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HomeMy WebLinkAboutCC Resolution 10934 (Oversight JPA)RESOLUTION No. 10934 RESOLUTION APRROVING THE CREATION OF THE JOINT POWERS AUTHORITY OVERSIGHT COMMITTEE AND APPOINTMENT OF A CITY OF SAN RAFAEL REPRESENTATIVE WHEREAS, the City of San Rafael has participated in the Joint Services Committee's review of Countywide Joint Powers Agencies, and WHEREAS, the Marin County Council of Mayors and Councilmembers adopted the Joint Services Committee's Final Report (drafted November 21, 2000) on April 25, 2001; and WHEREAS, the Joint Services Committee's Final Report recommends the creation of a permanent "Joint Powers Authority Oversight Committee." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby adopt a resolution a. to participate as a member agency on the Joint Powers Authority Oversight Committee, which shall be comprised of only elected officials and whose duties shall be to guide the implementation of the Joint Services Report, to provide periodic oversight to the various Joint Powers Authorities, and to make recommendations to the cities, towns, and the County of Marin on major policy issues affecting the operation of Marin County Joint Powers Agencies; and b. to appoint Councilmember Barbara Heller to serve as agency representative on the Joint Powers Authority Oversight Committee until replaced by the appointing agency, and C. to authorize the membership of the Joint Powers Authority Oversight Committee to adopt such by-laws and operating procedures as the Committee, by a majority vote, determines necessary for its efficient operation. 1, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the fifteenth of October, 2001 by the following vote, to wit. AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips Jea14%e"W. Leoncini, City Clerk JOINT SERVICES COMMITTEE OF THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS November 21, 2000 City/Town Councils Board of Supervisors Marin County, California RE: Final Report and Recommended Actions to Improve Accountability and Operations of Marin Joint Powers Authorities RECOMMENDED ACTIONS REGARDING THIS REPORT: This report represents the efforts of the Joint Services Committee to review Marin County joint powers authorities. Later on in the report we recommend a process for the cities and towns and the Board of Supervisors to review and consider our recommendations. Therefore, our recommendations for this report are: A. That you receive the report, and B. That you approve and adopt the recommended review and adoption process. BACKGROUND In 1998 MCCMC and the Board of Supervisors received a consultant's report recommending the establishment of a joint services administrator to manage and oversee the many Marin County joint powers authorities (JPA's.) In response to this recommendation MCCMC established the Joint Services Committee with one representative from each city and town and the BOS. This Committee's charge was to review the work of the consultant and each of the existing JPA's and prepare recommendations regarding needed improvements to accountability and operational practices The Joint Services Committee began meeting in Feb. of 1999. Meeting monthly, the Committee has reviewed the operations of the major JPA's and subsequently met to develop these recommendations. The work of the Committee was staffed by Mr. Martin J. Nichols, in the Office of the County Administrator, utilizing the remaining funds of a grant from the Marin Community Foundation for purposes of studying JPA's. FINDINGS: The Joint Services Committee, based on our review of the major JPA's, makes the following findings: A. The JPA structure is necessary for effective local government in Marin County with its limited population, and numerous cities, towns and special districts. B. The JPA's are free of any major operational or administrative problems; however, there are areas for improvement, and a need to establish standard practices for the JPA's and consider some consolidation. C. The major JPA's are responsible for significant amounts of public funding. D. The major JPA's are responsible for important policy areas critical to health and safety of Marin residents. E. The work of the major JPA's is not well understood by local elected officials and the public. F. There is a need for improved understanding, accountability, and oversight of the major JPA's. G. There is a need to establish standardized practices for the distribution of JPA agendas, minutes, budgets, annual activity reports, audits and legislative actions. H. There is a need for some organizational changes, possibly consolidation, for continued evaluation of duties between JPA's. I. There is a need to establish an oversight committee comprised of elected officials for continued evaluation and review of the JPA's, and to implement these recommendations, and discuss and recommend action on the policy issues confronting these agencies. RECOMMENDATIONS: 1. JPA reorganizations. The Joint Services Committee does not find compelling reasons for major reorganization of the JPA's. We did find, however, that some consolidation and/or shifting of directions could be of benefit to the overall effectiveness and efficiency of these joint efforts. We do recommend that some further staff evaluation be conducted regarding the benefits of combining some sub -functions of individual JPA's with another JPA so those activities may be more appropriately coordinated with public services of a like nature. To implement this recommendation, Mr. Nichols will prepare a report regarding the transfer of functions between JPA's for further consideration by this Committee, and present to the Joint Services Oversight Committee. The Joint Services Committee further recommends that the Marin Street Light Acquisition JPA be renamed as the "General Services JPA." Presently, the Street Light JPA is comprised of several unrelated functions (i.e. street lights, abandon vehicles, metricom contract, geographic information system, non -point discharge prevention, and electric supply alternatives.) Also, we further recommend that Mr. Nichols prepare suggestions regarding the governance structure of the new General Services JPA. Additionally, Mr. Nichols will prepare a further report to the Joint Services Committee on what activities should be added or deleted from the General Services JPA. Finally, we recommend a detailed review of the existing joint power agreements by the Joint Services Oversight Committee and make amendments if necessary to reflect service or law changes in the individual JPA's areas of responsibility. JPA staffing and oversight. The Joint Services Committee recommends that a permanent Joint Powers Authority Oversight Committee (comprised of elected officials) be established to periodically review the operations of our many JPA's, and provide a forum to discuss policy issues affecting their joint efforts. Mr. Nichols should be directed to prepare recommended operational and financing plans and membership of this oversight committee. We further recommend that a joint services manager position be established and report to the Joint Services Oversight Committee and be responsible for the following: a. Implement the recommendations of this report and those that are adopted by city/towns and County regarding JPA's b. Monitor the activities of the various JPA's for purposes of discussing and reporting to the elected bodies regarding major policy issues that should be considered at the elected level. C. Establish and maintain a directory of JPA services and their membership on www.marin.ore.. and d. Coordinate legislative issues affecting JPA activities. The position of Joint Services Manager should be combined with the duties of managing the new General Services Joint Powers Authority. The costs for the oversight responsibilities should be apportioned among the various JPA's. We recommend that the Marin Managers Association prepare recommendations as to how these costs should be levied. JPA Standard Practices. We recommend that in the interest of better understanding and accountability, the following practices be implemented: a. Elected officials on certain Joint Powers Governing Boards. 4 Elected officials review of the activities of the JPA's activities is provided through the appointment of governing board members and the proposed establishment of the oversight committee. We recommend that each appointing agency be given the discretion of appointing an elected official or a staff member to the advisory body/board to which they belong, excepting the Joint Powers Oversight Committee, which is to be comprised of only elected officials. 1). Distribution of Agendas and Minutes. We recommend that agendas and minutes of each JPA (and their executive committee, if they have one) be routinely sent to city/town managers and the County Administrator if requested. We further recommend that each JPA establish a process by which they can send copies of agendas and minutes to individual elected officials, if so requested by that official. Finally, we further recommend that the Joint Services Manager implement procedures to make copies of agendas and minutes of the various JPA's available on line at www.marin.org. c. Audits. We recommend that each individual JPA be given authority to determine the need for annual audits in lieu of the statutorily required bi-annual audit. One copy of each audit and management letter should be provided to each participating agency. d. Minimum Insurance Requirements. We recommend that the individual JPA's determine their own individual insurance requirements based on an analysis of the risk potential associated with their individual functions. U. Standard Indemnification Clauses. We recommend that each JPA determine the indemnification requirements necessary for their individual areas of responsibility. f. Legislation We recommend that JPA's not take positions on legislation, but submit recommendations regarding pending legislation for consideration by the MCCMC Legislative Committee and the Board of Supervisors. We also believe county -wide coordination regarding legislative issues is a more effective way to achieve our policy objectives. g. By-laws. Each JPA should adopt by-laws that are referred for review to the appointing agencies bi-annually. 4. Staffing for Marin County Council of Mayors and Councilmembers. We recommend that permanent staffing be established for MCCMC to coordinate the appointments, bylaw reviews, meeting coordination, and agendas. We recommend that this function be combined with the duties of the Joint Services Manager and that the Marin Managers Association prepare recommendations on how the cost of this function should be shared among the cities and towns. REVIEW AND ADOPTION PROCESS The Joint Services Committee recommends that this report be discussed before each city/town council and the Board of Supervisors. The chair or vice chair of the Joint Services Committee, assisted by Mr. Nichols, will be available to make presentations at each agency's meeting regarding this report. Based on the input we receive from this process, the Joint Services Committee will meet one last time to prepare final recommendations for consideration by the MCCMC and the Board of Supervisors. Dated: Harry Matthews, Chair Joint Services Committee Dated: Pat Eklund, Vice Chair Joint Services Committee FOR THE JOINT SERVICES COMMITTEE: Amy Belser, Sausalito Susan Brandborg, Fairfax Paul Chignell, San Anselmo John Dupar„ Corte Madera John Gray, Ross Barbara Heller, San Rafael John Kress, County of Marin Joan Lubamersky, Larkspur Christopher Raker, Mill Valley Bruce Sams, Belvedere