130815)
Primary
Helen Tran
Alternate
Damon Alexander
Primary
Helen Tran
Alternate
Theodore Sanchez
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Omnitrans
Board member and alternate shall be “an officially
designated Mayor or City Council Member” that is
“officially designated by the City Council.”
(Omnitrans JPA pg. 3.)
Primary
Helen Tran
Alternate
Kimberly Calvin
Primary
Helen Tran
Alternate
Mario Flores
ICH
“City representatives are not required to be
council members but must be at the level of a
department director or higher.” (ICH Bylaws pg. 4)
Primary
Sandra Ibarra
Alternate
Cassandra Searcy
Primary
Treasure Ortiz
Alternate
Sandra Ibarra
SCAG GA
Official Representative may be “the mayor or a
member of the legislative body of a member city”
who has been appointed by the member city.
(SCAG Bylaws pg. 2)
Primary
Helen Tran
Alternate
Ben Reynoso Primary
Damon Alexander Secondary
Primary
Helen Tran
Alternate
Kim Knaus
SCAG RC
In a voting‐ eligible city comprised of more than
five (5) city council members, the city, using any
reasonable method of random selection, shall
appoint a maximum of five (5) members to vote in
Multi‐City District Representative Elections.
(SCAG Regional Council Policy Manual pg. 15)
Voters
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon Alexander
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Treasure Ortiz
Southern California Association of Governments Regional Council The Regional Council (RC) is SCAG’s 86-member governing board and has general authority to conduct the affairs of SCAG. Cities are represented on the RC through District Representatives, who may be any elected member of a city council. District Representatives are not appointed by the Mayor and City Council; instead, SCAG will communicate a “First Notice” that informs all eligible candidates to submit their names to SCAG if they are interested in becoming a District Representative. If there are multiple candidates for a District Representative, an election is held.
The City of San Bernardino is a member of District 7 in the SCAG RC, which is a Multi- City District that also encompasses the City of Highland. As a result, when a District encompasses more than one city (“Multi‐City District”), a maximum of five (5) city council members from each of the voting‐ eligible cities in the Multi‐City District shall be provided the opportunity to vote for the individual who will serve as the District Representative to ensure equity among cities in voting.
On September 5, 2024, SCAG updated the Southern California Association of Governments Regional Council Policy Manual and revised how the voters are determined. Previously, the five (5) city council members who would cast a vote in the election were chosen by the Mayor. Under the current policy manual, this is now done through any reasonable method of random selection:
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SCAG Regional Council Policy Manual
Previous Policy Manual Current Policy Manual
“In a voting-eligible city comprised of
more than five (5) city council members,
the mayor of such city shall appoint a
maximum of five (5) members to vote in
Multi-City District Representative
Elections.”
(Article V. Section C.)
“In a voting‐eligible city comprised of
more than five (5) city council members,
the city, using any reasonable method of
random selection, shall appoint a
maximum of five (5) members to vote in
Multi‐City District Representative
Elections.”
(Article V. Section C.)
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
There is no fiscal Impact associated with the nomination and appointment of members to various regional boards.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;
2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;
3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;
4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;
5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;
6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;
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7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election.
Attachments
Attachment 1 Inland Valley Development Agency JPA Attachment 2 San Bernardino International Airport Authority JPA Attachment 3 San Bernardino County Transportation Authority Attachment 4 Omnitrans JPA
Attachment 5 Bylaws of the Interagency Council on Homelessness Attachment 6 Southern California Association of Governments Bylaws Attachment 7 Southern California Association of Governments Policy Manual Updated (9-5-2024)
Ward:
All Wards
Synopsis of Previous Council Actions:
January 16, 2023 Mayor and City Council approved the appointment of Council members to various Regional Boards
January 18, 20219 Mayor and City Council approved the appointment of Council members to various Regional Boards
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AMENDED JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AGREEMENT amends and supersedes that joint powers
agreement covering the same subject which was dated January 24, 1990; is dated for convenience as of February 12, 1990; and is by and among each public agency represented as a party signatory to this Agreement, each duly organized and existing under the laws of the State of California (the "State"), collectively called the "Members".
R E CIT A L S
WHEREAS, Article I of Chapter 5 of Division 7 of Title r of the Government Code of the State of California pertaining to the joint exercise of powers authorizes the Members by agreement to jointly exercise certain powers common to the Members; and WHEREAS, each of said parties has the authority and
power to plan for the use and reuse of Norton Air Force Base in the event of its closure, and to acquire, own, maintain and operate an airport; and
WHEREAS, the parties hereto recognize the importance of determining the value of the potential civilian use of Norton Air Force Base and its resulting possible benefit to the entire East Valley region, all as may be determined by land use, aviation and environmental studies required to be undertaken by the Agency pursuant to the California Environmental Quality Act of 1970, as amended (" CEQA") and
WHEREAS, each of said parties agree that a regional
approach is desirable to both (i) direct the policies and activities of a civilian aviation facility and (ii) acquire, own, maintain and operate the Norton Air Force Base Property for all aviation uses as may be legally permitted upon such property, or 2/8/90
CSJ/NortonA
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such other uses as may be legally permitted and as may be determined by the Agency all in accordance with CEQA procedures to be hereafter complied with by the Agency; and
WHEREAS, the parties hereto recognize the immediate
necessity for Planning for the possible closure of Norton Air Force Base, and the need to determine the best manner in which to utilize the Norton Air Force Base facility after closure to attract business, create jobs and improve the quality of life for the citizens of the East Valley; and
WHEREAS, e ach of the Members is authorized to establish redevelopment agencies to undertake redevelopment projects under the California Community Redevelopment Law (Health and Safety Code section 33000, et seq.), for the purposes of causing the redevelopment o f areas in the interests of health, safety and general welfare and all Members are cities or counties with territory either within, adjacent to or in proximity to Norton Air Force Base; and
WHEREAS, Health and Safety Code section 33320.5
authorizes the Members to form a joint powers authority for the purposes of causing the redevelopment of certain property which is currently operated as a military facility or installation and which is to be closed pursuant to Public Law 100-526 in addition to certain land which is adjacent or in proximity to a military facility or installation and which land is necessary for the effective redevelopment thereof; and
WHEREAS, the Members deem it desirable to participate
together in order to form a joint powers authority to be known as the Inland Valley Development Agency (the "Agency") for the purposes of adopting a Redevelopment Plan (the "Redevelopment Plan") in order to facilitate the redevelopment of a
redevelopment project area, the boundaries of which are yet to be determined, but which will generally include the military -2-
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facility known as Norton Air Force Base and certain areas adjacent and in proximity thereto (the "project Area"); and WHEREAS, the adoption of a Redevelopment Plan is
intended to permit the redevelopment of the Project Area in order to eliminate blight and promote the well planned development of the Project Area for the benefit of the Members; and
WHEREAS, each of the Members shall agree to have certain territory, as more fully set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which would otherwise be within the jurisdiction of, and subject to, redevelopment by each of the Members comprising the Agency, considered by the Agency for inclusion within the ultimate project Area to be formed by the Agency; and
WHEREAS, for the purposes of this Agreement, the
territory of the county shall only be deemed to include any unincorporated territory within the jurisdiction of the County; and
WHEREAS, the territorial jurisdiction of the Agency
shall be the combined territorial jurisdictions of the Members and within a portion of such combined territorial jurisdiction shall be the Project Area which will be the subject of the Redevelopment Plan; and
WHEREAS, Pursuant to Health and Safety Code section
33320.5, the Agency shall have and exclusively exercise powers of a redevelopment agency within the Project Area in furtherance of the redevelopment of the Project Area and shall act as the redevelopment agency, legislative body and planning commission with respect to all approvals and actions required in connection with the adoption of the Redevelopment Plan; provided, however, all land use, planning and development decisions with regard to the land within the Project Area shall continue to be under the -3-
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control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable.
NOW, THEREFORE, in consideration of the above premises
of the mutual promises herein contained, the Members do hereby agree as follows:
ARTICLE I
DEFINITIONS
section 1.01. Recitals. The Recitals hereinabove set
forth are incorporated herein by this reference and shall be a part of this Agreement.
section 1.02. Definitions. Unless the context
otherwise requires, the words and terms defined in this Article shall, for the purposes hereof, have the meanings herein specified.
(a) "Act" means Article I of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California as the same exists and as may be amended from time-to-time.
(b) "Agency" means the Inland Valley Development Agency created as a separate joint powers agency pursuant to this Agreement and as authorized by Health and Safety Code section 33320.5.
(c) "Agreement" means this Agreement.
(d) "Board" shall mean the governing body of the
Agency.
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(e) "Board Members" shall mean the representatives of
the Members and New Members appointed to the Board in the manner required by Section 2.09 hereof who shall have the power to vote in the manner as provided in this Agreement.
(f) "Fiscal Year" shall mean each one-year period
commencing on July 1 of each calendar year and ending on June 30 of the next succeeding calendar year.
(g) "Law"
found in Health and
means the Community Redevelopment Law as
Safety Code section 33000, et seq., as the
same exists and as may be amended from time-to-time.
(h) "Members" means each of the parties to this
Agreement, and "Member" shall mean any party identified in section 2.09 hereof that has approved, executed and delivered this Agreement. The term Member or Members may also include a New Member or New Members if warranted by the context in which such term is used.
(i) "New Member" or
municipal corporation that is
Agency after the date of the
"New Members" shall mean any
added to the membership of the
adoption of the original Project
Area and which New Member is added to the membership of the Agency pursuant to an amendment to this Agreement.
(j) "Project Area" means that certain redevelopment
project area which will be designated by the Agency as the redevelopment project area of the Agency and which will be subject to the Redevelopment Plan as said Project Area may initially be adopted by the Agency and as it may thereafter be amended to include either additional territory of the Members or territory of a New Member.
(k) "Redevelopment Plan" means the Redevelopment Plan
to be adopted by the Agency for the redevelopment of the project Area.
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(1) "Secretary" means the Secretary of the Agency.
(m) "State" means the State of California.
(n) "Tax Increment Revenues" means moneys allocated or
paid to the Agency derived from each of the following sources:
(a) that portion of taxes levied upon assessable property within the Project Area allocated to the Agency pursuant to Article 6 of Chapter 6 of the Law and section 16 of Article XVI of the Constitution of the State; and (b) reimbursements, subventions, including payments to the Agency with respect to personal property within the Project Area pursuant to section 16110, et seq., of the Government Code of the State, or other payments made by the State with respect to any property taxes that would otherwise be due on real or personal property but for an exemption of such property from such taxes.
(0) "Treasurer" means the Treasurer of the Agency.
ARTICLE II
GENERAL PROVISIONS
section 2.01. Purpose. This Agreement is entered into
pursuant to the Act and Health and Safety Code section 33320.5 which provides for the joint exercise of powers common to the Members to create a separate joint powers agency which shall have, in addition to such powers common to the Members, and exclusivelY exercise powers of a redevelopment agency in furtherance of the redevelopment of the Project Area. The purpose of this Agreement is to promote the redevelopment of the Project Area through the adoption of the Redevelopment Plan by the Agency in order to eliminate blight, promote the retention of existing and the creation of additional employment opportunities -6-
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and cause the orderly redevelopment of the Project Area in furtherance of the health, safety and welfare of the Members and the region within which the project Area is located.
The state Legislature, upon enacting Health and Safety
Code section 33320.5, declared that it is the policy of the state Legislature to assist communities within the County in their attempt to preserve the military facilities and installations for their continued use as airports and aviation related purposes.
In furtherance of such legislative intent, the Members
acknowledge and agree that it is the intent of the Agency so created by this Agreement to acquire the Norton Air Force Base property from the united states government upon mutually agreeable terms and conditions as between the Agency and the united states government. It is also the intent of the Members that the Agency shall acquire, own, maintain, lease and operate the Norton Air Force Base property, which shall be named and known as the "San Bernardino Regional Airport", for such aviation uses as may be legally permitted upon such property or such other legal uses as may be determined by the Agency. The Members further acknowledge and agree that the reuse and redevelopment of the Norton Air Force Base, the adjacent property and the other properties in proximity thereto will assist in both the creation of new employment opportunities and in the preservation of existing employment opportunities on a regional basis and will be in the best interests of each Member and the residents within the boundaries of each Member. All such ultimate uses of the Norton Air Force Base by the Agency and any acquisition thereof shall be accomplished in accordance with all applicable laws of the State. section 2.02. Creation of the Agency. Pursuant to the
Act and the Law, there is hereby created a public entity to be known as the "Inland Valley Development Agency". The Agency shall be a public entity separate and apart from the Members and shall be empowered to take such action, to the extent permitted by law, to cause the implementation of this Agreement.
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Section 2.03. Membership/Territory. Membership in the
Agency shall be based upon the agreement of each of the Members to allow certain territory, otherwise within the jurisdiction of each such Member which territory is shown on Exhibit "A", included for consideration in connection with the ultimate formation of a Project Area. The final inclusion or exclusion of such territory of a Member within the Project Area shall only be authorized pursuant to a majority vote of the Board Members. section 2.04. Expansion of Membership. The membership
of the Agency may be expanded to admit a New Member after the final adoption of the Redevelopment Plan for the Project Area pursuant to Health and Safety Code Section 33365 by processing an amendment to the Redevelopment Plan pursuant to Health and Safety Code section 33450, et seq., to include the territory of any proposed New Member. Such an expansion of the membership of the Agency to admit any New Member shall require the unanimous vote of the Board Members and the adoption and approval by each Member of an amendment to this Agreement in the manner as provided in section 8.04 hereof.
The membership of the Agency shall include all
prospective Members identified in Section 2.09 as of the date of approval, execution and delivery of this Agreement by each Member to the other Members.
section 2.05. Board. The Agency shall be administered
by a Board comprised of the number of Board Members representing the respective public entities as set forth in section 2.09 hereof which have elected to become Members or New Members of the Agency.
The number of the Board Members representing each Member may be modified only by an amendment to this Agreement approved in writing by each of the Members and New Members, if
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applicable, who are then in membership in the Agency in the manner as provided in section 8.04 hereof. The number of Board Members, Members and New Members, if applicable, may also be modified as provided in accordance with section 2.06 hereof. The Board shall be called the "Governing Board of the Inland Valley Development Agency". All voting power of the Agency shall reside in the Board Members as individuals and not in any Member jurisdiction by its city councilor Board of Supervisors. section 2.06. Expulsion and withdrawal from
Membership. Any expulsion or withdrawal of a Member or New Member from the membership in the Agency shall be in accordance with the following:
(a) Expulsion from Membership. At any time prior to the introduction and first reading of an ordinance providing for final adoption of the Redevelopment Plan, a Member may be expelled from membership in the Agency upon a majority vote of the Board Members. At any time prior to the introduction and first reading of an ordinance providing for the final adoption of an amendment to the Redevelopment Plan which amendment is for the purposes of adding new territory of a New Member to the Project Area, such New Member may be expelled from membership in the Agency upon the majority vote of the Board Members.
The Agency shall not include any portion of the
territory of an expelled Member or an expelled New Member unless such expelled member or expelled New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon expulsion from membership in the Agency, any expelled Member or any expelled New Member shall no longer be a party to this Agreement for any purposes.
Both for purposes of this section 2.06 and as an agreed upon procedure to be followed by the Agency in the adoption of the Redevelopment Plan and amendments to the Project Area, the -9-
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introduction and first reading of the ordinance to approve the Redevelopment Plan and any amendments to the Project Area for the purpose of adding additional territory to the Project Area shall not occur any earlier than the sixth (6th) calendar day after the conclusion of the public hearing of the Agency to consider the approval of the Redevelopment Plan or any amendments to the Project Area. As provided in this subsection (a) and in the following subsection (b), any expulsions from membership or any voluntary withdrawals from membership shall occur no later than the fifth (5th) calendar day after the conclusion of the public hearing on the Redevelopment Plan or any amendments to the Project Area.
(b) Voluntary withdrawal from Membership. Any Member
may voluntarily withdraw from membership in the Agency at any time prior to the introduction and first reading of an ordinance providing for the final adoption of the Redevelopment Plan.
Subsequent to such final adoption of a Redevelopment Plan by the Agency, any New Member may seek to have territory added to the Project Area pursuant to an amendment to the Redevelopment Plan.
At any time prior to the first reading of an ordinance providing for the final adoption of an amendment to add territory to the Redevelopment Plan, a New Member may voluntarily withdraw from the membership prior to the inclusion of such territory of a New Member within the amended Project Area. The Agency shall not include any portion of the territory of a withdrawing Member or a withdrawing New Member unless such withdrawing Member or withdrawing New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon voluntary withdrawal from membership in the Agency, such withdrawing Member or withdrawing New Member shall no longer be a party to this Agreement for any purposes.
(c) Mandatory Participation. Upon the introduction and
first reading of the ordinance to approve the Redevelopment Plan or an amendment to add territory to the Project Area, (i) any -10-
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Member who has territory included within the boundaries of the proposed Project Area, and (ii) any Member or New Member who has territory included within the territory to be added by an amendment to the project Area, shall be unable to voluntarily withdraw or be expelled from the Agency membership.
Section 2.07. Meetings of the Board.
(a) Regular Meetings. The Board shall hold regularly
scheduled meetings at such time and at such location or locations to be designated by the Board Members. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be delivered to each of the Members. Regular meetings of the Agency may only be held at a location or locations which are either within any portion of the territorial jurisdiction of a Member which is a municipal corporation or within three (3) miles of the boundaries of Norton Air Force Base.
(b) Special Meetings. Special meetings of the Board
maybe called in accordance with the provisions of section 54956, et seq., of the Government Code of the State.
(c) Call. Notice and Conduct of Meetings. All meetings
of the Board, including without limitation special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act found as section 54950, et seq., of the Government Code of the State.
section 2.08. Minutes. The Secretary shall maintain
minutes of the meetings of the Board and shall, as soon as practicable after each meeting, forward a copy of the minutes to each Board Member and to each of the Members.
section 2.09. Voting.
The number of votes for each public entity which is
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included within the then current membership of the Agency as either a Member or a New Member shall be as follows:
City of San Bernardino
County of San Bernardino
city of Colton
City of Lorna Linda
Votes
3 2
2 2
Each Member with two (2) votes shall have two (2) Board Members with one (1) vote each, and the Member with three (3) votes shall have thr e e (3) Board Members with one (1) vote each. In the event a Board Member for a Member with two (2) v otes is not present upon the casting of votes on any matter, the other Board Member may cast two (2) votes on behalf of such Member in any mann e r deemed appropriate by such Board Member. In the event either one (1) or two (2) Board Members for a Member with three (3) votes are not present upon the casting of votes on any matter, the Board Member or Board Members of such Member in attendance may cast among them a total of three (3) votes on behalf of such Member in any manner deemed appropriate by such Board Member or Board Members. In the event no Board Member of a Member is present at the time that votes are cast on a matter, the votes of such absent Board Member or Board Members shall be considered as not having been cast on such matter.
Each Member by official action of its city councilor
Board of Supervisors, as appropriate, shall designate one (1) elected official of the Member for each vote and Board position as the primary representatives for each Member. Such primary representatives may be any elected official of the Member. Each Member shall similarly designate one (1) additional elected official of the Member to serve as an alternate for either or all of the primary representatives for each Member.
section 2.10. Quorum; Required Votes; Approvals. No
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Person other than a duly appointed Board Member who has been appointed as either a primary representative or an alternate representative may sit on the Board and be considered for purposes of determining a quorum and for the casting of votes.
Board Members representing a majority of the Members and New Members then in the membership of the Agency shall constitute a quorum, which is necessary for the transaction of business, except that less than a quorum may adjourn from time-to-time.
The affirmative votes of a majority of the Board Members representing Members and New Members then in the membership of the Agency shall be required on all actions to be taken by the Board unless a greater number of votes is otherwise specified in this Agreement or required by law for a specific matter. Any Board Member who shall abstain from voting shall not have such vote counted as either an affirmative or a negative vote but shall be considered as present for purposes of determining whether a quorum of the Members is present.
section 2.11. Bylaws. The Board may adopt, from time
to-time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof; provided, however, that such bylaws shall not be inconsistent with this Agreement or in any manner amend or attempt or purport to amend this Agreement or any amendment to this Agreement.
ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.01. Co-Chairmen, Vice-Chairman and Additional Officers. The Board shall elect two persons to be Co-Chairmen and one person to be Vice-Chairman from among the Board Members for a term of two (2) years commencing as of the first regular meeting of the Board of the Fiscal Year which commences in an -13-
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even numbered calendar year; provided that the initial term of the Co-Chairmen and Vice-Chairman elected by the Board upon creation of the Agency shall terminate upon the election of the Co-Chairmen and Vice-Chairman for the 1992-93 and 1993-94 Fiscal Years. The Board shall appoint such additional officers and shall employ such additional employees and assistants as may be appropriate, including, but not limited to, a general manager, counsel and Secretary for the Board. The officers shall perform the duties normal to said offices; and
(a) Either Co-Chairmen, or such other official, officer or person as may be designated by the Board, shall execute all contracts on behalf of the Agency, and shall perform such other duties as may be imposed by the Board;
(b) the Vice-Chairman shall act, execute contracts and
perform all of the Co-Chairmen's duties in the absence of both Co-Chairmen; and
(c) the secretary shall attest to the execution of all
contracts executed by a Co-Chairman, Vice-Chairman or such other official, officer or person as may be designated by the Board, on behalf of the Agency, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Act.
section 3.02. Treasurer. The Board Members shall
select the treasurer or chief financial officer of a Member to be designated as the Treasurer of the Agency. The Treasurer shall be the depository and shall have custody of all of the funds and moneys of the Agency. The Board shall also appoint a controller who shall have custody of all the accounts and who shall draft warrants to pay all demands against the Agency as approved by the Board. The Agency shall approve the employment of a certified public accountant or firm of certified public accountants for the annual audit of all accounts and financial records of the Agency. -14-
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Section 3.03. Officers in Charge of Records. Funds and
Accounts. The controller shall have charge of, handle and have access to all accounts, funds and moneys of the Agency and all records of the Agency relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Agency. All persons who have charge of, handle or have access to any property of the Agency shall file an official bond in an amount to be determined by the Agency, and all costs of providing such official bond shall be paid by the Agency. section 3.04. Other Employees. The County of San
Bernardino (the "County") shall (i) provide the Agency with County staff personnel as reasonably deemed necessary by the Agency for the purposes of causing the preparation and adoption of the Redevelopment Plan for the Project Area, and (ii) contract with such consultants, engineers and legal counsel and other third parties as deemed necessary by the Agency in order to cause the successful adoption and administration of the Redevelopment Plan and cause to be prepared and adopted a Norton Air Force Base reuse plan. The Agency shall accept within thirty (30) days after the creation of the Agency all consultant contracts previously entered into by the County with consultants retained for the adoption of the base reuse plan and the Redevelopment Plan and with legal counsel. Upon acceptance of such contracts, the Agency shall approve a budget for the payment of all anticipated amounts to be paid pursuant to
said contracts have been fully performed.
such contracts until
The Agency hereby
deems such previously executed contracts to have been necessary for the adoption of the Redevelopment Plan and approves payment for the professional services performed pursuant to such contracts. The Agency also agrees to pay to the County all costs incurred by the County in preparation for the base reuse plan, this Agreement and the Redevelopment Plan, provided such costs represent additional expenses to the County which would not have been incurred but for the effort to create the base reuse plan, -15-
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this Agreement and the Redevelopment Plan all in connection with the Norton Air Force Base. The Agency shall have the obligation to reimburse the County solely from Tax Increment Revenues attributable to the Project Area for the costs paid or incurred by the County. Such reimbursement payments shall commence at such time as Tax Increment Revenues generated from the Project Area are available for the purposes of such reimbursement and shall continue until all amounts plus interest thereon have been reimbursed to the County. Such reimbursements shall be made periodically on a pro rata basis and installments shall be in such amounts as funds are available for such reimbursement so that, to the extent financially possible, all amounts plus interest thereon shall be reimbursed to the County within a three-year period. The reimbursement obligation shall only pertain to actual verifiable costs paid or incurred by the County, with interest thereon at the rate of seven and five tenths percent (7.5%) per annum on the outstanding principal balance calculated for the period of time from which the County expended funds until the date of full reimbursement of such principal amount plus interest thereon. To the extent any unreimbursed amounts remain outstanding at the end of three (3) years from the date expenses were incurred, such obligation for reimbursement shall continue until the County has been reimbursed in full. The Agency shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement.
None of the officers, agents or employees directly
employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any Member or, by reason of their employment by the Board, to be subject to any of the requirements of the Members. The Board may, however, elect to utilize the employment and benefit system of any Member with the written concurrence of such Member as the employment and benefit system for Board and Agency employees. The Agency shall adopt a conflict of interests code which shall pertain to all -16-
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Board Members and all officers, officials and employees of the Agency as shall be designated therein.
section 3.05 Assistant Officers. The Board may appoint
such assistants to act in the place of the Secretary or other Board appointed positions (other than any Board Member) as the Board shall from time-to-time deem appropriate.
section 3.06 Fiscal Review. The Agency in accordance
with Health and Safety Code section 33320.5 shall cause the formation of a fiscal advisory committee (the "Fiscal Advisory Committee") for the purposes of advising the Agency of any fiscal impacts suffered, or to be suffered, by any taxing agencies with territory located within the Project Area which fiscal impacts are caused by, or attributable to, the adoption of the
Redevelopment Plan, or an amendment thereto. Each Member shall, during the Redevelopment Plan adoption process, or the amendment process if necessary, commit the services of its fiscal officer or treasurer to participate on the Fiscal Advisory Committee for the purposes set forth herein. Said Fiscal Advisory Committee shall meet on a regular basis with any affected taxing entities and shall convene on a monthly basis, or more frequently as may be deemed necessary, in order to adequately analyze and advise on any fiscal impacts associated with the adoption of the
Redevelopment Plan, or an amendment thereto. Such Fiscal Advisory Committee shall present its findings and recommendations to the Agency regarding any fiscal impacts to affected taxing agencies for consideration by the Agency.
section 3.07 Technical Advisory Committee. Each of the
Members shall commit the services of its city manager, chief executive officer or redevelopment director to serve on a technical advisory committee (the "Technical Advisory Committee") to be formed by the Agency. The Technical Advisory Committee shall meet regularly with the staffs of each of the Members to informally discuss issues and concerns regarding the
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Redevelopment Plan adoption process and Redevelopment Plan amendment process, if applicable.
ARTICLE IV
POWERS
section 4.01. General Powers. The Agency shall exercise, in the manner herein provided, the powers common to each of the Members which are necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.03.
As provided in the Act, the Agency shall be a public
entity separate and apart from the Members. The jurisdictional boundaries of the Agency for which the Agency shall exclusively exercise powers of a redevelopment agency shall be the Project Area as may be initially adopted and any amendments thereto. All Tax Increment Revenues, investment earnings and other income accruing to the Agency shall be available for use by the Agency in a manner consistent with this Agreement. The Agency shall have the power to redevelop Norton Air Force Base and the properties which are adjacent and in proximity thereto and assist in the elimination of blight by expending moneys for
redevelopment purposes in order to cause the redevelopment of the Project Area in a manner consistent with the Law.
section 4.02. Specific Powers. The Agency is hereby
authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers only in accordance with the Law, the Act and other applicable laws of the State, including but not limited to, any or all of the following:
(a) to make and enter into contracts pertaining to the
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forth in Section 4.03 hereof;
(b) to employ agents or employees;
(c) to acquire or dispose of land or building sites;
(d) to provide financing assistance to encourage
development;
(e) to improve land or building sites through the
acquisition, installation and improvement of on-site or off-site Public improvements;
(f) to donate land to private or public persons or
entities;
(g) to incur debts, liabilities or obligations, and to
issue bonds, notes, warrants or other evidence of indebtedness; (h) to acquire, construct, manage, maintain, lease and
operate buildings, works or improvements, both public and private as may be permitted by the Laws of the State;
(i) to acquire, rehabilitate and dispose of buildings
or structures;
(j) to provide relocation assistance;
(k) to assist in the development of housing for the
benefit of, low- and moderate-income households and to provide subsidies in connection therewith;
(1) to apply for, receive and utilize grants and loans
from federal or state government or any other source;
(m) to enter into agreements with the united States of
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America or any agency or department thereof to determine the interim use and disposition of the Norton Air Force Base property;
(n) to develop financing plans, pay the principal and
interest on bonds, loans, advances or other indebtedness, or pay fin~ncing or carrying charges;
(0) to sue and be sued in its own name;
(p) to carry out and enforce all the provisions of this Agreement;
(q) to acquire, own, lease and operate an airport
facility, including any wastewater treatment facility in connection with the Norton Air Force Base property;
(r) to exercise any and all other powers of a
redevelopment agency as may be provided in the Law or the Act as the same exist and as the Law or the Act may hereafter be amended.
section 4.03. Restrictions on Exercise of Powers. The
powers of the Agency shall be exercised in the manner provided by Law and the Act and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of San Bernardino in the exercise of similar powers. Any exercise of the power of eminent domain by the Agency shall require the two-thirds (2/3rds) vote of the Board Members and the concurring two-thirds (2/Jrds) vote of either (i) the city council within whose municipal boundaries the property that is the subject of the eminent domain action is located, or (ii) the Board of Supervisors of the County in the event the property that is the subject of the eminent domain action is located within the unincorporated area of the County.
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Section 4.04. Redevelopment Projects/Priorities. The
Agency shall maintain two (2) priority lists for projects to be undertaken by the Agency with Agency Tax Increment Revenues. The first list shall be job generating and blight elimination projects that comply with certain criteria to be established by the Agency, and the second list shall include
that can be legally undertaken by the Agency.
any other project
A Member of the
Agency may propose projects within the Member's territory and the Agency itself may propose projects, subject to the limitations set forth herein.
with respect to Member proposed projects within the
territory of such Member, each Member by official action of its city councilor Board of supervisors, as appropriate, must approve such projects. All such Member proposed projects shall be prioritized on an ongoing basis by a majority vote of the Board Members and such projects shall be placed on either the "job generating/blight elimination" list or the "other project" list. All such approved projects on both priority lists will be undertaken by the Agency as funds are available to the Agency for such purpose. The designation of projects for either priority list and the actual prioritization of projects on the respective lists shall require a majority vote of the Board Members. The initial authorization to proceed with the implementation of such specific projects by the letting of contracts or the
appropriation of funds shall require a majority vote of the Board Members. A Member by official action of its governing body may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Agency.
A Member may carry out within a Project Area any
activity which may legally be undertaken by the Member which does not involve the expenditure of Agency funds, and no approval of the Agency shall be required for such projects.
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In the event the Agency elects to undertake a
development project which requires the expenditure of Agency Tax Increment Revenues or enter into an agreement for any real property lease, acquisition or disposition, either of which is being proposed by the Agency and not by a Member, the Agency may undertake such development project or real property transaction within the territorial jurisdiction of a Member only upon the approval of the governing body of such Member.
The implementation of any project shall be subject to
ordinary and customary development conditions and criteria, exactions and imposition of mitigation measures as may be determined in the sole discretion of the Member's planning commission, the city councilor Board of Supervisors, as appropriate, and any other advisory boards of the Member within whose territorial jurisdiction such project is proposed to be located.
The Redevelopment Plan shall contain provisions to the
effect that at such time or times as the general plan land use designations may be changed by the legislative body of a Member, the Redevelopment Plan shall be deemed to be automatically modified so that the Redevelopment Plan will at all times be in conformity with the local land use designations of each Member. section 4.05. Obligations of Agency. The debts,
liabilities and obligations of the Agency shall not be the debts, liabilities and obligations of any of the Members unless such Member shall expressly agree in writing to repay such debt, liability or obligation.
ARTICLE V
ASSUMPTION OF RESPONSIBILITIES; APPLICATION OF FUNDS
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Section 5.01. Assumption of Responsibilities by the
Agency. As soon as practicable after the effective date of this Agreement, notice shall be given in the manner required by section 8.01 of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.07 and elect the Co-Chairmen and a Vice Chairman and appoint the Secretary and Treasurer.
section 5.02. Delegation of Powers. Each of the Members hereby delegates to the Agency the power and duty to undertake such actions as may be necessary to carry out the intent of this Agreement to the extent permitted by this Agreement and by law. section 5.03. Creation and Application of Funds. The
Members agree that the Redevelopment Plan for the Project Area and the ordinance adopting such Redevelopment Plan shall contain a provision requiring that Tax Increment Revenues attributable to the project Area in accordance with Health and Safety Code section 33670(b) shall be allocated for Agency use from each Member's percentage share of the one percent (1%) tax rate as follows: (i) each Member which is a incorporated city (the "City Member") shall have allocated for Agency use one-half (1/2) of their percentage share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property located within their municipal boundaries of the Project Area; (ii) the County shall have allocated for Agency use one half (1/2) of the County General Fund share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property which is within County unincorporated areas of the Project Area as of the effective date of this Agreement. Upon annexation of any such County unincorporated property into the municipal boundaries of a City Member, both the county and such City Member agree that the property taxes represented by fifty percent (50%) of their respective percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use, or such greater percentage figure as may -23-
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be necessary to make the combined City Member or County allocation in such annexed territory at least equal to the amount of Tax Increment Revenues allocated for Agency use as Tax Increment Revenues from the County General Fund immediately Prior to such annexation. Upon annexation of any such County
unincorporated property into the municipal boundaries of a city that is not a Member, the County agrees that the property taxes represented by fifty percent (50%) of its percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use.
The Agency may not receive or use any Tax Increment
Revenues attributable to the percentage share of a Member from the one percent (1%) property tax rate in excess of the amount required to be allocated for Agency use herein without the expressed written approval of the affected Member. The Agency may not receive or use any Tax Increment Revenues from the percentage share of the one percent (1%) property tax rate attributable to all special districts governed by the Board of Supervisors (including the County Flood Control District), the County superintendent of Schools and the County Free Library without the express written approval of the County.
The Agency shall authorize the filing of a validation
action as permitted by Health and Safety Code section 33500, et seq., for the purpose of determining the legality and validity of all proceedings taken for or in any way connected with the establishment of the Agency and its authority to transact business and to exercise its powers. Such validation action shall, in addition to other matters as may be validated thereunder, specifically address the matters set forth in this section 5.03 and determine (i) the validity of the Agency designation as Tax Increment Revenues of less than all of the property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code section 33670(b) attributable to the property tax rate of a Member and (ii) the validity of -24-
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causing the remittance of the remaining portion of such property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code Section 33670(b) attributable to the property tax rate of a Member that are not designated as Tax Increment Revenues to the respective Members as the proceeds of taxes for deposit and use by each respective Member as general fund revenues.
section 5.04. Unexpended Funds. Any unexpended funds
on deposit with the Agency and any direct or indirect moneys received or earned by the Agency shall, upon termination of this Agreement or upon the dissolution of the Agency, be distributed to the respective Members in proportion to each Member's contribution to the total allocation of Tax Increment Revenues to the Agency from all Members up to the time of such termination or dissolution.
section 5.05. Member Contributions. Nothing contained
in this Agreement shall preclude any Member or New Member from contributing or advancing any legally available funds, moneys or revenues of any such Member or New Member all as provided in section 6504 of the Act. Any contribution or advance to the Agency by a Member or New Member in furtherance of the purpose of this Agreement shall be made only upon agreement by and between the Agency and the Member or Members and the New Member or New Members, as applicable, seeking to or being requested to make such contribution or advance to or for the benefit of the Agency.
ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
section 6.01. Accounts and Reports. The Treasurer
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the Agency shall be open to inspection at all reasonable times by representatives of the Members and the Board Members. As soon as practicable after the close of each Fiscal Year, the controller shall give a complete written report of all financial activities for such Fiscal Year to the Board Members and the Members, and the Agency shall cause an audit to be conducted by an independent certified public accounting firm, as provided in Section 3.02 hereof. The final audit shall be distributed to each Member, to each Board Member and to each member of the Technical Advisory committee.
section 6 . 02. Disbursements. The Agency shall make
disbursements required by this Agreement or carry out any of the provisions or purposes of this Agreement in accordance with policies and procedures as may be established by the Board. section 6.03. Annual Budget and Administrative
Expenses. Prior to July 1st of each year, the Board shall adopt an annual budget for all Agency expenses which budget shall include Agency administrative expenses, capital expenditures and debt repayments for both public improvement projects and other redevelopment activities.
ARTICLE VII
TERM
section 7.01. Term. This Agreement as originally
approved has become effective on January 24, 1990. This Agreement shall continue in effect for a term of years not less than the duration of the Redevelopment Plan or the term of any agreements entered into with the State or federal government or any agency or department thereof unless terminated by the mutual consent of the Members on an earlier date; provided, however, -26-
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that this Agreement shall not be terminated by the mutual consent of the Members if (i) such termination would impair any contractual arrangement between the Agency and third parties, or (ii) the Agency has previously issued bonds, notes or other forms of indebtedness to undertake any purposes of the Agency; unless, however, any such obligations have been paid in full or assumed in full by any Member or Members independently or by another governmental entity as maybe permitted by the laws of the state. section 7.02. Disposition of Assets. Upon termination
of this Agreement, all property of the Agency, both real and personal, shall be divided among the Members in the same manner as provided for in section 5.04 hereof.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
section 8.01. Notices. Notices hereunder to any Member
shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United states mail, postage prepaid, return receipt requested, or by fax, facsimile or telecopier transmission to the principal office of the Members as each Member may determine to be its address for the receipt of notices pursuant to this Agreement. Notice shall be deemed to have been given for purposes of this Agreement upon receipt if by either messenger or registered or certified united states mail and upon transmission by the party giving notice if by fax, facsimile or telecopier transmission.
section 8.02. section Headings. All section headings
in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provisions of this Agreement.
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Section 8.03. Law Governing. This Agreement is made in
the State under the constitution and laws of the State and is to be so construed.
section 8.04. Amendments. This Agreement may be
amended at any time, or from time-to-time, by one or more supplemental agreements approved by official action of the respective city councils or Board of supervisors, as appropriate, and executed by all of the Members who are then parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose including without limitation the addition of New Members and any other public agencies heretofore or hereafter created, in furtherance of the purposes of this Agreement.
section 8 . 05 . Enforcement by Agency. The Agency is
hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. section 8.0 6 . Severability. Should any part, term or
provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
section 8.07. Successors. This Agreement shall be
binding upon and shall inure to the benefit of the successors of the respective Members. None of the Members may assign any right or obligation hereunder without the written consent of the other Members.
Section 8.08 . Executed counterparts. This Agreement
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body of each Member of a conformed copy of both this Agreement and Exhibit "A" prior to the obtaining of all executed signature pages to this Agreement from the other Members of the Agency.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunder duly authorized and their official seal to be hereto affixed, on the day and year set opposite the name of each of the parties.
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( SEAL)
ATTEST:
-""'~~<L4'¢=~"""' I.u.~~«-- __ /-
city Clerk
Approved as to Form:
C ty Attorney
CITY OF SAN BERNARDINO, C ·I:;TFORNIA
Title:
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(SEAL)
A'fTEST:
city Clerk
Approved as to Form:
City Attorney
CITY OF COLTON, CALIFORNIA
BY~":::::"'_~~~.u...:,;~~~~~
Title: I-1A.YOR,
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(SEAL)
ATTEST:
& "",,4 ) ~1zz? a ~ i2 /!:z7Pt-
City Clerk
Approved a s to Form:
city Attorney
CITY OF LOMA LINDA, CALIFORNIA
Title: MAYOR
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Approved as to Form:
COUNTY OF SAN BERNARDINO
By:
Title: Vlot CHAIRMAN , BOARD OF SUPERVISORS
FEB 1 2 1990
SIGNED AND CrATIFlEO THAT A Cr?~ Of THIS
OOCUI'1ENT liAS BEEN DElIIJf.Rto TO 1 rlE C\lAIR,
MAN Of '[HE
>Af~1 rd >llOA'['
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EXHIBIT "A"
Territory to be included by each Member for consideration in the formation of the project Area as provided in section 2.03 of the Agreement is all territory within the Preliminary Survey Area Boundary as shown on the map portion of this Exhibit "A", exclusive of all existing redevelopment project areas and proposed redevelopment project areas for which a boundary map and legal description have been filed by the appropriate Member with the State Board of Equalization, and exclusive of all territory listed in the Attachment to Exhibit "A". Except for such exclusions, the territory within the Preliminary Survey Area Boundary shall include both (i) all incorporated areas of a Member, if such Member is a municipal corporation and (ii) all unincorporated areas of the County of San Bernardino.
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ATTACHMENT TO EXHIBIT A
EXCEPTING therefrom the following described property in the Cities of San Bernardino and Highland and unincorporated area in the County of San Bernardino:
PARCEL NO. 1
All of that certain property lying North of the centerline of Mill Street, South of the centerline of Poplar Street, East of the centerline of Mt. Vernon Avenue and West of the East line of Eureka Street.
PARCEL NO.2:
All of that certain property lying North of the centerline of Esperanza Street and it's Westerly prolongation, South of the centerline of Mill Street, East of a line which is parallel with and 150 feet West of the centerline of "K" Street and West of the East line of "J" Street.
PARCEL NO.3:
All of that certain property lying North of the centerline of 5th Street, South of a line which is parallel with and 300 feet North of the North line of 6th Street, East of the East line of Mayfield Avenue and it's Northerly prolongation and West of the East line of Mt. View Avenue.
PARCEL NO.4:
All of that certain property lying North of a
300 feet South of the South line of 9th Street,
centerline of 10th Street, East of the centerline
and West of the centerline of Mt. View Avenue .
PARCEL NO.5:
line which is
South of the
of "D" Street
All of that certain property lying North of the centerline of Kingman Street, South of the centerline of 6th Street, East of the Westerly boundary of the Joint Powers Authority and West of the centerline of Cabrera Avenue.
Page )5
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PARCEL NO.6:
All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of the Atchison, Topeka and Sante Fe Railroad right-of-way, South of a line which is parallel with and 800 feet South of the south line of Pioneer Street, Easterly of the Northerly right-of-way line of the Santa Ana River and West of the centerline of Gage Street and its Northerly and Southerly prolongation.
PARCEL NO.7:
All of that certain property lying North of the centerline of 6th Street, South of the centerline of Vine Street and its Westerly prolongation, East of the centerline of Elm Street and West of a line which is parallel with and 800 feet East of the East line of Sterling Avenue in the Cities of San Bernardino and Highland.
PARCEL NO.8:
All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of 7th Street and its Westerly prol o ngation, South of a line which is parallel with and 200 feet North of the North line o f Vine Street and its Westerly prolongati o n , East of a line whi c h is parallel with and 200 feet West of the c enterline of Tippe ca no e A v enue and East of the centerline of Fairfax Lane and its Northerly and Southerly prolongation in the cities of San Bernardino and Highland.
PARCEL NO.9:
All of that certain property lying North of the centerline of San Bernardino Av enue and its Westerly pro longation, South of the centerline of the Santa Ana Ri ver, East o f a line which is parallel with and 300 feet West o f the cent e rline of Tippecanoe Avenue and West of a line which is parallel with and 1100 feet East of the centerline of Tippecanoe Avenue.
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ATTACHMENT 1
CURRENT JOINT POWERS AGREEMENT
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BYLAWS OF THE INTERAGENCY COUNCIL ON HOMELESSNESS
San Bernardino County Homeless Partnership
Interagency Council on Homelessness
BY-LAWS
Adopted March 22, 2010
Amended August 15, 2018
Amended August 28, 2019
A Continuum of Care is a community plan to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self -sufficiency. The mission of the San Bern ardino County Homeless Partnership is to provide a system of care network that is inclusiv e, well planned, coordinated, evaluated and accessible to all who are homeless or at-risk of being homeless.
Article I
Purpose
The Interagency Council on Homelessness (“ICH”) is a vital component of the San Bernardino County Homeless Partnership (“Partnership”). The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County (“10-Year Strategy”). The ICH will focus on resource development to e nsure the funding of homeless projects and 10 -Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”).
Article II
Vision
Provide leadership in creating a “comprehe nsive countywide network” of service delivery for the homeless population. Identify families and individuals at-risk of homelessness and circumstances leading to homelessness through facilitation of better communication, planning, coordination, and cooper ation among all entities that provide services and/or resources for the relief of homelessness in the County of San Bernardino in a united effort to eliminate homelessness county-wide.
Article III
Duties
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2 The ICH is charged with directing, coordinating an d evaluating all of the activities related to implementation of the 10 -Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH.
The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County on a regional basis in order to carry out implementation activities and will develop resources to ensure the funding of homeless projects and 10-Year Strategy recommendations.
As the oversight board of the CoC, the ICH duties are:
1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including:
a. The operation and oversight of the local CoC;
b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area;
ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead;
iii. Ensure consistent participation of recipients and sub -recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS.
iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements;
2. To represent the relevant organizations and projects serving homeless subpopulations;
3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community;
4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations;
5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process;
6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub -recipient performance, evaluate outcomes, and take action against poor performers; and
7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.
Article IV
Membership
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3 A. ICH Membership Composition
The membership of the ICH shall be broadly based with representation from all sectors of the community, including but not limited to: homeless service providers, representatives of federal, state and local government, corporations, and concerned individuals. Due to the large size of San Bernardino County (22,000+ square miles) and to encourage collaboration among members, representation on ICH will be on a regional basis. The regions will be as follows:
West Valley Region: Encompasses the cities of Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, Upland, and the surrounding unincorporated communities.
Central Valley Region: Encompasses the cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa, and the surrounding unincorporated communities.
East Valley Region: Encompasses the cities of Needles, Twenty-nine Palms, Yucca Valley, and the surrounding unincorporated communities.
Desert Region: Encompasses the cities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and the surrounding unincorporated communities.
Mountain Region: Encompasses the city of Big Bear and the unincorporated communities which include Blue Jay, Cedar Glen, Cedarpines Park, Crestline, Forest Falls, Green Valley Lake, Lake Arrowhead, Rim Forrest, Running Springs, Skyforest, Sugarloaf, and Twin Peaks.
A member whose service area covers more than one Region shall designate a Region as their primary service area. Members may participate in meetings and activities outside of their designated Region, but may only hold the office of Regional Representative in their designated Region
The ICH membership shall be composed of no more than 19 members.
1. Two (2) members from the San Bernardino County Board of Supervisors or designee;
2. City Representative (West Valley Region)
3. City Representative (Central Valley Region)
4. City Representative (East Valley Region)
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4 5.
City Representative (Desert Region)
6. City Representative (Mountain Region)
7. San Bernardino County Law & Justice Group
8. San Bernardino County Superintendent of Schools
9. Deputy Executive Officer, Community Development & Housing Agency
10. Assistant Executive Officer of Human Services
11. Director of the Department of Behavioral Health
12. Director of the Housing Authority of San Bernardino County
13. Homeless Provider Network (West Valley Region)
14. Homeless Provider Network (Central Valley Region)
15. Homeless Provider Network (East Valley Region)
16. Homeless Provider Network (Desert Region)
17. Homeless Provider Network (Mountain Region)
18. Homeless or Formerly Homeless Individual
City Representatives will be selected by the City Selection Committee of San Bernardino County (Government Code 50270 et. Seq.). Should a city seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members. City representatives are not required to be council members but must be at the level of a department director or higher.
The HPN Chair will automatically serve as the delegate member from his/her region.
Should a HPN regional seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members.
Regional representatives will also participate in their respective regional subcommittee.
B. Membership Application and Approval Process
Solicitation for ICH membership applications for unfilled positions shall begin no less than eight weeks after the vacancy of an individual ICH member. The Office of Homeless Services (OHS) on behalf of the ICH shall circulate a “Call for Applications” to the appropriate organization or part ies. The “Call for Applications ” will set forth the criteria for appointment to the ICH, and will set the deadline for the receipt of said applications . Applications must be accompanied by a Letter of Recommendation from the sponsoring ICH Member agency or organization or an individual Member of the ICH.
Directors listed in Article IV, section A, and elected o fficials, which have been designated to sit on the ICH by a local government agenc y listed in Article IV, section A, shall become a member of the ICH by reason of their position without application. Designees, recommended in lieu of the above listed individuals, must comply with the application process.
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5 The ICH will establish an ad -hoc Application Review Committee as needed to review applications and develop a screening process. The Application Review Committee will recommend candidates for appointment to the ICH after reviewing the applications. The OHS shall prepare a synopsis of the recommended applicant’s qualifications for the ICH. OHS shall forward the recommendations and synopses to the ICH no later than two (2) weeks prior to the next regularly scheduled meeting at which the approval of new members will occur.
C. Membership Terms of Service
Once appointed to the ICH, Members shall serve an unlimited term unless the relationship is terminated pursuant to the terms of Article IV of these Bylaws.
1 .
D. Membership Responsibilities
All Members are expected to attend meetings. M ember absences will be noted in the minutes. Other responsibilities may include:
1. Providing oral and/or written comment on issues being discussed by the ICH;
2. Assisting in the development and implementation of task forces, subcommittees and/or committees necessary to conduct the business of the ICH;
3. Supporting and participating in training, summits, and activities sponsored by the ICH;
4. Active participation in the annual Point-in-Time Count;
5. Reviewing and commenting on documents, such as those concerning t he Continuum of Care Homeless Assistance Grant funding; and
6. Providing regular reports and updates regarding ICH activities and progress back to member agencies (i.e., inclusion of ICH agenda and minutes in the agency’s official public records).
E. Membership Voting
1. A Member representing more than one Agency or Office shall receive only one vote.
2. A Member shall designate one representative to vote on behalf of the Member and may establish one alternate to vote in the absence of the designated representative.
F. Membership Vacancies
1. ICH membership ends when:
At least ninety (90) days notice shall be given unless otherwise mutually agreed.
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6 a. A Member resigns or is unable to serve for justified reasons; or b. A Member is deemed inactive by the ICH upon the relevant facts that have been presented; or
c. A Member is replaced by the sponsoring agency or organization; or d. A Member is terminated by a majority of the ICH for just cause:
i. Charged with a crime that would subject the Member to debarment, suspension, disqualification or other exclusion from participating in a federally funded transaction pursuant to federal law.
ii. Unprofessional behavior.
iii. Violation of these bylaws.
iv. Conduct prejudicial to the best interests of the ICH; v. Lack of participation in three (3) consecutive ICH meetings without prior ICH approval. vi. Just cause as defined by the majority of the ICH.
2. Termination of an individual’s membership does not terminate the sponsoring agency or organization’s representation of the ICH.
3. If a Member representative who has been duly notified of ICH meetings misses three meetings within a one-year period, the Chair shall formally and in writing contact the Member requesting a written response of the ability of the Member’s representative to continue participation in the ICH.
If a written response acceptable to the Chair is not received within 30 calendar days, then the Chair may ask that a new representative be designated.
Article V
Officers
The ICH shall elect from among its Members a Chair and Vice Chair. Each officer shall serve for a term of two (2) years commencing October 1 and ending September 30 of the second year.
A. Selection of Officers
Officers shall be nominated by the membership and elected to office by a majority vote of the Members present at a meeting in which a quorum has been established.
B. Duties of Officers
1. The duties of the Chair shall include:
a. Provide oversight, direction and leadership to the ICH. b. Conduct and facilitate ICH Meetings.
c. Coordinate agenda setting with the Office of Homeless Services (OHS).
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7 d. Appoint Committee Chairs.
2. The duties of the Vice Chair shall include:
a. Perform all of the Chair’s duties in the absence of the Chair, unless the Bylaws of the ICH provide otherwise.
b. Perform other duties as requested.
Note: In the absence of the Chair and the Vice-Chair a staff member of the Office of Homeless Services shall chair the meeting(s).
Article VI
Vacancies of Officers
Should the office of Chair become vacant prior to the end of the present term, the Vice -Chair shall complete the term of office. The position of the Vice-Chair shall be filled by a special vote at the next regular ICH meeting.
Article VII
Meetings
A. Regular Meetings
Regular meetings of the ICH shall be held at least bi-monthly at a time and date determined by the Members, or as modified by a majority vote of the Members at any regular meeting where a quorum has been established.
B. Special Meetings
A special meeting may be called at any time by the Chair, or at the request of the majority of the Members, by delivering personally or by mail or electronically written notice of the date and purpose of the meeting to each Member 48 hours before the time specified in the notice.
C. Governing Rules
Meetings shall be conducted in accordance with the provisions of t he Brown Act (Government Code, section 54950, et seq.) and under Robert’s Rules of Order. Each member will be provided with a copy of Roberts Rules of Order at installation.
Article VIII
Quorum
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8 8/28/19
One half of the Members in good standing, plus one, shall constitute a quorum for the transaction of business .
The affirmative votes of at least a majority of the Members constituting a quorum at a duly scheduled meeting shall be required to take any action.
A member in good standing is a Member of the ICH who has met membership and attendance requirements.
Article IX
Agenda
The agenda for the regular meetings shall be prepared in consultation with the ICH Chair and distributed by OHS to each Member at least seven (7) calendar days prior to the meeting. The agenda should be accompanied by agenda support materials and shall be posted per the Brown Act requirements.
Article X
Agenda Deadline
All matters to be considered for the agenda must be submitted to the OHS at least fourteen (14) calendar days prior to the meeting.
Article XI
Minutes
Minutes shall be taken and distributed by the Office of Homeless Services, or designee. The Chair, and /or the Office of Homeless Services shall review and preliminarily approve the minutes prior to distribution. Minutes shall normally go out with the agenda for approval at the next meeting.
Article XII
Amendments
These bylaws may be amended by a two-thirds vote of the Members present at a meeting in which a quorum has been established in compliance with Robert’s Rules of Order.
_________________________________________________________________________________________________________________
CERTIFICATE OF OHS
I certify that t he above bylaws, consisting of eight (8) pages, including this page, are the bylaws of this body as amended by the Members.
Date: By:
Tom Hernandez - Office of Homeless Service
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9 APPENDIX A
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10 APPENDIX B
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UPDATED MAY 5, 2022
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
BYLAWS
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BYLAWS
THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Preamble
The Southern California Association of Governments (hereinafter referred to as either the “Association” or “SCAG”) 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 challenges and opportunities 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 challenges and opportunities requiring objective planning by jurisdictions in more than one (1) 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 Members of the Association in the region and 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 any joint powers agreements, State or Federal law, or the regulations adopted pursuant to any such law.
F. Assist local Association 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.
G. Undertake transportation planning programs and activities in accordance with the Association’s responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq., and as may be amended from time to time.
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ARTICLE II – DEFINITIONS
A. Advisory Member or Advisory Member of the Association, as used in these Bylaws, means a federally recognized Indian Nation within the SCAG Region, as defined below, that is significantly involved in regional problems or whose boundaries include territory in more than one county and that has paid its annual dues assessment.
B. Alternate, as used in these Bylaws, means either the mayor or a member of the legislative body of a member city, or the chair of the Board of Supervisors or a member of the legislative body of a member county who has been appointed by a Member of the Association to serve in an official capacity for all matters at a meeting of the General Assembly but only in the absence of the Official Representative of the member city or county. An Advisory Member of the Association may also appoint an Alternate to serve in the absence of the Official Representative of the Advisory Member.
C. Association, as used in these Bylaws, means the Southern California Association of Governments as established by that certain Southern California Association of Governments Agreement filed with the California Secretary of State on April 20, 1973, (said Agreement is hereinafter referred to as “Joint Powers Agreement”).
D. Association budget or annual budget or budget, as used in these Bylaws, shall mean the summation and presentation of all general fund revenues obtained by the Association from dues from Members, Advisory Members, and Regional Council members, and other sources of revenue and a summation and presentation of the costs, expenditures, savings and reserve accounts utilizing such revenue but specifically excluding all funds and expenditures associated with specific federal or state funding programs such as the Association’s annual Overall Work Program.
E. Days or days, as used in these Bylaws, means calendar days.
F. General Assembly, as used in these Bylaws, means a meeting of the Official Representatives of the Members and the Advisory Members of the Association.
G. Member, member or Member of the Association, as used in these Bylaws, means a city, county or County Transportation Commission within the SCAG Region, as defined below, that has satisfied the conditions of membership in Article III below.
H. Official Representative, as used in these Bylaws, means (1) the mayor or a member of the legislative body of a member city, or (2) the chair of the Board of Supervisors or a member of the Board of Supervisors of a member county, or (3) the chair or a member of the governing board of a member County Transportation Commission (CTC) within the SCAG Region who has been appointed by a Member of the Association to serve in an official capacity at a meeting of the General Assembly. Official Representatives may also be referred to as “Delegates” of the Association. An Advisory Member of the Association may also appoint an Official Representative to serve in an official capacity at a meeting of the General Assembly.
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I. Regional Council Policy Manual, as used in these Bylaws, means that Policy Manual first adopted by the Regional Council on July 12, 2007, and all subsequent amendments and updates approved by the Regional Council. In the event of a conflict between any part of the Regional council Policy Manual and any part of these Bylaws, these Bylaws shall prevail.
J. Regional Council member, as used in these Bylaws, means a Member of the Association or an Advisory Member of the Association or another entity specified in these as used in these Bylaws, means a Member of the Association or an Advisory Member of the Association or another entity specified in these Bylaws which is able to appoint a voting representative to serve on the Regional Council or whose city council members may participate in the selection of a District representative to serve on the Regional Council,
K. SCAG Region, as used in these Bylaws, means the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
L. Voting‐Eligible or voting‐eligible, as used in these Bylaws, describes those Members of the Association, Advisory Members of the Association and Regional Council members who retain all voting rights and who have not had their voting rights suspended as described in Article VIII, Paragraph C.
ARTICLE III – ASSOCIATION MEMBERSHIP AND REPRESENTATION FOR THE GENERAL ASSEMBLY
A. Membership
(1) All cities and all counties within the area of the SCAG Region are eligible for membership in the Association. In addition, each CTC from the SCAG Region is also eligible for membership in the Association.
(2) Each member county and each member city shall have one (1) Official Representative and one (1) Alternate in the General Assembly, except that the City of Los Angeles, if and while it is a member city, shall have three (3) Official Representatives and three (3) Alternates. Each member CTC shall have one (1) Official Representative in the General Assembly.
(3) Membership in the Association shall be contingent upon the execution of the Joint Powers Agreement and the payment by each member county, member city, or member CTC of each annual dues assessment.
(4) Any federally recognized Indian Nation within the SCAG Region which is significantly involved in regional problems or the boundaries of which include territory in more than one (1) county, shall be eligible for an Advisory Membership in the Association. In addition to selecting Official Representatives and Alternates for the General Assembly, such Advisory Members may collectively select a single representative from the Tribal
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Government Regional Planning Board, who shall be a locally elected Tribal Council member from a federally recognized Indian Nation and who shall serve on the Regional Council and may fully participate in the work of committees of the Association contingent upon the payment of the annual dues assessment.
B. Representation in the General Assembly
(1) Only the Official Representative present or the Alternate present in the absence of the Official Representative shall represent a Member of the Association or an Advisory Member of the Association in the General Assembly; provided, however, that a member of the Board of Supervisors of a member county may participate in the discussions of the General Assembly.
(2) Except as described herein, the Official Representative in the General Assembly of each member city of the Association, member‐county of the Association and member CTC of the Association shall be its respective Regional Council representative. Further, and except as described herein, the Official Representative in the General Assembly of an Advisory Member of the Association shall be its respective representative to the Regional Council.
(3) In the event that a member city of the Association does not have one of its city council members as its respective Regional Council representative, or if a member city does not wish to have its Regional Council representative be its Official Representative or Alternate, the member city may appoint as its Official Representative or Alternate a member of its city council who is not a Regional Council representative; provided that if and while the City of Los Angeles is a member city, the mayor of the City of Los Angeles shall be one of its Official Representatives. Further, in the event that an Advisory Member of the Association does not have one of its Tribal Council members as its representative to the Regional Council or if the Advisory Member does not wish to have its representative to the Regional Council be its Official Representative or Alternate, the Advisory Member may appoint a locally elected Tribal Council member as its Official Representative or Alternate.
(4) In the event that a member county of the Association does not wish to have its respective Regional Council representative be its Official Representative or Alternate, the member county may appoint as its Official Representative or Alternate a member of the Board of Supervisors who is not a Regional Council representative.
(5) In the event that a member CTC of the Association does not wish to have its respective Regional Council representative be its Official Representative, the member CTC may appoint as its Official Representative a member of the CTC Governing Board who is not a Regional Council representative.
(6) Names of all Official Representatives and Alternates shall be communicated in writing to the Association by the appointing city, county, CTC, or Tribal Council at least thirty (30)
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days before the annual meeting of the General Assembly. However, the SCAG President or the SCAG Executive Director may waive this deadline, upon the request of an appointing city, county, CTC or Tribal Council, as long as the name or names are communicated in writing to the Association before the opening of the General Assembly.
(7) An Official Representative or Alternate shall serve until a successor is appointed, except if an Official Representative or Alternate ceases to be a member of the appointing legislative body or Tribal Council or cannot serve as an Official Representative or Alternate because of a federal or state statute or regulation or resigns as an Official Representative or Alternate, then the position shall be vacant until a successor is appointed.
(8) All Official Representatives and Alternates shall file Statement of Economic Interest forms and comply with all SCAG policies regarding conflict‐of‐interest, harassment and discrimination.
ARTICLE IV – GENERAL ASSEMBLY
A. Powers and Functions
Subject to Article I, the powers of the General Assembly, shall include the following.
(1) The General Assembly shall determine all policy matters for the Association, approve they Bylaws and ratify the election of Officers.
(2) Any Official Representative (or Alternate acting in the absence of the respective Official Representative) may, at any regular meeting of the General Assembly, propose a subject(s) for study by the Association provided that the Official Representative (but not the Alternate) has notified the President of the proposal forty‐five (45) days in advance of any regular meeting 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 (or Alternate acting in the absence of the respective Official Representative)
may, at any regular meeting of the General Assembly, request a review by the General Assembly of any action of the Regional Council which has been taken between meetings of the General Assembly provided that the Official Representative (but not the Alternate) has notified the President of the review request forty‐five (45) days in advance of any regular meeting of the General Assembly
(4) The General Assembly shall review the proposed Association budget and annual dues assessment schedule and shall adopt an annual Association budget and an annual dues assessment schedule.
(5) Any Official Representative (but not an Alternate)
who desires to propose any policy
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matter for action by the General Assembly shall submit the matter to the Association in the form of a proposed resolution by a deadline established by the Association, that is subject to waiver by the SCAG President or Executive Director but which in all cases must be at least forty‐five (45) days prior to any regular meeting of the General Assembly.
The Bylaws and Resolutions Committee, whose membership and responsibilities are described in Article XI of these Bylaws, shall consider each such proposed resolution, and shall submit its recommendation to the Regional Council. A copy of each such proposed resolution whose approval is recommended by the Regional Council shall be included in the agenda materials for the regular meeting of the General Assembly.
B. Meetings
(1) A regular meeting of the General Assembly shall be held once a year. Special meetings of the General Assembly may be called by the Regional Council upon the request of the President and with the affirmative votes of a majority of the representatives of voting‐ eligible Regional Council members who are present and voting at a meeting of the Regional Council with a quorum in attendance. Ten (10) days’ written notice of a special meeting shall be given to the Official Representatives and Alternates of each Member and Advisory Member of the Association. An agenda specifying the subject of the special meeting shall accompany the notice.
(2) The time, date and location for meetings of the General Assembly shall be determined by the Regional Council.
(3) Notice of the regular meeting of the General Assembly shall be given to the Official Representatives and Alternates of each Member and Advisory Member of the Association at least twenty‐one (21) days prior to each regular meeting. An agenda for the regular meeting shall accompany the notice. Notice of any changes to the agenda shall be given at least ten (10) days prior to the regular meeting.
(4) The General Assembly may adopt rules for its own procedures but any such rules so adopted must be consistent with these Bylaws.
C. Voting
(1) A quorum of the General Assembly shall consist of one‐third of the number of Official Representative positions for voting‐eligible Members of the Association or Advisory Members of the Association. Unfilled Official Representative positions from Voting‐ eligible Members and Advisory Members of the Association will be counted in the determination of a quorum for the General Assembly.
(2) Each Official Representative of a voting‐eligible Member or Advisory Member of the Association shall have one (1) vote. In the absence of the Official Representative, the Alternate shall be entitled to vote. Unless otherwise identified in these Bylaws, an affirmative vote of a majority of the Official Representatives or Alternates of the voting‐
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eligible Members and Advisory Members of the Association present at the General Assembly and voting with a quorum in attendance shall be necessary for the approval or adoption of any matter presented for action to the General Assembly.
(3) Voting may be by voice, displaying voting cards, roll call vote or through the use of an electronic voting system. A roll call vote shall be conducted upon the demand of five (5) Official Representatives or their Alternates present, or at the discretion of the presiding officer.
ARTICLE V – REGIONAL COUNCIL
A. Regional Council Organization: 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 for the County of Los Angeles which shall have two (2) representatives; one (1) representative from the Tribal Government Regional Planning Board, who shall be a locally elected Tribal Council member from a federally recognized Indian Nation within the SCAG Region; one (1) representative from each District (as defined below); the Mayor of the City of Los Angeles serving as an at‐large representative for the City; one (1) city council member or member of a county Board of Supervisors, from the governing boards of each of the six (6) CTCs; one (1) local government elected representative from one of the five (5) Air Districts within the SCAG Region to represent all five (5) of the Air Districts; one (1) local government elected representative from the Transportation Corridor Agencies (TCA); one (1) local government elected representative serving as the Public Transportation Representative to represent the transit interests of all of the operators in the SCAG region; and a representative from the private sector appointed by the President to serve on both the Regional Council and the Executive/Administration Committee and who would serve on the Regional Council in an ex‐officio, non‐voting capacity.
(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 generally shall be comprised of a group of cities that have a geographic community of interest and have approximately equal population. In some cases involving cities with large populations, a District will include only one city. A District may be comprised of cities within different counties, but Districts established within a subregion under Article V A (1)(a)(5) of these Bylaws shall include only cities within the boundary of such subregion. Procedures for District representative elections and appointments shall be set forth under the Regional Council Policy Manual.
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(2) In every calendar year ending in 3 or 8, the Regional Council shall review, and, if it deems necessary, modify or establish District boundaries based upon city population data as most recently available from the State Department of Finance.
(3) Notwithstanding any other provisions of these Bylaws, in the event that District boundaries are changed as a result of a Regional Council review, then any impacted District shall have the option to retain its current District representative until the completion of the District representative’s term or until a special election is held, no later than two (2) months after final action by the Regional Council, to elect a District representative who shall serve for a term established by the Regional Council. Such special elections shall be held in accordance with the District representative election procedures described in the Regional Council Policy Manual.
(4) If a new city within the SCAG Region is incorporated after Districts have been established or reviewed, the newly incorporated city shall be assigned by the Regional Council, in consultation with any applicable subregional organization, to a District with other cities with which it has contiguous borders until such time as District boundaries are again reviewed by the Regional Council.
(5) In any area where a subregional organization has either (1) been formally established under a joint powers agreement pursuant to California Government Code Sections 6500 et. seq. to serve as the subregional planning agency for the general purpose local governments and is not a single‐purpose joint powers authority or a special district entity, or (2) been recognized by action of the Regional Council; and is organized for general planning purposes 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, such subregional organization shall make recommendations to establish a District (or Districts) within the boundaries of such subregional area. For purposes of establishing Districts, the subregional organization shall use the description of a District as set forth in Article V A,(1)(a)(1) of these Bylaws. The subregional organization shall have authority to make recommendations to the Regional Council to establish or modify Districts in every year ending in 3 or 8 and shall use city populations as most recently determined by the State Department of Finance.
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(6) The Regional Council shall establish no more than seventy (70) Districts.
(b) Regional Council Representation
(1) Every member city of the Association shall have at least one District representative.
(2) CTC, TCA and the Tribal Government Regional Planning Board representatives to the Regional Council shall be appointed by their respective governing boards, and the appointments shall be formally communicated in writing to the Association. The Air District representative shall be determined by the five (5) Air Districts within the SCAG Region, with such determination formally communicated in writing to the Association.
(3) The position of the Public Transportation Representative will rotate among the six CTCs in the SCAG Region, and each CTC in turn will make a two‐year appointment subject to the President’s official appointment.
The Chief Executive Officers of the CTCs may develop additional procedures for the selection process. A representative from the Los Angeles County Metropolitan Transportation Authority shall serve as the initial Public Transportation Representative on the Regional Council.
(2) Terms of Office:
(a) Membership on the Regional Council by District representatives shall be for two (2) years except for those District representatives elected through special elections or appointments as described below and in Article V A. above. Terms of District representatives shall commence on the adjournment of the annual meeting of the General Assembly and expire at the conclusion of the second regular meeting of the General Assembly occurring after their terms commence.
If a District representative resigns from his or her position as the District representative or officially ceases to be a locally elected official, his or her District representative position shall be declared vacant by the President on the effective date of the resignation or the end of the elected official’s locally elected position. Moreover, the President shall immediately declare vacant the position of a District representative if required by federal or state statutes or regulations, or in response to a no confidence vote by a District undertaken in accordance with the Regional Council Policy Manual or because of a failure to follow the election or appointment policies contained in the Regional Council Policy Manual. A no confidence vote shall only be undertaken in response to a resolution passed by all cities in the District that are voting eligible Members of the Association. All such vacancies shall be filled through special elections or new appointments as set forth in the Regional Council Policy Manual. In the case of District representatives elected pursuant to special elections or newly
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appointed to fill vacancies, the term shall be for such time as will fill out the remainder of the vacated term.
(b) The terms of District representatives who represent even‐numbered Districts shall be two (2) years and shall expire in even‐numbered years. Terms of District representatives who represent odd‐numbered Districts shall be two (2) years and shall expire in odd‐numbered years.
(c) Representatives to the Regional Council from the counties that are Members of the Association and from the CTCs, the Tribal Government Regional Planning Board, Air Districts, TCA, and the Public Transportation Representative shall have two (2) year terms, commencing on the date of appointment by the organizations they each representative and expiring two (2) years thereafter. If a representative described in this Article V A. (2)(c) ceases to be a locally elected official, or if so required by federal or state statutes or regulations, or if his or her appointment is rescinded by the appointing legislative body, his or her position on the Regional Council shall immediately be declared vacant by the President. Such a vacancy on the Regional Council shall be filled by action of the respective county, CTC, the Tribal Government Regional Planning Board, TCA, the five Air Districts in the SCAG Region in the case of the Air District representative, and the CTCs in the SCAG Region with respect to the Public Transportation Representative.
(3) Meetings: Unless the Regional Council decides otherwise, it shall generally meet at least once a month. The date, time and location of the Regional Council meetings shall be recommended by the Executive Director 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. The Regional Council may adopt any other meeting procedures as part of the Regional Council Policy Manual.
(4) Duties
(a) Subject to the policy established by the General Assembly, the Regional Council shall conduct the affairs of the Association, approve the Overall Work Plan (OWP) Budget required by state and federal agencies and any other similar budgets required by funding agencies, and approve the Regional Council Policy Manual and any amendments thereto. The Executive Director or his designee shall have the authority to make administrative modifications to the Regional Council Policy Manual to reflect past Regional Council actions without the Regional Council’s approval of a formal amendment to the Regional Council Policy Manual.
(b) The Regional Council shall review and may amend the proposed annual budget as prepared by the Executive Director. The proposed budget and the assessment schedule, as approved by Regional Council, shall be submitted to the members of the General Assembly at least thirty (30) days before the annual meeting. After the adoption of the annual budget assessment schedule by the General Assembly,
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the Regional Council shall control all Association expenditures in accordance with such budget.
(1) The Regional Council shall have the power to transfer funds within the total budget amount in order to meet unanticipated needs or changed situations. Such action shall be reported to the General Assembly at its next regular meeting.
(2) At each annual meeting of the General Assembly, the Regional Council shall report on all budget and financial transactions since the previous annual meeting.
(c) The Regional Council shall submit a report of its activities at each regular meeting of the General Assembly.
(d) The Regional Council shall have the authority to appoint, ratify the annual Work Plan of, approve the Employment Agreement of (including all compensation and benefits) and remove an Executive Director of the Association, and shall also have the authority to fix the salary classification levels for employees of the Association.
(e) The Regional Council shall have the power to establish committees or subcommittees to study specific problems, programs, and other matters which the Regional Council or General Assembly have approved for study. The SCAG President shall appoint all members and all chairs of committees and subcommittees that are established to study such specific problems or programs. At the discretion of the SCAG President, the chair of a Policy Committee may appoint the membership and chair of a subcommittee of said Policy Committee.
(f) Recommendations from committees for policy decisions shall be made to the Regional Council. The Regional Council shall have the authority to act upon policy recommendations including policy recommendations from the committees, or it may submit such recommendations, together with its comments, to the General Assembly for action.
(g) The Regional Council shall be responsible for carrying out policy decisions made by the General Assembly.
(h) Representatives of Regional Council members serving on the Regional Council may make informational inquiries of the Executive Director or Association executive staff consistent with the official Association duties of such representatives; however, such representatives shall refrain from any actions or contacts within the Association that would interfere with the powers and duties of the Executive Director.
(i) All representatives of Regional Council members serving on the Regional Council shall file Statement of Economic Interest forms and comply with the all SCAG
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policies regarding conflict‐of‐interest, harassment, discrimination and other matters as described in the Regional Council Policy Manual.
(5) Voting: In the Regional Council voting shall be conducted in the following manner:
(a) Only representatives of the voting‐eligible Regional Council members shall have the right to vote at meetings of the Regional Council. Proxy votes are not allowed and representatives must be present at a Regional Council meeting in order to cast a vote.
(b) One‐third (1/3) of the total number of representative positions from voting‐ eligible Regional Council members shall constitute a quorum of the Regional Council. The unfilled representative positions of voting‐eligible Regional Council members shall be counted in the determination of a quorum.
(c) The affirmative votes of a majority of the representatives of voting‐eligible Regional Council members voting with a quorum in attendance are required for action by the Regional Council, except as set forth in subsection (d) below.
(d) In order to appoint or remove the Executive Director, the affirmative vote of not less than a majority of the total number of representative positions, including unfilled representative positions, of the voting‐eligible Regional Council members is required.
(e) Each representative from a CTC, the Tribal Government Regional Planning Board, the Air Districts and TCA as well as the Public Transportation Representative shall have the right to vote in the same manner as other representatives of voting‐eligible Members of the Association serving on the Regional Council.
(f) Representatives of voting‐eligible Regional Council members serving on the Regional Council are free to abstain from voting on any issue before the Regional Council. Any abstention does not count as a vote in favor or against a motion.
(g) Due to the inability of Regional Council members to review main motions other than those presented as a “recommended action” in a meeting’s agenda material prior to a Regional Council meeting, the President shall not proceed with a vote on a main motion that differs from the “recommended action” in a meeting’s agenda material until the Clerk or counsel has re‐stated such a motion and an opportunity has been provided to Regional Council members to permit them to deliberate and debate such a motion.
(6) Expenses: Representatives of Regional Council members who serve on 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
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Planning Board. The Regional Council shall determine the amount of such compensation and set forth other procedures for expenses in the Regional Council Policy Manual.
B. Permanent Committees: For the purpose of developing policy recommendations to the Regional Council, the Regional Council shall establish as permanent committees the “Executive/Administration Committee,” the “Legislative/Communications and Membership Committee” and the three (3) policy committees known as the “Transportation Committee,” the “Energy and Environment Committee,” and the “Community, Economic and Human Development Committee” (the latter three committees collectively referred to herein as the “Policy Committees”.) In addition, the “Emerging Technologies Committee” is established by the Regional Council to research and identify new and emerging technologies that may play a role in transportation planning.
C. Executive/Administration Committee
(1) Membership: The membership of the Executive/Administration Committee (EAC) shall include the President, First Vice‐ President, Second Vice‐President and Immediate Past‐ President and the President shall serve as the Chair. The EAC shall also include the respective Chairs and Vice Chairs of the Legislative/Communications and Membership Committee and the three (3) Policy Committees, the representative from the Tribal Government Regional Planning Board serving on the Regional Council, and an additional four (4) representatives of Regional Council members who are appointed by the President. In making the appointments, the President shall ensure that the six (6) counties within the SCAG Region have representatives on the EAC. In addition, the representative from the private sector appointed by the President to serve on the Regional Council in an ex‐officio, non‐voting capacity shall also serve on the EAC in an ex‐officio, non‐voting capacity. Appointments by the President to a position on the EAC shall be for approximate one (1) year terms, and such appointments shall expire upon the adjournment of the next regular meeting of the General Assembly.
(2) Meetings: The EAC shall generally meet at least once a month and in accordance with the Regional Council Policy Manual, except that the EAC may decide not to meet upon the call of the EAC chair after consultation with the Executive Director or his designee.
(3) Duties:
(a) Subject to any limitations that may be established by the General Assembly and/or the Regional Council, the EAC is authorized to make decisions and take actions that are binding upon the Association if the President or the Executive Director determine that such decisions or actions are necessary prior to the next regular meeting of the Regional Council.
(b) Subject to the policies of the Regional Council, the EAC shall be responsible for:
(1) developing policy recommendations to the Regional Council on administration, human resources, budgets, finance, operations,
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communications, or any other matter specifically referred by the Regional Council; and (2) negotiating and approving an Annual Work Plan with the Executive Director, which shall be subject to ratification by the Regional Council.
The Executive Director’s Annual Work Plan shall be effective the first day of July of the calendar year. The EAC shall be responsible for performing the annual evaluation of the Executive Director’s performance and for making recommendations to the Regional Council regarding the Employment Agreement of the Executive Director. The EAC shall complete its annual evaluation of the Executive Director’s performance no later than the regularly scheduled June meeting of the Regional Council.
(c) The powers and duties of the EAC shall include such other duties as the Regional Council may delegate.
(4) Voting: A quorum shall be one‐third (1/3) of the representatives of the voting‐eligible Regional Council members who are appointed and serving on the EAC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of the majority of the representatives of the voting‐eligible Regional Council members who are appointed and serving on the EAC and voting with a quorum in attendance is required for an action by the EAC except that an affirmative vote of a majority of all of the representatives of the voting‐eligible Regional Council members serving on the EAC when the EAC acting on behalf of the Regional Council is required to make decisions or take actions that are binding upon the Association with regard to the annual budget; the hiring, removal, compensation and benefits of the Executive Director; and the salary classification levels for employees of the Association.
D. Legislative/Communications and Membership Committee
(1) Membership: Representatives of voting‐eligible Regional Council members serving on the Regional Council may serve on the Legislative/Communications and Membership Committee (LCMC). Appointments to the LCMC shall be made by the President for approximate one (1) year terms that expire at the adjournment of the next regular meeting of the General Assembly. The President shall appoint the chair and vice chair of the LCMC. All representatives appointed to the LCMC by the President shall have full voting rights.
(2) Meetings: The LCMC shall generally meet once a month and in accordance with the Regional Council Policy Manual, except that the LCMC may decide not to meet upon the call of the LCMC chair after consultation with the Executive Director or his designee.
(3) Duties:
(a) The Legislative, Communications and Membership Committee shall be responsible for developing recommendations to the Regional Council regarding legislative and telecommunications matters; providing policy direction for the
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agency’s marketing communications strategy, outreach issues/materials and electronic communications systems; reviewing sponsorship opportunities whose cost will exceed $5,000; and promoting agency membership.
(b) The duties of the LCMC shall include other such duties as the Regional Council may delegate.
(4) Quorum and Voting: A quorum of the LCMC shall be one‐third (1/3) of the
representatives of voting‐eligible Regional Council members serving on the LCMC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of a majority of the voting‐eligible Regional Council members serving on the LCMC and voting with a quorum in attendance is required for an action by the LCMC.
E. Policy Committees
(1) Membership:
(a) The Policy Committees may include as voting committee members the following: representatives of voting‐eligible Regional Council members serving on the Regional Council; one (1) representative from the California Department of Transportation; local government elected representatives from each of the general purpose subregional organizations as established under Article V(A)(1)(a)(5) of these Bylaws; and one (1) representative who is a general purpose local elected official and duly appointed board member from an agency with which the Association has a statutory or Memorandum of Understanding relationship.
(b) The Policy Committees may include ex‐officio (non‐voting) committee members who shall be representatives from regional and subregional single purpose public agencies and other voting and ex‐offico (non‐voting) committee members as approved by the Regional Council.
(c) Representatives of the CTCs, the Tribal Government Regional Planning Board, TCA and the Air Districts serving on the Regional Council as well as the Public Transportation Representative on the Regional Council may be appointed as voting committee members of one of the Policy Committees.
(d) All committee members (voting and ex‐officio) of SCAG’s Policy Committees shall be required to file Statement of Economic Interests forms and comply with all SCAG policies regarding conflict‐of‐interest, harassment, discrimination and other matters as described in the Regional Council Policy Manual.
(2) Appointments to Policy Committee:
(a) The President shall appoint all interested and available representatives of
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voting‐eligible Regional Council members who serve on the Regional Council to one (1) of the Policy Committees as voting committee members for approximate two (2) year terms that will expire at the adjournment of the second regular meeting of the General Assembly following the appointment. In making such appointments, the President shall, to the extent practicable, appoint an equal number of voting committee members to each Policy Committee taking into consideration regional representation, geographical balance, diversity of views and other factors deemed appropriate by the President.
(b) The President may appoint to one (1) of the Policy Committees as voting committee members representatives of public agencies that have a statutory or Memorandum of Understanding relationship with SCAG. The representatives shall be appointed for approximate two (2) year terms that will expire at the adjournment of the second regular meeting of the General Assembly following each appointment. All such appointments will be in response to a written request from each of the governing boards of the agencies. Appointments shall be limited to one (1) representative from each public agency. In making such appointments, the President shall consider regional representation.
(c) The President shall appoint ex‐officio (non‐voting) committee members to the Policy Committees representing the business sector, labor, higher education and community groups upon the recommendation of one of the respective Policy Committees and approval by the Regional Council. The term of each such ex‐officio committee member shall expire at the adjournment of the next regular meeting of the General Assembly, however, each such ex‐officio committee member may be re‐appointed by a future SCAG President.
(d) The President may appoint to one (1) Policy Committee as a voting committee member one (1) elected representative from each of the subregional organizations described in Article V E.(1)(a) of these Bylaws. Each such appointment shall be for an approximate two (2) year term that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointment.
(e) The President may appoint to the Policy Committees as voting committee members additional local government elected representatives from each of the subregional organizations identified in Article V E.(1)(a) of these Bylaws that has at least four (4) Districts. One (1) additional local government elected representative for each District in excess of three (3) Districts may be appointed by the President. The governing boards of each of the subregional organizations shall nominate the additional representatives to be considered by the President for appointment. In making the appointments, the President shall consider, among other things, regional representation. Each such appointment shall be for an approximate two (2) year term that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointment.
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(f) In addition to the appointment of the representative of the Tribal Government Regional Planning Board, the President may also appoint, with the consent of the Tribal Government Regional Planning Board, additional representatives to each Policy Committee such that the Tribal Government Regional Planning Board may have two (2) voting committee members on each Policy Committee.
Such representative shall be locally elected Tribal Council members from the federally recognized Indian Nations within the SCAG Region. Each of these additional appointments shall be for approximate two (2) year terms that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointments.
(g) In order to facilitate participation by member cities of the Association, the President may make at‐large appointments of local elected officials from cities that are not otherwise represented on a Policy Committee; provided, however, that the President shall only make such at‐large
appointments in response to
written requests from such cities and may make no more than six at‐large appointments for each Policy Committee. The term of an at‐large representative on a Policy Committee shall be limited to the remainder of the term of the President except that the local elected official may continue to serve on the Policy Committee if its respective city council approve his or her re‐appointment and the next SCAG President authorizes the re‐appointment. Local elected officials serving in an at‐large capacity on a Policy Committee shall be voting committee members.
(h) To implement and advance the Association’s commitment to justice, equity, diversity and inclusion, and to increase the representation of people of color and low‐income communities in regional policy conversations, the seven (7) County representatives (i.e., Supervisors) to the Regional Council may each appoint one (1) local elected official, from a voting‐eligible Member of the Association that has a Community of Concern (as defined below) located within the Member’s boundaries, to serve on a Policy Committee. A County representative to the Regional Council making such an appointment shall notify SCAG staff of the appointment in writing. Within ten (10) business days of a County representative’s notice making such an appointment, the President shall place the appointed local elected official on one of the Policy Committees. A local elected official appointed pursuant to this provision shall serve for a term of approximately two (2) years, commencing on the date the local elected official is placed on a Policy Committee by the President and expiring at the adjournment of the second regular meeting of the General Assembly following date the person is placed on the Policy Committee. Appointments to Policy Committees pursuant to this provision shall be limited to one (1) representative from each County except that Los Angeles County shall be permitted to have two representatives (one for each County representative to the Regional Council). As used in this Article V.E(2)(h), the term “Community of Concern” shall have the meaning given in SCAG’s most recently adopted Regional
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Transportation Plan/Sustainable Communities Strategy.
(3) Meetings: The Policy Committees shall generally meet at least once a month and in accordance with the Regional Council Policy Manual, except that the Policy Committees may decide not to meet upon the call of the respective Policy Committee Chair after consultation with the Executive Director or his designee.
(4) Quorum and Voting: A quorum of a Policy Committee shall be one‐third of the voting committee members. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of the majority of the voting committee members of a Policy Committee voting with a quorum in attendance is required for an action by a Policy Committee.
(5) Duties of the Transportation Committee (TC): The Transportation Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters, which pertain to the regional issues of mobility and accessibility, including, but not limited to all modes of surface transportation, transportation system preservation and system management, regional aviation, regional goods movement, transportation finance as well as transportation control measures.
(6) Duties of the Energy and Environment Committee (EEC): The Energy and Environment Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters, which pertain to the regional issues of energy and the environment. EEC shall also be responsible for reviewing and providing policy recommendations to the Regional Council on matters pertaining to environmental compliance.
(7) Duties of the Community, Economic and Human Development Committee (CEHD): The Community, Economic and Human Development Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters which pertain to the regional issues of community, economic and human development, housing and growth. CEHD shall also receive information regarding projects, plans and programs of regional significance for determinations of consistency and conformity with applicable regional plans.
F. Joint Policy Committee Meetings: The duties of the Policy Committees are specified in subsections (5), (6) and (7) above. To the extent that there are matters which are within the scope of review of more than one Policy Committee, the respective Policy Committees shall meet as a Joint Committee to consider the matters and provide unified policy recommendations to the Regional Council, if applicable. At the discretion of the President, the President or the chair of one of the Policy Committees shall preside over a Joint Policy Committee meeting. A quorum of a Joint Policy Committee meeting shall be one‐third of the combined voting membership of the Policy Committees. There shall be no proxy votes and a voting member must be present to vote. The affirmative vote of a majority of the combined voting members of the Policy Committees voting with a quorum of the Joint Policy Committee in attendance is required for an
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action by the Joint Policy Committee.
G. Other Committees: Except as may be limited or restricted elsewhere is these Bylaws, the President is authorized to appoint representatives of Regional Council members serving on 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 and also to appoint new members or re‐appoint prior members to any SCAG committee, ad hoc committee, subcommittee or task force. The President is also authorized to appoint representatives of Regional Council members serving on the Regional Council to governing boards of other agencies, districts, commissions, and authorities as representatives of the Association. If no such representatives 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 serving on the Regional Council shall serve as ex‐officio representatives to the Regional Council without the right to vote. Terms of appointment of representatives serving on the Regional Council 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.
H. Emerging Technologies Committee: Serving as a permanent advisory committee to the Regional Council and the Policy Committees, the Emerging Technologies Committee (ETC) will research and identity new and emerging technologies that may play a role in all beneficial areas throughout the region, including transportation planning and improving the region’s transportation system. Members serving on the Regional Council and Policy Committees may serve on the ETC. In addition, ex‐officio, non‐voting members to the ETC may be appointed by the President. Appointments to the ETC shall be made by the President for approximate one (1) year terms that expire at the adjournment of the next regular meeting of the General Assembly. The President shall appoint the chair and vice chair of the ETC. All representatives appointed to the ETC by the President shall have full voting rights.
(1) Meetings: The ETC shall meet as frequently as needed upon the call of the ETC chair after consultation with the Executive Director or his designee.
(2) Quorum and Voting: A quorum of the ETC shall be one‐third (1/3) of the members serving on the ETC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of a majority of the voting‐eligible members serving on the ETC and voting with a quorum in attendance is required for an action by the ETC.
ARTICLE VI – OFFICERS, DUTIES, ELECTIONS AND VACANCIES
A. Officer Positions: Officers of the Association shall consist of a President, a First Vice‐ President, Second Vice‐President, Immediate Past President and a Secretary‐Treasurer. The Association’s President, First Vice‐President, and Second Vice‐President shall be elected annually by the Regional Council, prior to the annual regular meeting of the General Assembly, from among its membership as set forth below. The Executive Director of the Association shall serve as the Secretary‐Treasurer of the Association, but shall have no vote in the Association.
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B. Nominating Committee and Candidate Replacements: Officers of the Association, except the Secretary‐Treasurer, shall be elected from a recommended list of candidates, one for each office, which shall be prepared by a Nominating Committee and submitted to the Regional Council for review and action. The Nominating Committee shall be appointed by the President and shall be composed of seven (7) representatives of Regional Council members who collectively represent the six (6) counties within the SCAG Region, with at least one (1) member being a county representative. All individuals serving on the Nominating Committee shall be voting members. Individuals serving on the Nominating Committee shall serve from the date of their appointment until the adjournment of the next regular meeting of the General Assembly.
The Immediate Past President shall serve as the chair of the Nominating Committee. The Nominating Committee shall consider only those candidates that meet the minimum eligibility requirements set forth below in Article VI C of these Bylaws and any other requirements that may be established by the Regional Council. A quorum of the Nominating Committee shall be a majority of its membership. Proxy voting is not allowed and members must be present to vote.
The affirmative votes of a majority of those Nominating Committee members voting with a quorum in attendance shall be required for any action by the Nominating Committee.
In the event that prior to the annual meeting of the General Assembly, a candidate for President or First Vice‐President who has been approved by the Nominating Committee or elected by the Regional Council but not yet ratified by the General Assembly no longer satisfies the minimum eligibility requirements of Article V C., the candidate for First Vice‐ President shall be deemed the candidate for President and the candidate for Second Vice‐ President shall be deemed the candidate for First Vice‐President, provided that the applicable candidates are agreeable to the change.
In the event that prior to the annual General Assembly meeting, a candidate for Second Vice‐ President who has been approved by the Nominating Committee or elected by Regional Council, but not yet ratified by the General Assembly no longer satisfies the minimum eligibility requirements of Article
V C. or if other candidate vacancies exist for any reason after the approval(s) by the Nominating Committee or the election(s) by the Regional Council, the Regional Council shall fill the vacant candidate position(s) with individual or individuals who meet the minimum eligibility requirements of Article V C. The Nominating Committee may also meet to review the list of candidates and make a recommendation to the Regional Council regarding the new candidate for Second Vice‐President or for any other vacant candidate positions if there is sufficient time before the annual meeting of the General Assembly in which to schedule both a meeting of the Nominating Committee and the Regional Council.
C. Minimum Eligibility Requirements: The following minimum eligibility requirements must be met in order for an individual to be considered by the Nominating Committee as a candidate for an officer position in the Association.
(1) At the time of the application, the potential candidate must be a Regional Council member who is a representative of a voting‐eligible Member of the Association, the TCA representative, the Tribal Government Regional Planning Board representative, the Air District representative or the Public Transportation Representative and who has served
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on a Policy Committee and/or the Regional Council (in any combination, except as provided in this subsection) for at least 24 continuous months from when first appointed to the Policy Committee and/or Regional Council or from when elected to serve on the Regional Council through a District election; provided, however, that at least 12 months of the potential candidate’s service must be as a Regional Council member. A potential candidate’s concurrent service as a member of both a Policy Committee and the Regional Council shall count only once towards satisfying the 24‐ month eligibility requirement.
(2) The potential candidate must be actively involved with SCAG.
(3) The potential candidate must be a local elected official from a SCAG member county, city, TCA, Air District or CTC, the Public Transportation Representative, or a locally elected Tribal Council member from a federally recognized Indian Nation.
(4) Term limits will not prevent the potential candidate from serving a full term in the respective officer position.
(5) A completed nomination application must be submitted to the Association by the appropriate deadline by either the potential candidate or a colleague on the Regional Council.
D. Election by Regional Council and Ratification by General Assembly: The names of the candidates for each officer position recommended by the Nominating Committee shall be submitted to the Regional Council for consideration and action at least one (1) month prior to the annual meeting of the General Assembly. The Nominating Committee shall recommend one candidate to the Regional Council for each officer position (except Secretary‐Treasurer). If the Nominating Committee cannot agree on one candidate to recommend to the Regional Council for an officer position, all candidates for that officer position who satisfied the minimum eligibility requirements identified in Article V C. shall be presented to the Regional Council. The Regional Council may also consider and elect for any officer position individuals who are nominated directly at a Regional Council meeting as part of the election process. New Officers shall take office after the ratification of the General Assembly and upon the adjournment of the General Assembly meeting.
E. Officer Position Vacancies: A vacancy shall immediately occur in the office of the President, First Vice‐ President, Second Vice‐President or Immediate Past President upon the resignation or death of the person holding such office, or upon the person holding such office ceasing to be a local elected official or if required by federal or state statutes or regulations, or if the appointment as a representative of a Member of the Association, the TCA, the Air Districts, Tribal Government Regional Planning Board or as the Public Transportation Representative of the person holding the office is rescinded by the legislative body(ies) responsible for the appointment or in response to a no confidence vote by a District undertaken in accordance with the District Representative Election Procedures in the Regional Council Policy Manual. Such a no confidence vote shall only be undertaken in response to a resolution passed by all cities in the District that are voting eligible members of the Association. Upon the occurrence of a vacancy in the office of President, First Vice‐
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President, or Second Vice‐ President, the 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 may 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 Article VI, Section B. In the event of such a Special Election the name of a nominee shall be submitted by the Nominating Committee to the Regional Council for action. If elected, the new Second Vice‐President shall take office upon adjournment of that meeting of the Regional Council that included the Special Election.
Upon the occurrence of a vacancy in the position of the Immediate Past President, the next most immediate and available Past President of SCAG still serving as representative to the Regional Council shall fill the position and serve for the balance of the unexpired term.
F. Representatives to Regional Council Eligible for Officer Positions: All representatives to the Regional Council from Members of the Association including the CTCs and the representatives of the Tribal Government Regional Planning Board, TCA and the Air Districts serving on the Regional Council as well as the Public Transportation Representative are eligible to be elected by the Regional Council as Officers of the Association.
G. Presiding Officer: The President of the Association shall be the presiding officer of the Regional Council and of the General Assembly. The First Vice‐President shall act as the presiding officer in his/her absence. The Second Vice‐President, followed by the Immediate Past President, shall act as the presiding officer in the absence of both of the above officers.
H. Duties of Secretary‐Treasurer: 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 as follows.
A. Affairs of the Association: Subject to the authority of the General Assembly and the Regional Council, to administer the affairs of the Association including, but not limited to, oversight and approval of the Personnel Rules, Procurement Manual and Accounting Manual of the Association.
B. Employees: Consistent with all applicable personnel policies, procedures and salary classifications, to appoint, direct, discipline, remove and set the compensation and benefits of all other employees of the Association.
C. Budget: Annually to prepare and present a proposed Association budget and Overall Work Plan budget to the Regional Council and to control the approved budgets.
D. Secretary‐Treasurer: To serve as Secretary‐Treasurer of the Association.
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E. Meetings: To attend the meetings of the General Assembly, the Regional Council and the EAC.
F. Other Duties: To perform such other duties as the General Assembly or the Regional Council or the Regional Council Policy Manual may require.
G. Metropolitan Planning Organization: To ensure compliance with the Association’s responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq., and as may be amended from time to time.
ARTICLE VIII ‐ FINANCES
A. Fiscal Year: The fiscal year of the Association shall commence on July 1.
B. Budget Submission and Adoption: The Association budget shall be submitted by the Executive Director to the Regional Council. The Regional Council shall adopt an Association budget at least 30 days prior the Annual Meeting. The Association budget and assessment schedule shall be adopted by the General Assembly at the Annual Meeting. Notwithstanding any provision of the agreement establishing the Association, any member that cannot pay its assessment therefore because of any applicable law or charter provision, or other lack of ability to appropriate or pay the same, may add such assessment to its assessment for the next full fiscal year. The budget for each year shall provide the necessary funds with which to obtain and maintain the requisite liability and worker’s compensation insurance to fully protect each of the signatory parties hereto, and such insurance shall be so obtained and maintained.
C. Annual Membership Dues Assessment: Each year, upon adoption of the Association budget, the General Assembly shall fix an annual membership dues assessment for all Members of the Association, Advisory Members of the Association and Regional Council members in amounts sufficient to provide the funds required by the Association budget and shall advise the legislative body of each Member, Advisory Member or Regional Council member thereof on or before the first regularly scheduled Regional Council meeting within thirty (30) days of the date of the General Assembly regular meeting of such year. Absent any other decision regarding membership dues assessments by the General Assembly, the annual membership dues assessment will be adjusted by the most recent year over year change in the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside – Orange County, California area, with a minimum of one per cent (1%) and using as a base for the assessment calculation the amount assessed in the previous assessment year. The annual membership dues assessment shall be determined in accordance with the formula set out in Article VIII D. of these Bylaws.
If a Member of
the Association or an Advisory Member of the Association or a Regional Council member is unable to pay its annual membership dues assessment for any of the reasons cited in Article VIII B. of these Bylaws and if a Member (but not an Advisory Member or Regional Council member) is unable or unwilling to add its dues assessment to its assessment for the next full fiscal year, the Regional Council, for not more than one (1) year at a time, may defer, waive, or reduce payment of the annual membership dues assessment for a Member, an Advisory Member or a Regional Council member. Similarly, the Executive Director may authorize reduced payment of the annual membership dues assessment for a Member, an Advisory Member or a Regional Council
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member by no more than ten (10%) for not more than one (1) year at a time based upon documented financial hardship. In taking any of the actions above, the Regional Council shall adjust the Association budget to provide a balanced Association budget reflecting any of the above actions.
Any action of the Regional Council deferring, waiving, or reducing the payment of the annual dues shall be reported at the following General Assembly meeting. In addition, if the Regional Council waives the annual membership dues assessment for a Member of the Association, or an Advisory Member of the Association or a Regional Council member, the Regional Council shall consider, at the same time and decide, on a case‐by‐case basis, whether the Official Representative of the Member or Advisory Member shall have the right to vote at the General Assembly and whether the representative of the Member, Advisory Member or Regional Council member can continue to vote on the Regional Council or any committee or subcommittee of the Association, serve in a leadership position, receive a stipend or have any other membership rights or privileges restricted during the period when the annual dues have been waived.
If the Regional Council decides to waive the annual membership dues assessment for a Member of the Association and also decides to suspend the voting rights of the Member for the period when the dues assessment is waived and if the representative of the Member serving on the Regional Council represents a multi‐city District, the position of District representative shall be vacated by the action of the Regional Council and the vacancy shall be filled through a special election in accordance with the procedures set forth in the Regional Council Policy Manual.
Any Member of the Association, Advisory Member of the Association or Regional Council member that fails to pay its annual membership dues assessment, or, in the case of a Member, fails to announce its intention to add its assessment to the assessment for the next fiscal year or fails to seek a deferral or waiver or reduction of its assessment by January 1 of the July 1 – June 30 fiscal year shall be considered to have withdrawn from the Association and will cease to be a Member, Advisory Member or Regional Council member effective January 1. The Executive Director or his designee shall endeavor to provide written notices of annual membership dues assessment delinquencies in December of each fiscal year.
D. Methods of Assessment:
Member Cities and Counties and Tribal Governments: Each member county and each member city, based on its total population, shall pay, as part of its total annual assessment, the following fixed basic assessment:
COUNTIES CITIES
Total Population Base Population Base
Up to 249,999
3,500
Up to 9,999
$ 100
250,000 – 1,099,999 10,000 10,000 – 24,999 250
1,100,000 – 1,999,999 15,000 25,000 – 99,999 500
2,000,000 – 3,999,999 25,000 100,000 – 499,000 750
4,000,000 up 35,000 500,000 –999,999 1,000
1,000,000 up 1,250
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For purposes of the annual assessment each federally recognized Indian Nation in the SCAG Region that becomes an Advisory Member of the Association shall be treated as a member city.
The remainder of the total annual dues 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, or based upon population data from the State Department of Finance in the event that the State Controller data is not available. For a member city newly incorporated pursuant to California Government Code Section 57176, the total annual assessment for the first five (5) years following incorporation shall be based upon such city’s actual population as defined under California Revenue and Taxation Code Section 11005.3(d).
If any county or city was not a Member of the Association 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 Article VIII, 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.
CTCs: Each CTC shall pay a fixed annual 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
TCA, the Air Districts and the Public Transportation Representative: TCA shall pay an annual assessment of $10,000. The annual assessment for a representative from the Air Districts on the Regional Council shall be $10,000 to be paid in a manner agreed upon by the five (5) Air Districts within the SCAG Region. There is no required assessment for the Public Transportation Representative on the Regional Council.
E. Annual Audit: The Regional Council shall cause an annual external 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 Regional Council
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shall also establish an Audit Committee to provide oversight of the annual external audit. The members of Audit Committee shall be comprised of members of the Regional Council and serve for one (1) year terms. The First Vice‐President shall be a member of the Audit Committee and the Second Vice‐President shall serve as the chair of the Audit Committee for one (1) year. The audit report shall be made to Association member cities and counties.
F. 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 solely by reason of such entities being parties to an agreement as defined in Section 895 of said code, the Members of the Association hereto as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said code. To achieve the above stated purpose each Member of the Association indemnifies and holds harmless any other Member of the Association for any loss, cost or expense that may be imposed upon such other Member of the Association solely by virtue of said Section 895.2. The rules set forth in Civil Code Section 2778 are hereby made a part of these Bylaws.
G. Debts, Liabilities and Obligations of the Association: Notwithstanding the provisions of Section 7 of said Joint Powers Agreement by which this Association is formed, no contract, employment, debt, liability or obligation of the Association shall be binding upon or obligate any Member of this Association without the express written request or consent of such Member and only to the extent so requested or consented to; nor shall the Association have the authority or the power to bind any member by contract, employment, debt, liability, or obligation made or incurred by it without the written request or consent of such Member, and then only to such extent as so requested or consented to in writing.
H. Depositaries and Investments: In addition to the depositary and the disbursing officer as specified in Section 7 of the Joint Powers Agreement, the Regional Council may authorize additional depositaries and those authorized to disburse the Association’s funds, and may specify the terms and conditions pertaining thereto.
ARTICLE IX – STATUTORY AUTHORITY
The Southern California Association of Governments shall be an agency established by a joint powers agreement among the members pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California and shall have the powers vested in the Association by State or Federal law, the Joint Powers Agreement, or these Bylaws. The Association shall not have the power of eminent domain, or the power to levy taxes.
ARTICLE X – VOLUNTARY WITHDRAWAL
Any Member of the Association, Advisory Member of the Association or Regional Council member may, at any time, withdraw from the Association providing, however, that the intent to withdraw must be stated in the form of a resolution enacted by the legislative body of the agency wishing to
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withdraw. Such resolution of intent to withdraw from the Association must be given to the Association by the withdrawing agency at least 30 days prior to the effective date of withdrawal. The withdrawing agency shall not be entitled to a refund of the annual assessment paid to the Association.
ARTICLE XI – BYLAWS AND RESOLUTIONS COMMITTEE AND AMENDMENTS
The Bylaws and any amendments thereto are subject to the approval of the General Assembly.
Amendments to these Bylaws may be proposed by an Official Representative, the Executive Director, the Bylaws and Resolutions Committee and the Regional Council.
If proposed by an Official Representative, the amendment shall be submitted to the Association by a deadline established by the Association that is subject to waiver by the SCAG President or Executive Director but which in all cases must be at least forty‐five (45) days prior to the regular meeting of the General Assembly for assignment and consideration by the Bylaws and Resolutions Committee.
The Bylaws and Resolutions Committee shall be appointed by the President and composed of twelve (12) representatives of Members of the Association serving on the Regional Council, with at least one (1) representative from each county in the SCAG Region and with at least two (2) representatives being county representatives. The representatives serving on the Bylaws and Resolutions Committee shall have terms that commence on the date of their appointment and extend to the adjournment of the next regular meeting of the General Assembly. A quorum of the Bylaws and Resolutions Committee shall be a majority of its membership. Proxy voting is not allowed and members must be present to vote. The affirmative votes of a majority of those Bylaws and Resolutions Committee members voting shall be required for any action by the Bylaws and Resolutions Committee. The Second Vice‐President shall serve as the chair of the Bylaws and Resolutions Committee.
Except for amendments proposed by the Regional Council, all proposed amendments to the Bylaws shall be considered by the Bylaws and Resolutions Committee, and thereafter, by the Regional Council: except, however, amendments proposed by the Executive Director or his designee that are not recommended by the Bylaws
and Resolutions Committee shall not be sent to the Regional Council. All amendments proposed by an Official Representative, and all amendments proposed by the Bylaws and Resolution Committee or the Executive Director or his designee that are recommended by the Regional Council along with amendments proposed by the Regional Council, shall be forwarded to the Official Representative of each General Assembly member at least twenty‐ one (21) days prior to the regular meeting of the General Assembly at which such proposed amendments will be voted upon.
An affirmative vote of a majority of the Official Representatives or Alternates of the General Assembly
voting‐eligible Members of the Association present and voting with a quorum in attendance is required to adopt an amendment to these Bylaws. If, within sixty (60) days after the adoption of any amendment, one‐third (1/3) or more of the Official Representatives protest such amendment by filing a written protest with the Executive Director, the adoption of such amendment shall be suspended until the next meeting of the General Assembly when the amendment shall again be taken up for consideration and vote.
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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 establishing the Association.
ARTICLE XIII – HIRING PROHIBITION
No individual who is or was an Official Representative or Alternate on SCAG’s General Assembly or is or was a representative of a Member of the Association or of an Advisory Member of the Association or of a Regional Council member serving on the Regional Council or is or was a member of any of SCAG’s Policy Committees shall be eligible for compensated employment with SCAG for a period of one (1) year after the individual’s last day of service in any of the SCAG positions described in this Article.
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Bylaws adopted by the Joint County‐City SCAG Committee:
March 27, 1964
Bylaws amended by the SCAG General Assembly:
February 24, 1966
November 4, 1966
February 24, 1967
February 18, 1970
September 24, 1970
February 16, 1973
September 12, 1974
February 27, 1975
March 8, 1977
October 6, 1977
March 3, 1978
October 6, 1978
March 16, 1979
October 2, 1980
April 29, 1982
April 26, 1984
January 29, 1987
March 21, 1989
March 22, 1990
April 21, 1991
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February 27, 1992
March 12, 1993
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
May 4, 2004
May 5, 2005
May 4, 2006
May 3, 2007
May 8, 2008
May 7, 2009
May 6, 2010
May 5, 2011
April 5, 2012
June 7, 2012
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May 2, 2013
May 1, 2014
May 7, 2015
May 5, 2016
May 4, 2017
May 3, 2018
May 2, 2019
May 6, 2021
May 5, 2022
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MAIN OFFICE
900 Wilshire Blvd., Ste. 1700,
Los Angeles, CA 90017
T: (213) 236-1800
IMPERIAL COUNTY REGIONAL OFFICE
1503 North Imperial Ave., Ste. 104
El Centro, CA 92243
T: (213) 236-1967
ORANGE COUNTY REGIONAL OFFICE
OCTA Building
600 South Main St., Ste. 741
Orange, CA 92868
T: (213) 236-1997
RIVERSIDE COUNTY REGIONAL OFFICE
3403 10th St., Ste. 805
Riverside, CA 92501
T: (951) 784-1513
SAN BERNARDINO COUNTY REGIONAL OFFICE
Santa Fe Depot
1170 West 3rd St., Ste. 140
San Bernardino, CA 92418
T: (213) 236-1925
VENTURA COUNTY REGIONAL OFFICE
4001 Mission Oaks Blvd., Ste. L
Ventura, CA 93012
T: (213) 236-1960
scag.ca.gov
Please recycle AJ2 Reports 2022.03.29
Packet Page. 396
RC Approved June 9, 2019
As Amended Through
September 5, 2024
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Regional Council
Policy Manual
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Table of Contents
Introduction 1
Article I
Code of Conduct
3 Article II
Complaints Alleging Violations of the Code of Conduct
7 Article III
Conflict of Interest
8 Article IV
Composition, Attendance and Policies for the Regional Council, Policy Committees and other SCAG Subcommittees and Task Forces
12 Article V
District Representative Appointments, Election Procedures and No Confidence Votes
15 Article VI
The Ralph M. Brown Act: Requirements and SCAG Policies
19 Article VII
Rules of Procedure for the Conduct of Meetings
24 Article VIII
Stipends and Expense Reimbursements
32 Article IX
Approval and Reporting Thresholds and Delegation of Approval Authority
38 Article X
California Public Records Act
40 Appendices:
A. SCAG District Representative Election Procedures 42
B. Summary of SCAG’s Rules of Order 45
C. Rosenberg’s Rules of Order 47
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RC Approved 06/09/19, as amended through 09/05/24 Page 1
INTRODUCTION
Although the Regional Council Policy Manual has been updated several times, this Amended and Restated Policy Manual (herein “Policy Manual”) is the first comprehensive update since the Policy Manual was adopted in 2007. The original version of the Policy Manual incorporated various policies that had been previously adopted by the Regional Council over the years. This update reformats the existing policies and addresses new topics (e.g. the Public Records Act), eliminates topics that are no longer relevant (e.g. Lapsing Fund Policy) and allows certain materials to become stand‐alone documents (e.g. SCAG’s Strategic Plan). This updated Policy Manual is intended to be a helpful tool for the Regional Council in its efforts to guide the SCAG organization in finding solutions for issues facing the Southern California region.
After adoption by the Regional Council, the Policy Manual will be reviewed and updated on an annual basis concurrent with the annual process that is undertaken for SCAG’s Bylaws. Unlike the Bylaws, approval of changes to the Policy Manual will be by the Regional Council and not the General Assembly.
Over the course of every year, the Regional Council may take actions to modify, eliminate or create policies that relate to the materials contained in the Policy Manual. To the extent necessary and to avoid confusion or misinterpretation, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect such actions by the Regional Council in advance of the Regional Council’s annual review and approval of any needed updates. Similarly, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect changes in federal or state laws or regulations.
This Policy Manual is intended to supplement SCAG’s Bylaws. In the event of inconsistencies between the Bylaws and the Policy Manual, the Bylaws shall prevail.
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RC Approved 06/09/19, as amended through 09/05/24 Page 2 SCAG Vision
Southern California’s Catalyst for a Brighter Future.
SCAG Mission
To foster innovative regional solutions that improve the lives of Southern Californians through inclusive collaboration, visionary planning, regional advocacy, information sharing and promoting best practices.
SCAG Core Values
Be Open – Be accessible, candid, collaborative and transparent in the work we do. Lead by Example – Commit to integrity and equity in working to meet the diverse needs of all people and communities in our region.
Make an Impact – In all endeavors, effect positive and sustained outcomes that make our region thrive.
Be Courageous –Have confidence that taking deliberate, bold and purposeful risks can yield new and valuable benefits.
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RC Approved 06/09/19, as amended through 09/05/24 Page 3
ARTICLE I
CODE OF CONDUCT
This Code of Conduct establishes a set of expectations for all elected and appointed officials and representatives who serve in the SCAG organization as Officers, Official Representatives and Alternates to the General Assembly, representatives of Regional Council Members, District Representatives, ex officio members of any SCAG body, and members of SCAG committees and task forces (collectively, “SCAG Representatives”). This Code of Conduct embodies the Core Values of SCAG that are identified in the Introduction to this Policy M anual. All SCAG Representatives are expected to review, understand and comply with all aspects of this Code of Conduct and to avoid any activities that would negatively affect SCAG or SCAG’s reputation. This Code of Conduct expands upon and is not intended to supersede or contradict any federal, state or local laws or regulations that address any of the matters addressed in this Article I.
A. Non‐Discrimination – SCAG is committed to respecting individual differences and expects all
SCAG Representatives to conduct themselves in a professional manner and to treat others with respect and dignity. SCAG will not tolerate discrimination and will treat all individuals fairly without regard to race, color, religious creed, political belief, age, national origin, gender, ancestry, physical disability, mental disability, medical condition, marital status, sexual orientation, or any other basis protected by law.
B. Anti‐Harassment – SCAG is committed to providing an environment in which all individuals
who work for, provide services to, or participate in the activities of SCAG are free of any type of harassment (i.e. verbal, physical, visual, written or environmental) especially that based on or associated with race, color, religious creed, political belief, national origin, gender, national origin, ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation or any legally protected characteristics. Verbal harassment includes, but is not limited to, inappropriate or offensive remarks, slurs, and jokes; inappropriate comments regarding physical appearance or attire; unwelcome flirting; demands for sexual favors; verbal abuse, threats; bullying; and patronizing or ridiculing remarks. Physical harassment includes, but i s not limited to, inappropriate touching, assault, hazing, physical interference with free movement, leering,
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RC Approved 06/09/19, as amended through 09/05/24 Page 4 grabbing, and sexual gestures. Visual or written harassment includes, but is not limited to, the display or circulation of offensive materials, posters, or reading materials, and the transmission of offensive electronic messages or computer graphics. Environmental harassment includes, but is not limited to, creating or contributing to a work or business environment that is permeated with sexually‐orientated or discriminatory talk, innuendo, insults or abuse.
C. Prohibition against Retaliation – Retaliation against any individual because of his/her opposition to actions that are contrary this Code of Conduct and especially to the Non Discrimination and/or Anti‐Harassment policies of SCAG or because of the filing of a complaint, provision of testimony or participation in a hearing or proceeding in con nection with SCAG’s Non Discrimination and Anti‐Harassment policies is strictly prohibited.
D. Limited Prohibition against Weapons – SCAG Representatives shall not bring, carry, store or
use any type of weapon on SCAG property or in a SCAG rented vehicle or in a personal vehicle while on SCAG business unless in compliance with all applicable laws and applicable SCAG notifications.
E. Workplace Violence – Any SCAG Representative who makes threats, exhibits threatening
behavior or engages in violent acts at on SCAG property or at a venue hosting a SCAG event shall be removed from the SCAG property or venue immediately and shall remain off of the SCAG property or venue pending the outcome of a proper investigation and evaluation by SCAG.
F. Employment Matters – SCAG Representatives shall not provide employment references on
behalf of SCAG for former SCAG employees. Personal references are acceptable if provided without any implication of SCAG endorsement and without the use of SCAG resources. Further, SCAG Representatives shall not initiate employment recruitment, or participate in SCAG hiring activities or decisions for any position (compensated or uncompensated ), unless such action is specifically requested and approved by SCAG’s Executive Director or Human Resources Manager.
G. Relatives of Elected Officials –To avoid concerns regarding conflicts–of‐interest and nepotism
while still allowing SCAG to attract and hire talented individuals who are also family members of elected officials the following special hiring procedures for uncompensated and compensated positions will apply for any son, daughter, stepchild, parent, sibling, grandchild, first cousin, (including spouse/domestic partner of any of these identified relatives) or spouse/domestic partner
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RC Approved 06/09/19, as amended through 09/05/24 Page 5 of any SCAG Representative. The hiring process of any of the previously identified individuals must:
(1) Conform to SGAG’s standard hiring practices without any external or internal non‐standard influence; (2) Include open disclosure and documentation of all relationships with elected officials during all phases of the hiring process; and (3) Avoid any hi ring actions that would result in a functional reporting relationship between the elected official and the prospective new hire (i.e. staff support to a committee chair) at the time of hiring. Failure to comply with the above requirements may result in emp loyment termination in accordance with the Personnel Rules of SCAG.
H. Avoiding Physical Impairment – While participating in any SCAG activity or travelling to or
from such activity, all SCAG Representatives shall not be under the influence of any alcohol or drugs to the extent that legal limits of alcohol or any drug are violated or to the extent that alcohol or a drug impairs the safety and effectiveness of any of their actions. Possible side effects and impairments associated with over‐the‐counter and prescription medications must also be considered in connection with any SCAG activity.
I. Compliance with Conflict‐of‐Interest Policies of SCAG – SCAG Representatives shall remain
cognizant of and comply with SCAG’s Conflict‐of‐Interest Policies and all related federal and state statutes and regulations.
J. Professionalism – SCAG Representatives are expected to maintain a professional and productive work environment at all times. SCAG is a public agency, using public funds and engaged in activities that are intended to benefit the public. The public nature of SCAG should be reflected in the conduct of all who represent SCAG.
K. SCAG Assets – All SCAG Representatives must use sound judgment in the care and use of
SCAG assets and in the expenditure of all funds controlled by SCAG. SCAG assets are obtained through the expenditure of public funds and are intended for the benefit of the public and should not be applied to personal matters.
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RC Approved 06/09/19, as amended through 09/05/24 Page 6 L. Confidentiality and Privacy Issues – SCAG Representatives may be provided with personal
information, financial information, legally protected information and other materials that must be treated with care. All such information must be properly safeguarded, disclosed to appropriate parties only when necessary and properly destroyed when no lon ger needed. Any uncertainties regarding the personal or confidential nature of any materials should be discussed with SCAG’s Manager of Human Resources or SCAG legal staff.
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ARTICLE II
COMPLAINTS ALLEGING VIOLATIONS OF THE CODE OF CONDUCT*
Complaints alleging violations of the Code of Conduct by any SCAG Representative shall be initially reviewed by the Executive Director or his/her designee, in consultation with SCAG’s legal counsel, who shall make an initial inquiry to determine whether an investigation is warranted. If an investigation is deemed warranted, any such investigation shall be performed by a neutral third‐party investigator selected by the Executive Director or his/her designee in consultation with SCAG’s legal counsel and conducted in compliance with applicable law (such as California’s Fair Employment and Housing Act, Government Code § 12900 et seq.). To the extent permitted by law and to ensure the integrity of an investigation, confidentiality and privacy will be considered during review and investigation of a complaint. The prior sentence does not preclude the results of an investigation from being shared with other persons such as the SCAG Representative being investigated and/or the complainant, as determined by the President or Executive Director in consultation with SCAG’s legal counsel. The results of an investigation shall be shared by the Executive Director or SCAG’s lega l counsel with the President (or if the President is alleged to have violated the Code of Conduct, then with the 1st Vice President or next officer who is not implicated), and together may determine what further action, if any, can or should be taken, incl uding as appropriate, further reporting to SCAG governing bodies for review or action.
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RC Approved 06/09/19, as amended through 09/05/24 Page 8
ARTICLE III
CONFLICT OF INTEREST
SCAG has adopted the conflict‐of‐interest policies described herein in order to provide a comprehensive and clear set of rules for all SCAG Representatives. These policies are further intended to ensure that all SCAG Representatives will be guided to act in the best interests of SCAG rather than by personal interests. All of these policies collectively incorporate and supplement existing state and federal conflict of interest laws and regulations.
A. Gift and Political Contribution Prohibitions and Limitations ‐ SCAG Representatives may
accept gifts and political contributions but only up to the limits established by state law and only without violation of any state or federal conflict‐of‐interest rules and regulations.
B. Political Activities – As provided in state or federal law, no restrictions shall be applied to the
political activities of SCAG Representatives except that the following activities are prohibited: (1) engaging in political activities at SCAG offices; (2) soliciting a political contribution from an employee of SCAG unless the solicitation is part of a general solicitation to a significant segment of the public; (3) promising or threatening any SCAG employee in connection with any personnel action including promotion, demotion, change in compensation, etc. in exchange for the vote or political action or inaction on behalf of any candidate or party.
C. SCAG Policy Statements ‐ All policy statements regarding SCAG originate from the General
Assembly or the Regional Council. No SCAG Representatives shall, in their official capacity, become involved in political matters or lobbying activities which are contrary to, or conflict with, stated SCAG policies or positions. Where a policy of SCAG is unclear or nonexistent, SCAG Representatives must use discretion and judgment in making statements to avoid misrepresenting or misstating current SCAG policies or positions.
D. Contract and Decision‐Making Prohibitions and Disqualifications
(1) In accordance with California Government Code Section 1090 et seq., SCAG Representatives
shall not participate in making any contract or type of agreement involving SCAG if they are financially interested in the contract or agreement. To “participate in making a contract” includes
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RC Approved 06/09/19, as amended through 09/05/24 Page 9 decisions to create, modify, extend or renegotiate a contract. Most importantly, if an individual is “financially interested” in a contract, Section 1090 prohibits the entire legislative body of which that individual is a member from taking action on a contract in which said individual has a financial interest. Thus if a representative of a Member of the Regional Council has a financial interest in a contract, the Regional Council cannot consider or take action on that contract and it is not possible for th e representative to simply disqualify himself from any vote. For this reason, if SCAG contracting staff or legal counsel determine that a representative of a Member of the Regional Council has a financial interest in a bid or proposal for a contract, such bid or proposal will be disqualified from consideration by SCAG. Determining financial interest questions can be complicated and guidance from SCAG legal counsel should be obtained if any concerns exist regarding the applicability of Government Code 1090 to a contract, proposal or bid. (2) In accordance with Title 49 of the Code of Federal Regulations, Section 18.36 SCAG
Representatives shall not participate in the selection, or award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. A real or apparent conflict‐of‐interest could arise not only in conn ection with SCAG Representatives themselves, but also if immediate family members are involved in a contract or because of the employment or potential employment of SCAG Representatives. The requirements of Section 18.36 are complicated and guidance from S CAG legal counsel should be obtained regarding the applicability of Section 18.36 to a contract supported by federal funds. (3) In accordance with California Government Code Section 87100 et seq., SCAG Representatives
shall not make, participate in making or attempt to use their official position to influence a decision affecting SCAG when a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise because of a personal financial interest in a decision affecting SCAG. A financial interest would exist if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on an individual or his/her immediate family. If any SCAG Representative has a financial interest in a decision affecting SCAG within the meaning of Section 87100, that individual should recuse himself or herself from making or
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RC Approved 06/09/19, as amended through 09/05/24 Page 10 participating in such a decision and not use his or her position to influence or attempt to influence such a decision. Guidance on the proper recusal procedures to follow should be obtained from SCAG legal counsel who should also be consulted about questions regarding Section 87100.
E. Annual Statement of Economic Interests – In accordance with the requirements of the
California Fair Political Practices Commission (“FPPC”), every elected official and public employee who makes or influences governmental decisions is required to prepare and submit a Statement of Economic Interest, also known as the Form 700, annually, and upon assuming or leaving an identified position. Consistent with the guidelines of the FPPC, SCAG has created a Conflict‐of‐ Interest Code which identifies those SCAG Representatives and Staff who must file a From 700. The Conflict‐of‐Interest Code, which is updated regularly in accordance with the requirements of the FPPC, can be found on SCAG’s website and is also included at Attachment A. to this Policy Manual.
The Conflict‐of‐Interest Code specifies the types of disclosures that the identified individuals must make. Form 700 filings should be made to the Office of Regional Council Support. SCAG staff will endeavor to remind all affected individuals of the need for Form 700 filings several months in advance of the annual filing due date. However, it is the responsibility of all affected SCAG Representatives to understand their FPPC disclosure obligations and to make timely filings with SCAG and any other public organizations for which disclosure requirements exist.
F. Ban on Future Contracts, Bids and Lobbying
(1) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall influence or attempt to influence any SCAG decision directly relating to any contract where the former SCAG Representative knows details or conditions of the contract not available to members of the public.
(2) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall participate in bidding on a SCAG contract, including providing consulting services to a bidder on a bidding process involving SCAG, or bidding or providing consulting services to a bidder for a contract which is to be funded by or through SCAG.
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RC Approved 06/09/19, as amended through 09/05/24 Page 11 (3) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall act as an agent or attorney for, or otherwise represent, any person or entity other than SCAG in any formal or informal appearance before, or, with th e intent to influence a decision, make any written or oral communication to any court or any agency officer, employee, member, board or commission in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, legislation, or other particular matter pending before such court or before such officer, member, employee, board or commission if both of the following apply: (a) SCAG is a party or has a direct and substantial interest; and (b) the proceeding is one in which the former SCAG Representative participated in on behalf of SCAG. (4) The one‐year bans contained in Article III Sections F (1), (2), and (3) above shall not apply to:
(a) prevent a former SCAG Representative from making or providing a statement or contract which is based on the individual’s own special knowledge in the particular area that is the subject of the statement or contract, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses or contractors; or (b) communications and contracts made solely for the purpose of furnishing information if a court or state, federal or local administrative agency to which the communication is directed or with or for which a contract is made, makes findings in writing that the individual has ou tstanding and otherwise unavailable qualifications and is acting with respect to a particular matter which requires such qualifications and the public interest would be served by the partic ipation of the individual. In addition, these one‐year bans do not apply to any appearances or communications in a proceeding or contracts to which a court or the Regional Council gives its consent by determining that the public interest would not be harmed.
G. Penalties for Violation of Conflict‐of‐Interest Policies – SCAG Representatives are reminded
that violations of the Conflict‐of‐Interest Policies listed in this Policy Manual may also involve violations of various state and federal statutes and regulations to which both civil penalties and criminal punishments may apply. Further, contracts involvi ng a conflict‐of‐interest may also be declared void in accordance with applicable California law.
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ARTICLE IV
COMPOSITION, ATTENDANCE AND POLICIES FOR THE REGIONAL COUNCIL, POLICY COMMITTEES AND
OTHER SCAG COMMITTEES, SUBCOMMITTEES AND TASK FORCES
A. Regional Council – The membership, organization, duties, quorum and voting requirements of
the Regional Council are addressed in SCAG’s Bylaws. The following additional policies are applicable to the Regional Council.
(1) The Regional Council shall generally consider a recommendation from a Policy Committee in the month following the development of such a recommendation. In the case of time sensitive matters, a recommendation from a Policy Committee may be considered at the first Regional Council meeting after the Policy Committee meeting at which the recommendation was adopted. (2) The Regional Council shall generally consider a recommendation from the Executive/Administration Committee at the first Regional Council meeting after the Executive/Administration meeting at which the recommendation was adopted. (3) The Regional Council shall generally meet on the first Thursday of each month. The Regional Council shall annually approve its calendar year meeting schedule which may include one or more months in which other SCAG meetings replace the regular meeting of t he Regional Council. In addition, the Regional Council will not meet one month of the year to allow for a vacation period.
B. Executive/Administration Committee – The membership, organization, duties, quorum and
voting requirements of the Executive/Administration Committee are addressed in SCAG’s Bylaws.
The following additional policies are applicable to the Executive/Administration Committee. (1) The President of SCAG shall serve as the Chair of the Executive/Administration Committee and shall be the presiding officer at its meetings. The First Vice President of SCAG shall serve as the Vice Chair and shall act as the presiding officer at meetings in the absence of the President. The Second Vice President or the Immediate Past President, in that order, shall preside at meetings in the absence of the President and First Vice President.
(2) The Executive/Administrative Committee shall generally meet prior to and on the same day as the Regional Council in accordance with the annual schedule adopted for the regular meetings of the Regional Council. The Executive/Administration Committee may have a special meeting on a day
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RC Approved 06/09/19, as amended through 09/05/24 Page 13 other than the day scheduled for a meeting of the Regional Council or in addition to the day scheduled for a meeting of Regional Council. All such special meetings shall be called by the SCAG President in consultation with SCAG’s Executive Director.
(3) The President shall provide a general report regarding each meeting of the Executive/Administrative Committee at the next regular meeting of the Regional Council and specifically shall report any actions taken by the Executive/Administration Committee acti ng on behalf of the Regional Council as allowed by Article V C. (3)(a) of SCAG’s Bylaws.
C. The Policy Committees – The membership, organization, duties, quorum and voting requirements of the three Policy Committees (i.e. Transportation Committee; Community, Economic and Human Development Committee; and Energy and Environment Committee) are addressed in SCAG’s Bylaws. The following additional policies are applicable to the three Policy Committees. (1) Each Policy Committee shall elect its Chair and Vice Chair whose term shall commence upon the adjournment of the next regular meeting of the General Assembly and expire upon the opening of the following regular meeting of the General Assembly. Those holding the position of Chair and Vice Chair must be members of the respective Policy Committee and must also be representatives of Regional Council Members. Officers and those elected by the Regional Council to serve as Officers cannot serve as Chair or Vice Chair of a Policy Committee. An individual may serve two consecutive one‐year terms as a Chair or two consecutive one‐year terms as a Vice Chair, if so elected. Any person who served as Chair of a Policy Committee for two consecutive years or as Vice Chair for two consecutive years must wait one year before seeking election again to be Chair or Vice Chair of the same Policy Committee; except that any Vice Chair who has held such a position for up to two consecutive years may be elected to serve as Chair for the following year for up to two consecutive years. If a vacancy occurs in the office of Chair of a Policy Committee, the Vice Chair shall serve as Chair for the unexpired term and a new Vice Chair shall be elected to fill the unexpired term. (2) Each Policy Committee shall meet on the same day as the Regional Council unless a special meeting is otherwise called by the Chair of the Committee after discussions with SCAG’s Executive Director.
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RC Approved 06/09/19, as amended through 09/05/24 Page 14 (3) In the event an at‐large or subregional member of a Policy Committee repeatedly fails to attend meetings of the Policy Committee, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings of the Policy Committee. The Executive Director may also, in his/her sole discretion, advise the SCAG President of the absences of the member and the President may take any such action as may be allowed by the SCAG Bylaws or this Policy Manual.
D. Legislative, Communications and Membership Committee ‐ The membership, organization,
meetings, duties, quorum and voting requirements of the Legislative, Communications and Membership Committee are addressed in SCAG’s Bylaws.
E. Committees, Subcommittees and Task Forces [Reference/Formatting issue to correct]
(1) Committees, Subcommittees and Task Forces shall be established in accordance with SCAG’s Bylaws and shall strictly adhere to the requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). The first meeting of a new committee, subcommittee or task force shall be considered a regular meeting of said committee, subcommittee or task force. (2) Unless otherwise identified in SCAG’s Bylaws, a quorum of Committees, Subcommittees and Task Forces shall be fifty percent of its membership and all actions taken shall require the affirmative vote of a majority of the membership present and voting with a quorum in attendance. (3) Each Committee, Subcommittee and Task Force shall set its own meeting schedule. (4) In the event a member of a Committee, Subcommittee or Task Force repeatedly fails to attend meetings, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings.
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ARTICLE V
DISTRICT REPRESENTATIVE APPOINTMENTS, ELECTION PROCEDURES AND
NO CONFIDENCE VOTES
The appointment or election of District Representatives to serve on the Regional Council and the undertaking of a no confidence vote regarding a District Representative shall all be conducted in accordance with the following procedures.
A. District Representative Eligibility ‐ Any elected member of the city council of a city that is a
voting‐eligible member of SCAG and that is part of a District may be appointed or elected to serve as a District Representative to the Regional Council if that city council member is then serving on the respective city council on the date of the District representative appointment or election.
B. Single‐City District Representative Appointments ‐ When a District encompasses only one city
or part of only one city (“Single‐City District”), that city shall appoint its District Representative(s) from among its city council members by action taken at a meeting of said city council or by any lawful appointment action or process deemed appropriate by the city. Unless otherwise required by the Regional Council, such appointments shall be made during even‐numbered years for even‐ numbered Single‐City Districts and odd‐numbered years for odd‐numbered Singe‐City Districts and shall be for two years in accordance with Article V A. (2)(b) of the Bylaws. The appointment of District Representatives from single‐city Districts shall take place no later than twenty‐eight days prior to the regular meeting of the General Assembly that is held each year unless otherwise required by the Regional Council.
C. Multi–City District Representative Elections ‐ When a District encompasses more than one
city (“Multi‐City District”), a maximum of five (5) city council members from each of the voting‐ eligible cities in the Multi‐City District shall be provided the opportunity to vote for the individual who will serve as the District Representative to ensure equity among cities in voting. In a voting‐ eligible city compr ised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in Multi‐City District Representative Elections. Multi‐City District Representative Elections shall be conducted in accordance with the following policies and procedures.
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RC Approved 06/09/19, as amended through 09/05/24 Page 16 (1) District Representatives from Multi‐City Districts shall be elected by city council members from the cities in their respective Districts that are voting‐eligible Members of SCAG as defined in Article II of SCAG’s Bylaws.
(2) District Representative elections shall be held no later than twenty‐eight days prior to the regular meeting of the General Assembly in even years for even‐numbered Districts and in odd years for odd‐numbered Districts unless otherwise required by the Regional Council or in the case of special elections of District representatives.
(3) District Representative elections shall be held: (i) prior to or during meetings of subregional organizations of the type identified in Article V A.(1)(a)(5) of the SCAG’s Bylaws; or (ii) prior to or at division meetings of the League of California Cites; or (iii) at meeting locations and on meeting dates set by SCAG staff in cooperation with the cities in a District that are voting‐eligible Members of SCAG. (4) SCAG staff in consultation with subregional organizations will oversee all District Representative elections and will ensure that all members of the city councils within the District receive written notification two weeks in advance of any District Representative election, including a special election. Appendix A describes the two‐step notification process that is provided to individuals who are eligible to be candidates in District Representative elections and to the cities whose city council members may vote in District Representative elections. (5) For a District Representative election to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in the District.
(6) Nominations from the floor and proxy voting are not allowed. Teleconferencing for the District Representative election is not allowed unless the President expressly authorizes, in writing, teleconference participation for a District election.
(7) District Representatives shall be elected by a majority of the votes of those city council members present with a quorum. In the event of a tie vote, additional balloting shall occur until a District Representative is elected.
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RC Approved 06/09/19, as amended through 09/05/24 Page 17 (8) If there is only one candidate for District Representative that individual shall be declared the District Representative and no election shall be required.
D. Term of District Representative ‐ The term of office for a District Representative shall be two
years in accordance with Article V A. (2) of SCAG’s Bylaws and shall commence in accordance with that same Article of the Bylaws.
E. District Representative Position Declared Vacant ‐ Notwithstanding Article V, Section D. above, if SCAG’s President declares a District representative’s position to be vacant in accordance with Article V A.(2)(a) of the Bylaws, a new appointment (in the case of a single‐city District) or a special election that complies with all of the election policies described in this Article V and Appendix A (in the case of a multi‐city District) shall take place within forty‐five (45) days of the declaration of a position vacancy unless otherwise specified by SCAG staff. A District Representative who is so appointed or elected shall assume his/her position immediately upon the appointment or election and shall serve the remainder of the unexpired District Representative term.
F. Notification ‐ Written notification of the appointment or election of a District Representative
shall be provided to the SCAG’s Office of the Regional Council within 10 business days of the respective appointment or election.
G. District Representative No Confidence Vote – Article V A.(2)(a) of SCAG’s Bylaws indicates
that the position of a District Representative shall be declared vacant by the SCAG President in the event of a no confidence vote undertaken in response to a resolution passed by all the cities in a District that are voting‐eligible Members of SCAG. A no confidence vote by a District shall be conducted in accordance with the following procedures.
(1) A no confidence vote must be held within 30 days of the date on which the final city in the District approves a resolution calling for the no confidence vote. (2) A maximum of five (5) city council members from each of the voting‐eligible cities in the District shall be given the opportunity to participate in a no confidence vote. In a voting‐eligible city comprised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in the no confidence vote.
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RC Approved 06/09/19, as amended through 09/05/24 Page 18 (3) A no confidence vote shall be held: (i) prior to or during meetings of subregional organizations of the type identified in Article V A (1)(a)(5) of SCAG’s Bylaws; or (ii) prior to or at division meetings of the League of California Cites; or (iii) at meeting locations and on meeting dates that are arranged by SCAG staff in cooperation with the voting eligible cities in the District. (4) SCAG staff will organize the notice and preparation for any no confidence vote and conduct the actual vote and will ensure that all members of the voting‐eligible city councils within the District receive written notification two weeks in advance of any no confidence vote. (5) For a no confidence vote to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in the District.
(6) Proxy voting is not allowed.
(7) A no confidence vote shall pass upon the affirmative, majority vote of those city council members present with a quorum.
H. Incumbent District Representatives – Notwithstanding the requirements of this Article V,
incumbent District representatives shall retain their positions until the completion of their terms or until their position is vacated by order of the SCAG President.
I. Effective Date of Appointment and Election Procedures ‐The appointments and elections of
all District representatives after July 1, 2018 must be conducted in accordance with the procedures of this Article V in this Policy Manual. All appointments and elections prior to July 1, 2018 are to be conducted in accordance with the Regional Council Policy Manual adopted on July 12, 2007 and updated in September of 2009, and the District Representative Election Procedures adopted by the Regional Council on June 2, 2011.
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ARTICLE VI
THE RALPH M. BROWN ACT: REQUIREMENTS AND SCAG POLICIES
SCAG endeavors to be in full compliance with all aspects of the Ralph M. Brown Act, (Government Code Section 54950 et seq. (herein the “Brown Act”)) in all of its meetings, activities and interactions with the public. Selected parts of the Brown Act are described and discussed in the materials that follow to provide guidance and reminders to SCAG Representatives about the requirements of the Brown Act and the policies that SCAG has implemented to ensure full compliance.
A. Bodies Subject to the Brown Act – In accordance with Section 54952 of the Government Code,
the working entities of SCAG including the General Assembly, the Regional Council, the Policy Committees and generally all of the SCAG committees are “legislative bodies” of local agencies as defined by Section 54952 of the Government Code and their meetings are covered by the Brown Act with respect to matters such as agendas, closed sessions, public participation, etc. However, if an advisory committee is created by a SCAG legislative body and if the advisory committee is comprised of less than a quorum of the members of the SCAG legislative body that created it, then the advisory committee is not subject to the Brown Act, unless the advisory committee is a standing committee.
The Brown Act defines a standing committee as one which has continuing jurisdiction over a particular subject matter or if its meeting schedule is fixed by some formal action.by the body that created the committee.
B. Meetings – If a quorum of the membership of one of the legislative bodies of SCAG meets to
hear, discuss or deliberate on any matter that is under the subject matter jurisdiction of the legislative body, then a meeting occurs regardless of whether or not any action is taken, and all notice and agenda provisions of the Brown Act apply. Informal g atherings at lunches or social activities or in other informal settings that involve a quorum or more of the membership of a SCAG legislative body must also meet the requirements of the Brown Act unless the event is open to the public and the members of the legislative body do not discuss among themselves, except as may be part of any scheduled program, issues that are within the subject matter jurisdiction of SCAG.
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RC Approved 06/09/19, as amended through 09/05/24 Page 20 As an added caution, because SCAG has overlapping legislative bodies and committees, the quorum requirements of all applicable SCAG legislative bodies, especially the Executive/Administration Committee with its limited membership/quorum, should be considered whenever the attendance at a SCAG event is being planned to determine if the meeting r equirements of the Brown Act are applicable.
C. Serial Meetings – A serial meeting is a series of communications, each of which involve less
than a quorum of a legislative body, but which collectively involve at least a quorum of the legislative body and through which concurrence is developed with regard to an action to be taken by the legislative body (see Section 54952.2 of the Government Code). Serial meetings are forbidden by the Brown Act. Caution must be exercised to ensure that briefings by SCAG staff of members of a quorum of a small committee (e.g. Executive/Administrative Committee) do not lead to advance concurrence by the members of the committee about a subsequent action to be taken by the committee.
D. Teleconferencing and Videoconferencing – Section 54953 of the California Government Code
sets forth the Brown Act requirements for teleconferencing and videoconferencing at SCAG meetings. SCAG has also established special requirements for the use of teleconferencing and videoconferencing that impose some additional restrictions beyond those of the Brown Act. The most significant aspects of the Brown Act’s requirements along with the specific requirements of SCAG are the following.
(1) All teleconferencing and videoconferencing locations that will be utilized by one or more members of the SCAG legislative body must be identified in the meeting agenda and must be open to the public and include access for people with disabilities. Copies of the agenda of the meeting must be posted at all teleconferencing or videoconferencing locations. Hotel rooms, homes, business offices can all be used as teleconferencing or videoconferencing locations as long as they are identified in the agenda, have the agenda posted at the location and are properly open to the public. An automobile cannot be identified as a teleconferencing location. (2) During a teleconferenced or videoconference meeting, at least a quorum of the SCAG legislative body must be at a location within the boundaries of the SCAG Region .
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RC Approved 06/09/19, as amended through 09/05/24 Page 21 (3) If staff or consultants are to participate at a SCAG legislative body meeting to provide information or to be available to answer questions, the meeting location of such staff do not have to be placed on the agenda and the location does not have to be open to the public. A SCAG staff member can participate in a meeting by calling in from an undisclosed location or a train, bus or car, but such an option is not available to a member of the legislative body. (4) All votes taken at teleconferenced or videoconference meetings must be taken via roll call. (5) SCAG can elect to make additional teleconference or videoconference locations available to the public for any SCAG legislative body meeting. Members of a SCAG legislative body do not have to be present at every teleconference and videoconference location. (6) To facilitate the orderly, timely and expeditious conduct of regular or special meetings of all of SCAG’s legislative bodies, and in consideration of SCAG’s geographically diverse membership, the President may determine, after consultation with the Executive Director, that the General Assembly, Regional Council and any other SCAG committee or body, including but not limited to the Executive/Administrative Committee, will meet using teleconfere ncing and/or videoconferencing capabilities. Further, and notwit hstanding any other provision of this Regional Council Policy Manual, the President may waive, after consultation with the Executive Director and legal counsel, certain provisions of teleconferencing and videoconferencing requirements set forth under Section D.1., D.2. and D.4. of this Article VI, to the extent such waiver(s) is/are permitted by and consistent with applicable law, executive order or any applicable public health order.
E. Regular Meetings – A meeting that occurs at an established time and place set by an action of
the Regional Council or other SCAG legislative body is a regular meeting. Notices and agendas for regular meetings must be posted at least 72 hours before the meeting. A regular meeting agenda can be amended as long as the amended agenda is posted 72 hours before the meeting. Items not on t he agenda for a regular meeting can be added to the agenda at the meeting upon the affirmative vote of two‐thirds of the representatives/members present or a unanimous vote in the event of attendance of less than two‐thirds of the membership if there is a need to take immediate action on a matter that came to the attention of the SCAG legislative body (including staff) after the 72 hour agenda posting requirement had passed. Emergency matters may also be added to the
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RC Approved 06/09/19, as amended through 09/05/24 Page 22 agendas of regular meetings in accordance with the appropriate sections of the Brown Act, but the definition of an emergency matter (e.g. work stoppage, crippling activity, event which impairs public safety or health) means that such items will rarely, if ever, have to be addressed by a SCAG legislative body.
F. Special Meetings – Special meetings may be called by the presiding officer of any SCAG legislative
body after discussions with the SCAG Executive Director. Any meeting that is set for a time and place other than the time and place established for regular meetings is either a special meeting or an emergency meeting and emergency meetings are unlikely to be necessary for SCAG. Meetings of SCAG legislative bodies that meet infrequently and/or irregularly are special meetings. Notices and agendas for special meetings should be posted and delivered to every member of the legislative body and to others who hav e requested copies of such notices at least 24 hours before a special meeting. No business can be conducted at a special meeting except for the matters identified in the special meeting agenda; however, a legislative body can defer action on matters that are listed on the agenda for a special meeting.
G. Public Participation – Every meeting of a SCAG legislative body must include an opportunity for
members of the public to address the legislative body on any matter under the subject matter jurisdiction of the body. If the public comments are to be made in connection with an item on the agenda, time for the comments must be provided before the consideration of the item. As allowed by the Brown Act, the comments of members of the public at meetings of SCAG legislative bodies will generally be limited to three minutes, but this limit may be reduced by the presiding officer after consideration of the numb er of speakers and the time constraints of the agenda as long as any time limitations are fairly identified and implemented and not used restrict speech content.
H. Meeting Disruptions – In accordance with Section 54957.9 of the Government Code, if a SCAG
meeting is “willfully interrupted” and the “orderly conduct of the meeting” becomes unfeasible and if order cannot be restored by removal of the individuals who are disrupting the meeting, the presiding officer of the legislative body may order the meeting room cleared so that the meeting can be continued. Representatives of the press, if not partic ipating in the disruption, may be allowed to attend the continued meeting session.
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RC Approved 06/09/19, as amended through 09/05/24 Page 23 I. Confidential Information from Closed Sessions – Section 54963 of the Government Code
prohibits the distribution of any confidential information acquired by a person in attendance at a closed session of a SCAG legislative body. However, in accordance with Government Code section 54956.96, an Official Representative or Alternate of the General Assembly or a representative of a Member of the Regional Council or a member of a SCAG committee may disclose such confidential information to selected individuals if the information has financial or liability implications for the SCAG Member whose representative on the SCAG legislative body obtains the information. The individuals to whom the confidential information may be disclosed are: (1) legal counsel for the SCAG Member for the purpose of obtaining advice on the financial or liability implications of the confidential information; and (2) members of the legislative body of the SCAG Member who are present in a closed session meeting of that legislative body (e.g. city council).
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ARTICLE VII
RULES OF PROCEDURE FOR THE CONDUCT OF MEETINGS
A. Agendas ‐ The President of SCAG in the case of the Regional Council or the Chair of every
SCAG Committee, Subcommittee and Task Force (which with the Regional Council are collectively referred to herein as “legislative bodies” or individually as “legislative body”) shall approve the agenda for every respective meeting based on guidance from the SCAG Executive Director and SCAG staff. Members of a SCAG legislative body may r equest that an item be placed on a subsequent meeting agenda during the designated part of a meeting. Should the presiding officer of a meeting refuse to approve inclusion of the requested agenda item, the member making the request may appeal that ruling t o the Executive/Administration Committee, which shall consider the matter at the next regular meeting after the agenda item requested was refused by a presiding officer. Although agendas may list agenda items separately as “Action” or “Discussion” or “Information”, the SCAG legislative bodies may take action on any item or matter listed on an agenda and such shall be noted on every agenda of each of the SCAG legislative bodies.
B. Meeting Schedules ‐ All meetings of SCAG’s legislative bodies shall comply with the Ralph M.
Brown Act (Government Code 54950 et seq.) and shall be open to the public except when closed sessions are necessary for confidential discussions as allowed by the Brown Act. The meetings will start no earlier than the time identified in each meeting notice and agenda. Members of the public who wish to speak will be asked (but not required) to complete a request card to assist in the organization of all public comments. The time allocated for public comments will generally be early in a meeting agenda but comments relating to a specific agenda item may be heard immediately before said agenda item. All public comments should be addressed to the presiding officer of a meeting and not to a specific member of the legislative body.
C. Advertising Presentations – No person shall be allowed to make a presentation or provide a
report to the Regional Council that is for the purpose of advertising. “Advertising” for the purposes of this Policy Manual is defined as “promoting by making known, drawing attention to, publicly proclaiming or making conspicuous any item, service, project, development, or thing for financial
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RC Approved 06/09/19, as amended through 09/05/24 Page 25 benefit. This prohibition is not intended to prevent or preclude any person from addressing any SCAG legislative body during a public comment period to express his/her views or opinions on any matter within the subject matter jurisdiction of the SCAG legis lative body. The presiding officer of any meeting will determine if a speaker’s remarks fall within the prohibition described earlier and may request that the speaker refrain from offering further remarks in such cases.
D. Rules of Order – SCAG’s Rules of Order, which are summarized in Appendix B and described
in the sections that follow, shall be supplemented and interpreted in accordance with the most recent version of Rosenberg’s Rules of Order, which are presented in Appendix C of this Policy Manual. In the event of a difference between Rosenberg’s Rules of Order and SCAG’s Rules of Order, the direction offered by SCAG’s Rules of Order shall prevail.
E. Role of the Presiding Officer ‐ The presiding officer, assisted by legal counsel or SCAG staff
when available, shall be well versed in the rules of parliamentary procedure since the presiding officer shall apply such rules throughout the conduct of a meeting and shall make a final ruling based on those rules whenever an action is taken. All decisions by the presiding officer are final unless the presiding officer is overruled by the l egislative body itself. The presiding officer will generally play a less active role in any debate or discussion; however, the presiding officer has a right to participate fully in all debates, discussions and decisions. Generally, the presiding officer should not make a motion; or second a motion, unless it appears that no other member of the legislative body is likely to do so.
F. Agenda Item Discussion and Request for Motion ‐ The presiding officer should introduce
each agenda item and explain whether action will be required regarding the item or if it is for information only. The presiding officer should then invite the appropriate person or persons to report on the item and explain any recommendation that is being made. The presiding officer should then ask for questions or comments from members of the legislative body. If members of the public wish to make comments on the item and did not do so during the general public comment period, they will be afforded the opportunity to do so at this time.
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RC Approved 06/09/19, as amended through 09/05/24 Page 26 After all comments have been offered, the presiding officer should invite a motion if action is required on the item. After a motion is made, the presiding officer should identify the name of the individual making the motion and call for a second to ensure that there is sufficient support for the motion to make a vote be necessary. If there is a second, the presiding officer should name the individual making the motion and then call for a vote. If there is no second, the presiding officer may announce that the motion has failed for lack of a se cond and ask if another motion is to be offered.
The presiding officer has the discretion to call for a vote without a second. Such an approach may be used when the legislative body is facing serious time constraints or support for considering the motion is obvious.
Before proceeding further, the presiding officer should ensure that the legislative body understands the motion. If appropriate, and to avoid confusion, the presiding officer may repeat the motion, or ask the maker of the motion to repeat the motion, or as k a staff member or legal counsel to repeat the motion.
Immediately prior to a vote, the presiding officer should invite discussion among any interested members of the legislative body. When the discussion has ended, the presiding officer should call for a vote. If the discussion has been lengthy, the presiding officer may again repeat the motion to ensure that all members of the Legislative Body understand the motion.
G. Voting ‐ For large committees, and the Regional Council and the General Assembly, SCAG
employs an electronic voting system that requires members of the Legislative Body to be logged‐in to be able to cast a vote. Members who leave a meeting prior to a vote are required to log out.
The electronic voting system used by SCAG records all votes, including the names of members and their votes and the vote results with member names will be included in the minutes of the meeting.
For smaller committees, it is not possible for SCAG to effectively employ electronic voting.
Members of such a small committee will be asked by the presiding officer to indicate their vote by a show of hands or by verbally indicating “aye,” “nay” or “abstain.” As with electronic voting, the names of all members who voted and their vote will be included in the minutes of the meeting.
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RC Approved 06/09/19, as amended through 09/05/24 Page 27 The number of affirmative votes needed to pass or approve a motion are identified in SCAG’s Bylaws or in Article IV of this Policy Manual.
When electronic voting is used, voting members of a legislative body must ensure that their vote is properly recorded by viewing the scrolling display of the votes that will be shown on the viewing screen immediately after the vote is tabulated. If an error occurs, the involved voting member should immediately identify the error to the presiding officer who will consult with legal counsel to determine if the error can be corrected in the official vote tally. Generally, a voting error can immediately be corrected in the official vote tally if identified prior to the presiding officer announcing the next item on the agenda. However, if an error is identified by a voting member after the next item has been announced by the presiding officer or upon the recommendation of legal counsel, the presidi ng officer may order that any attempt to address the identified error be handled through a Motion for Reconsideration or a Motion to Suspend a Rule, both of which are subsequently described in this Article.
When electronic voting equipment is not employed because of equipment problems or any other reason, voting may be done by a show of hands, a roll call vote, or any other method announced by the presiding officer as long as it is possible for the SCAG clerk or staff member recording the vote to tabulate the name and vote of every voting member of the legislative body.
Such tabulation is required for compliance with the Brown Act.
H. Three Basic Motions and Friendly Amendments ‐ A main motion is used to put forth a matter
for an action by the legislative body. A motion to amend is used if a member of a legislative body
wishes to propose a changed or modified main motion. A substitute motion is used if a member of
the legislative body wishes to replace the main motion with a different motion. The presiding officer shall determine if a motion is a motion to amend or a substitute motion. However, a substitute motion that simply proposes the opposite of the main motion may cause unnecessary delay and confusion and may be ruled to be out of order by the presiding officer.
A friendly amendment may be used to save time and occurs when a member of the legislative body
suggests an amendment (usually minor) to the main motion and the members who made and
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RC Approved 06/09/19, as amended through 09/05/24 Page 28 seconded the main motion agree to the friendly amendment. If either the maker of the main motion or the member who seconded it rejects the friendly amendment, then the proposer may formally move to amend the main motion.
I. Multiple Basic Motions ‐ The presiding officer shall allow no more than three basic motions
to be under consideration by a legislative body at one time. If an additional basic motion is offered, the presiding officer shall rule it as being out of order until all three of the basic motions that are before the legislative body have been resolved.
In addressing multiple basic motions, the presiding officer shall proceed with the last motion first.
If a substitute motion or a motion to amend passes, such action renders moot the motion for which there was a proposed substitution or the motion for which there was a proposed amendment. If a substitute motion or a motion to amend fails, then the prior motion must be voted upon.
J. Motions regarding Pending Basic Motions ‐ The following motions if properly made
and, at the discretion of the presiding officer, seconded, must be addressed before any action is taken on any of the basic motions that are pending before the legislative body. They are not debatable and may be passed by the number of affirmative votes identified in the SCAG Bylaws. (1) A motion to lay on the table, if passed, temporarily suspends any further discussion of the
pending basic motion. The motion can contain a specific time at which the item and the related basic motion can be brought back to the legislative body or the motion may contain no specific time for the item to be returned.
(2) A motion to return is used to bring back to the legislative body a basic motion that was
tabled without a specific return date. The legislative body must approve such a motion before discussion of the tabled basic motion can resume. A motion that was tabled without a specific return date dies if it is not returned to the legislative body by the end of the next regular meeting of the legislative body.
(3) A motion to move or call the question, if passed, immediately brings the matter being
considered by the legislative body to a vote by suspending any further discussion or debate. The presiding officer can expedite matters by treating this motion as a “request” by asking if anyone in
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RC Approved 06/09/19, as amended through 09/05/24 Page 29 the body wishes to continue the discussion. If no one does, then a vote on the matter can immediately be taken without the need for a vote on the motion to call the question. (4) A motion to limit or extend the limit of debate, if passed, places a limit on the time allowed
for discussion and debate of the pending basic motion or extends the time allowed for discussion and debate.
(5) A motion to object to consideration of an item, if passed, prevents an item on the agenda
from being discussed.
(6) A motion to commit or refer, if passed, refers the matter to staff, a committee or a
commission for further study. The motion may contain directions for the staff, committee or commission, as well as a date upon which the matter will be returned to the legislative body’s agenda.
K. Motions of Courtesy and Convenience
(1) Any voting‐eligible member of a legislative body may call for the agenda to be followed in
the stated order. No second or vote is required and the presiding officer should return discussion to the proper agenda item. Any decision by the presiding officer to return to a specific agenda item or not return to a specific item can be appealed.
(2) Any voting‐eligible member of a legislative body may make a motion for a recess. At the
discretion of the presiding officer, a second may be required. The motion is not debatable. The presiding officer determines the length of the recess.
(3) Any voting‐eligible member of a legislative body may make a motion to adjourn immediately or at a specific time, even if there is business pending. At the discretion of the presiding officer, a second may be required. The motion is not debatable.
(4) Any voting‐eligible member of a legislative body may request that the presiding officer follow SCAG’s Rules of Order by raising a point of order. No second is required and no debate is allowed. The point of order shall be ruled upon by the presiding officer and the ruling of the presiding officer can be appealed.
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RC Approved 06/09/19, as amended through 09/05/24 Page 30 (5) Any voting‐eligible member of a legislative body may make of point of privilege to request
that the presiding officer address a matter relating to the normal conduct of the meeting such as the volume of the microphones or the replaying of a video. No second is required. The ruling of the presiding officer can be appealed.
(6) Should any voting‐eligible member of a legislative body be dissatisfied with a ruling from the presiding officer, the member may make a motion to appeal the ruling. A second may be required at the discretion of the presiding officer and debate is allowable. (7) Any voting‐eligible member of a legislative body may make a motion to suspend a rule of
the legislative body in order to accomplish an action that would otherwise violate the rule. At the discretion of the presiding officer, a second may be required and debate is allowable. (8) In order to avoid confusion, the presiding officer may divide the subject matter of a motion into several parts and direct discussion and voting on each of the separate parts. Additionally, any voting‐eligible member of a legislative body may make a motion to divide the question into separate parts for discussion and voting. At the discretion of the presiding officer, a second may be required for such a motion. Debate is not allowed.
(9) Except where prohibited by federal or state law or regulation, at the same meeting but no later than the next regular meeting of a legislative body, the legislative body may reconsider any vote taken in order to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. A motion to reconsider must be made by a voting‐eligible member of the legislative body who voted on the prevailing side in the earlier vote. A second is required at the discretion of the presiding officer and the motion is debatable. Any voting‐eligible member of the legislative body may second the motion. The motion to reconsider requires the number of affirmative votes specified in the SCAG Bylaws for all regular voting matters, regardless of the number of votes required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over the pending matters and any special voting requirements related thereto still apply. After all basic motions associated
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RC Approved 06/09/19, as amended through 09/05/24 Page 31 with an item have been voted upon or rendered moot, action on the item is deemed closed subject to a proper motion for reconsideration.
(10) During the debate and discussion of a basic motion, the maker of the motion may withdraw the motion. The basic motion should immediately be considered to be withdrawn; however, the presiding officer may ask the member who seconded the motion if he might wish to make the motion. In addition, any other voting‐eligible member of the legislative body may make the same motion that was withdrawn.
(11) Any voting‐eligible member of a legislative body may make a motion to require a roll call
vote on any matter before the legislative body. A second may be required at the discretion of the presiding officer. Such a motion is not debatable.
L. Courtesy and Decorum ‐ The presiding officer and the members of a legislative body must maintain courtesy and decorum throughout every meeting. Only one member should have the floor at a time and it is always best for a speaker to be recognized by the presiding officer before proceeding to speak. The presiding officer should ensure that all d ebate and discussion focus on each particular agenda item and not on personalities. The presiding officer should stop any discussion that is inappropriate. Although dis cussion and debate are appropriate, the presiding officer may find it necessary to limit both in the interests of time.
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ARTICLE VIII
STIPENDS AND EXPENSE REIMBURSEMENTS
A. General Stipend Payment Policy
(1) The payment for a stipend of one hundred fifty dollars (hereinafter “Stipend”) will be calculated and authorized by the Office of Regional Council Support based on attendance records, attendance sheets or submitted expense reimbursement forms.
(2) Requests for Stipend payments must be received by the Office of Regional Council Support no later than 45 days after the end of the month in which the meeting, event or activity was attended (e.g. February 14th deadline for a meeting attended on December 1st).
B. Stipends for Representatives of Regional Council Members and SCAG Officers
(1) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for attendance at SCAG‐clerked meetings or SCAG‐sponsored events (such as, the General Assembly, Regional Council meetings, Economic Summit, Demographic Workshop, etc.) or other authorized SCAG business activities. A Stipend will be authorized for each day of actual attendance at such SCAG‐clerked meetings, SCAG ‐sponsored events or authorized activities. Stipends for business travel on behalf of SCAG‐clerked meetings, SCAG‐sponsored events or authorized activities will be authorized for days on which actual business is conducted and not for days that are devoted solely to travel. With regard to multiple meetings on a single calendar day, a Stipend will be authorized for attendance at every meeting that is at a different address. (2) A Stipend for attendance at SCAG ‐clerked meetings shall be paid upon SCAG staff’s submission of attendance sheets, without a request for a Stipend payment. For all other non‐SCAG‐ clerked meetings , SCAG ‐sponsored events and authorized activities, a request for a Stipend payment must be made in writing and contain information on the date, time, location and purpose of any such meeting and be submitted to the Office of Regional Council Support. Such requests must be approved by the SCAG President or S CAG’s Exe cutive Director or his/her designee.
Attendance at non‐SCAG‐clerked meetings, SCAG‐sponsored events or authorized activities shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or the submittal of an expense reimbursement form to the Office of Regional Council
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RC Approved 06/09/19, as amended through 09/05/24 Page 33 Support.
(3) Representatives of Regional Council Members and SCAG Officers shall receive only one Stipend for attendance at one or both of the monthly Regional Council meeting and the same day meeting of the individual’s assigned SCAG Policy Committee (or a joint meeting of all of the Policy Committees). Attendance at SCAG‐clerked meetings will be recorded by SCAG staff. (4) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for meetings (including those over the telephone and those involving video‐ or teleconferencing) that are scheduled by SCAG’s President or by SCAG’s Executive Director or his/her designee. (5) Representatives of Regional Council Members may, in addition to any SCAG‐clerked meetings, receive up to six Stipends per month. SCAG’s First Vice President, Second Vice President and Immediate Past President may, in addition to any SCAG ‐clerked meetings, receive up to nine Stipends per month. SCAG’s President may, in addition to any SCAG ‐clerked meetings, receive up to twelve Stipends per month.
C. Stipends for Other Elected Officials and Individuals serving in an Ex Officio Capacity
(1) Other elected officials (i.e. those not serving as a representative of a Regional Council Member) serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a Policy Committee, Committee, Subcommittee or Task Force meeting.
(2) Other elected officials serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a meeting (including those over the telephone or those involving video‐ or teleconferencing) when the attendance of the elected official is requested by the SCAG President or SCAG’s Executive Director or his/her designee. (3) A Stipend for other elected officials’ attendance at SCAG ‐clerked meetings shall be paid upon SCAG staff’s submission of attendance sheets, without a request for a Stipend payment. For all other non‐SCAG‐clerked, SCAG‐sponsored events and authorized activities, a ttendance at all such meetings shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or the submittal of an expense reimbursement form to the Office of Regional Council Support. Other elected officials may, in addition to any SCAG‐clerked meetings, receive up
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RC Approved 06/09/19, as amended through 09/05/24 Page 34 to four Stipends per month.
(4) Individuals serving in an ex officio capacity in any SCAG body including the Regional Council shall not be eligible for stipends or for the reimbursement of travel expenses (except for certain General Assembly expenses discussed elsewhere in this Policy Manual). (5) Notwithstanding subsection C(4) of this Article VIII, the representative from the private/business sector appointed by the President to serve on both the Regional Council and Executive/Administration Committee as an ex officio member is eligible to receive a Stipend (pursuant to the process provided in Article VIII.B) and reimbursement of travel expenses (as provided in Article VIII.F) for attending up to four (4) meetings per month consisting of the Regional Council, the Executive/Administration Committee, the General Assembly, the Economic Summit, and other SCAG events as the President or Executive Director may specifically request.
D. Special Conditions for Stipends for the General Assembly
(1) A representative of a Regional Council Member or a SCAG Officer or an elected official serving on a SCAG Policy Committee shall receive a Stipend for attendance at the General Assembly regardless of whether or not the individual serves as an Official Representative or Alternate at the General Assembly.
(2) Stipends are not provided to Official Representatives or Alternates at the General Assembly unless those individuals are either a representative of a Regional Council Member or a SCAG Officer or a member of a SCAG Policy Committee.
(3) Stipends for attendance at the General Assembly are not provided to individuals who serve in an ex officio capacity at the General Assembly; however, registration fees, hotel charges, parking costs and meal costs may be billed directly to SCAG or reimbursed if within the limits of this Article VIII.
E. General Travel Policy
(1) SCAG endeavors to maintain an accountable and cost‐effective travel policy. Such a travel policy must satisfy the following requirements: (a) be only business related; (b) use the most cost‐ effective travel options; (c) comply with all applicable SCAG req uirements; (d) substantiate expenses as required; (e) return unspent advanced amounts or unused tickets or travel vouchers;
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RC Approved 06/09/19, as amended through 09/05/24 Page 35 and (f) mandate timeliness, accuracy and honesty in the reporting of all travel expenses. (2) Whenever reasonably possible, travel to SCAG meetings should be avoided if teleconferencing or videoconferencing is available for a meeting. (3) Requests for travel reimbursement must be received by the Office of Regional Council Support no later than 30 days after the close of the fiscal year in which the travel costs were incurred.
(4) The Executive Director or his/her designee shall review all requests for travel reimbursements.
F. Travel Policy for Representatives of Members of the Regional Council and SCAG Officers
(1) Representatives of Regional Council Members and SCAG Officers who attend meetings on behalf of SCAG are eligible to receive travel reimbursement for: (a) actual costs of airplane, bus, train, rental car, shuttle, taxi or car service (e.g. Lyft); (b) miles travelled using a personal automobile; and (c) actual parking expenses. Mileage will be reimbursed at the prevailing federal reimbursement rate. Distances will be calculated based on the travel distance from the representative’s seat of government and the meeting location. An airplan e, taxi, car service or rental car should be used only if is the best alternative considering both cost and time. Taxi, shuttle and car service gratuities should not exceed 15%. Parking at SCAG’s Los Angeles office will be validated.
(2) International travel always requires advance approval of the Regional Council. (3) SCAG representatives of Regional Council Members and SCAG Officers should, whenever possible, use SCAG staff to arrange all air travel. Only economy air travel is allowed. Except for air travel, whenever possible representatives of Members of the Regional Council and SCAG Officers should make their own surface travel and lodging arrangements and obtain reimbursement from SCAG for all expenses incurred. If SCAG representatives make their ow n air travel arrangements and if the cost of airfare significantly exceeds costs regularly paid by SCAG for air travel, approval of SCAG’s President will be required before reimbursement will be made. (4) The cost of alcoholic beverages cannot be claimed for reimbursement. Meal allowances will not be paid if meal service is provided by SCAG (e.g. lunch at meetings of the Regional Council). The
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RC Approved 06/09/19, as amended through 09/05/24 Page 36 following allowances for meals and incidentals, or 150% (one‐hundred fifty percent) of the reimbursement amounts approved by the State of California, whichever is higher and which include an allowance for gratuities, shall apply and be reimbursed without receipts. Higher amounts may be approved by the Regional Council in the case of international travel. a. Breakfast costs of $10.50 if away from home or if travel begins from home to a meeting that starts at 10AM or earlier.
b. Lunch costs of $16.50.
c. Dinner costs of $34.50 if away from home or if the travel begins from home to a meeting that starts at or before 4PM and ends at or after 7PM.
d. Incidental costs of $5 for each day involving an overnight stay away from home. (5) Lodging is reimbursable at the applicable government rate plus taxes if: (a) required for trips outside of the SCAG Region ; (b) an individual is required to travel 50 miles or more one way for a SCAG‐related activity that begins at 10 AM or earlier; (c) an individual is required to attend a SCAG‐ related activity that begins at 1 PM or later and is required to attend a SCAG ‐related activity the following day that begins at 10 AM or earlier ; or (d) a member of the EAC, whose seat of government is outside of Los Angeles County, attends an EAC meeting that begins at 9 AM or earlier.
If government lodging rates do not appear to be available, assistance should be requested from SCAG staff, if possible, to avoid paying above government rates. Lodging charges that are more than double standard government rates for the locale of the lodging will require approval of the SCAG President before reimbursement can be made.
(6) All travel costs must be fully documented, as required, with receipts identifying the date and time the expenses were incurred, the location and the purpose of the travel or expense. The SCAG President or SCAG’s Executive Director or his/her designee must approve travel reimbursement requests without receipts in the case of lost or partial receipts.
G. Travel Policy for Other Elected Officials and/or Appointed Members of SCAG Committees
and Task Forces
(1) Other elected officials (those not serving as Representatives of Regional Council Members) and appointed members of SCAG committees and task forces will generally not be asked to travel
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RC Approved 06/09/19, as amended through 09/05/24 Page 37 on behalf of SCAG except for meetings within the SCAG Region. The provisions of Section F above shall apply to any travel outside of the SCAG Region that is requested by SCAG. (2) Other elected officials and appointed members of SCAG committees may be reimbursed for travel expenses to meetings held within the SCAG Region if they are not reimbursed or provided a stipend from a public agency other than SCAG. Reimbursement will be limi ted to: (a) parking validation or actual parking costs; and (b) costs of round‐trip public transportation or round‐trip mileage at the prevailing federal mileage reimbursement rate. All such travel reimbursement requests will require complete documentation of all expenditures and will be approved by the SCAG President or SCAG’s Executive Director or his/her designee. Travel reimbursement requests that do
not have appropriate documentation must be approved by the SCAG President or SCAG’s Executive Director or his/her designee.
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RC Approved 06/09/19, as amended through 09/05/24 Page 38
ARTICLE IX
APPROVAL AND REPORTING THRESHOLDS AND DELEGATION OF
APPROVAL AUTHORITY
The following paragraphs identify those items that require approval by or reporting to the Executive/Administration Committee and the Regional Council and describe the process by which the Regional Council and the Executive Director may delegate approval a uthority to identified individuals.
A. Contracts ‐ Any SCAG contract valued at or above $500,000 must be approved in advance by
the Executive/Administration Committee and the Regional Council. Any SCAG contract valued at more than $25,000 but less than $ 500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the contracts by SCAG’s Executive Director or his/her designee.
B. Contract Amendments – Any amendment to a SCAG contract, whose value alone or when
added to all prior amendments either (1) causes the total contract value to cross the $500,000 threshold, or (2) exceeds $ 150,000 and 30% of the initial contract value, must be approved in advance by the Executive/Administration Committee and the Regional Council. Any amendment to a SCAG contract whose value alone or when added to all prior amendments exceeds $5,000 but is less than $150,000 and 30% of the initial contract value must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the amendments by SCAG’s Executive Director or his/her designee.
C. Purchase Orders ‐ Any SCAG purchase order valued at or above $500,000 must be approved
in advance by the Executive/Administration Committee and the Regional Council. Any SCAG purchase order valued at more than $5,000 but less than $ 500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the purchase order by SCAG’s Executive Director or his/her designee.
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RC Approved 06/09/19, as amended through 09/05/24 Page 39 D. Fines and Penalties – Payment of any fine or penalty imposed upon SCAG in an amount equal
to or greater than $10,000 must be approved before payment by the Executive/Administration Committee and the Regional Council.
E. Claims and Litigation Matters – All claims made against SCAG and all litigation threats and
lawsuits filed against SCAG must be reported to the Executive/Administration Committee and the Regional Council as soon as practical and before any significant SCAG response is undertaken.
Litigation initiated by SCAG shall not commence without the approval of the Executive/Administration Committee and the Regional Council. Unless otherwise directed by the Regional Council, all claim and litigation settlements negotiated on behalf of SCAG must be approved by the Executive/Administration Committee and the Regional Council.
F. Employee Settlements – The Executive Director or his/her designee may negotiate and approve employee termination settlements whose value does not exceed 12 months of salary and related benefits and which must be in accord with applicable state law. Settlements in excess of this limit shall require approval by the Executive/Administration Committee and the Regional Council.
G. Grant Applications – The Executive Director or his/her designee is authorized to submit grant
applications to funding agencies for projects or activities that are consistent with SCAG’s Mission.
H. Delegation of Approval Authority by the Regional Council – By formal action taken at a regular
or special meeting, the Regional Council may delegate to the Executive/Administration Committee or the Executive Director any of the approval authorities assigned to the Executive/Administration Committee and the Regional Council and described in this Article.
I. Approval Authority of the Executive Director
The Executive Director is authorized to approve on behalf of SCAG all matters and items described in this Article that are below the thresholds requiring Executive/Administration Committee and Regional Council approval or that are delegated to the Executive Director by the Regional Council.
The Executive Director, in writing, may delegate to the Chief Operating Officer or any other SCAG Director or Manager the authority to approve any item for which the Executive Director has approval authority.
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ARTICLE X
CALIFORNIA PUBLIC RECORDS ACT
A. General ‐ SCAG is committed to transparency and to the complete and timely implementation
of the requirements of the California Public Records Act (California Government Code Section 6250 et seq.). Accordingly, it is the policy of SCAG to respond to a request for a copy of a reasonably‐ described, identifiable public record with minimal delay and, in accordance with the timelines identified in the law unless the law provides an exemption from disclosure. SCAG staff shall work with any requesting party to assist in identifying public records. Only legal and reasonable restrictions shall be placed on requests for voluminous classes of documents or documents in electronic formats.
B. Compilations – SCAG is not required to develop a list or record from an existing record or
database or to develop a new record in order to respond to a request. SCAG shall endeavor to provide materials available from a database to satisfy a request but shall not commit the expenditure of resources to supply materials beyond what is required by law.
C. Digital Imagery Data – Requestors who seek digital imagery data that has been collected or
prepared under SCAG’s oversight or control shall be provided with paper copies of the data in order to ensure that the accuracy of the data is maintained. If such data is requested in an electronic format, SCAG may condition the release of the data on a written agreement that will prohibit the resale or publishing of the data.
D. Exempt Records – Requests for records that are determined by SCAG to be confidential,
privileged or otherwise exempt from disclosure shall be denied. SCAG shall make available reasonably segregated non‐exempt portions of records when possible and if requested to do so.
E. Requests to Inspect Files – Public Records shall be open to inspections during SCAG’s business
hours at SCAG’s headquarters in downtown Los Angeles. An appointment should be requested in writing along with a description of the records to be inspected. SCAG staff shall take those steps necessary to ensure that no inspected records are altered, removed or destroyed. If photocopies of
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RC Approved 06/09/19, as amended through 09/05/24 Page 41 inspected records are required, SCAG staff shall arrange for the copies to be made and provide them within 10 business days.
F. Fees – The Public Records Act allows SCAG to be reimbursed for the direct costs of providing
copies of public records. The Chief Finance Officer of SCAG shall determine the fees that are allowed by law and such fees will be due and payable in advance. Such fees may be waived or reduced at the discretion of the Executive Director or the Chief Financial Officer.
G. Public Records in Private Email Accounts or on Private Electronic Devices – The California
Supreme Court has determined that emails and text messages related to the conduct of the public’s business sent and received on the private electronic devices of public officials, employees and contractors are subject to disclosure as public records under the California Public Records Act.
Communications that are primarily personal and contain no more than incidental discussions of the business of SCAG are not public records. Communications that are in the possession of a SCAG contractor may be considered owned by SCAG and in SCAG’s constructive possession based on the terms of the contractual relationship between SCAG and the contractor. Until and unless further guidance is provided by the courts, when SCAG receives a request for public records that may reside on the electronic device of a public official, employee or a SCAG contractor, SCAG will communicate the request to such individuals along with guidance on the requirements of the California Public Records Act and the time constraints associated with the request. SCAG will then reasonably rely upon such public official, employee or contractor to search his/her own personal files and devices and provide any public records to SCAG in timely fashion.
H. Public Record Requests Applicable to SCAG Representatives – When SCAG receives a public
record request applicable to one or more SCAG Representatives, SCAG staff shall, to the extent allowed by law or regulation, provide notice of the request to the involved SCAG Representatives and provide a copy of any materials to be provided in response to the public record request if desired by the involved SCAG Representatives.
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RC Approved 06/09/19, as amended through 09/05/24 Page 42 Appendix A
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
DISTRICT REPRESENTATIVE ELECTION PROCEDURES
The notice for SCAG Regional Council District Elections is a two‐step process.
1. First Notice: Call for Candidates
All elected members of a city council in a city that is a voting‐eligible member of SCAG and that is within the boundaries of a District are eligible candidates for District Representative.
The First Notice is a call for candidates, notifying interested elected officials in the District to submit their name as a candidate for the District representative seat. SCAG staff will communicate the First Notice to all eligible candidates for a District Election at least 30 days in advance of the District Election and identify the date, time and location of the District Election. SCAG staff shall also communicate the First Notice to the city managers and city clerks of the cities within the respective District, as well as the District’s subregional organization.
The First Notice may be communicated by electronic means or U.S. Mail.
The First Notice will identify a contact point within SCAG for all communications regarding the District Election.
Eligible elected officials who intend to be candidates for a District Election must notify the identified SCAG contact point in writing or by electronic communications no later than fourteen days after the date of the First Notice, or by the date specified in the First Notice.
2. Second Notice: Identification of Candidates
Once the candidate notification period has ended, SCAG staff will provide a Second Notice to all elected members of the city councils from cities that are voting‐eligible members of SCAG and within the boundaries of the District.
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RC Approved 06/09/19, as amended through 09/05/24 Page 43 The Second Notice will identify all of the candidates and confirm the date, time and location of the District Election.
The Second Notice will also be sent to city managers and city clerks of the cities in the District, as well as the District’s subregional organization. The Second Notice shall be sent by electronic communications or U.S. Mail by SCAG Staff and will request that a District Election Notice be posted in accordance with the requirements of the Brown Act.
Other District Election Guidelines
District Elections will be scheduled by SCAG staff in cooperation with the cities in each District.
District Elections shall be held in conjunction with meetings of subregional organizations or the League of California Cities or at other times and locations identified by SCAG staff working in cooperation with the cities in a District.
District Representatives shall be elected by a majority of the votes of those city council members present from voting‐eligible cities with a quorum.
A quorum shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in a District. For example, if District X is comprised of six member (6) cities, then at least one (1) local elected official from four (4) of the member cities within District X must be present to constitute a quorum. When a quorum is present, the election may be conducted.
Nominations from the floor shall not be permitted. Proxy voting is not allowed.
Teleconferencing is not allowed unless the President expressly authorizes, in writing, teleconference participation for a District election.
In the event of a tie vote, additional balloting shall occur until a District Representative is elected.
Elected officials from cities that are not voting‐eligible members of SCAG cannot vote and cannot be candidates for District Representative positions.
If there is only one candidate, that individual shall be declared the District Representative and no election will be required.
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RC Approved 06/09/19, as amended through 09/05/24 Page 44 Special election are elections resulting from a vacancy of the District representative seat.
These procedures may be followed for special elections of District representatives, but may be revised by SCAG staff based upon the circumstance. For example, the timing of the two‐step noticing process set forth herein may be shorted by SCAG staff, as necessary.
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RC Approved 06/09/19, as amended through 09/05/24 Page 45 Appendix B
SUMMARY of SCAG’s RULES OF ORDER
Three (3) Basic Motions
Main Motion
Motion to Amend Main Motion
Substitute Motion
Friendly Amendments must be accepted by maker of motion and seconder.
No more than three (3) Basic Motions under consideration at one time.
Motions Regarding Pending Basic Motions (no debate – seconds at discretion of presiding official)
Motion to Lay on the Table
Motion to Return from the Table
Motion to Call the Question
Motion to Limit or Extend Debate
Motion to Object to Consideration of an Item
Motion to Refer
Courtesy and Convenience Motions
Call for Agenda to be Followed (no debate, no second required) Motion for Recess (no debate, second discretionary)
Motion to Adjourn (no debate, second discretionary)
Point of Order (no debate, no second required)
Motion to Appeal a Ruling (debate allowed, second discretionary)
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RC Approved 06/09/19, as amended through 09/05/24 Page 46 Motion to Suspend a Rule (debate allowed, second discretionary) Motion to Divide a Question (no debate, second discretionary) Motion to Reconsider (no later than next meeting, made by voter on prevailing side, second discretionary, debate allowed)
Motion for Roll Call Vote (no debate, second discretionary)
Motion to Withdraw (no debate, no second, others may make withdrawn motion)
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RC Approved 06/09/19, as amended through 09/05/24 Page 47 Appendix C
ROSENBERG’s RULES OF ORDER
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MAIN OFFICE
900 Wilshire Blvd., Ste. 1700
Los Angeles, CA 90017
Tel: (213) 236-1800
www.scag.ca.gov
REGIONAL OFFICES
Imperial County
1503 N. Imperial Ave., Ste. 104
El Centro, CA 92243
Tel: (213) 236-1967
Orange County
OCTA Building
600 S. Main St., Ste. 1108
Orange, CA 92868
Tel: (213) 630-1599
Riverside County
3403 10th St., Ste. 805
Riverside, CA 92501
Tel: (951) 784-1513
San Bernardino County
1170 W. Third St., Ste. 140
San Bernardino, CA 92410
Tel: (213) 630-1499
Ventura County
4001 Mission Oaks Blvd., Ste. L
Camarillo, CA 93012
Tel: (213) 236-1960
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