City Council
MEETING DATE: 3/14/2018
TITLE:
Title
CVAG Joint Powers Agreement
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve the amended and restated Joint Powers Agreement regarding the Coachella Valley Association of Governments (CVAG).
Body
BACKGROUND:
On February 26, 2018 the CVAG Executive Committee approved an amended and restated Joint Powers Agreement, which establishes the governance structure for the Coachella Valley Association of Governments (CVAG). Mayor Henry is the Cathedral City representative on the CVAG Executive Committee. The JPA must now be approved by the member jurisdictions.
DISCUSSION:
CVAG has a 45-year track record of coordinating government services in the Coachella Valley. By providing solutions to the common issues of its members, CVAG promotes a better quality of life and balanced growth for residents of central and eastern Riverside County.
CVAG itself was formed in November 1973 with the approval of the first Joint Powers Agreement (JPA). In 1989 - after voters passed Measure A - CVAG amended and restated the JPA to specify its role as the regional transportation authority. In 1998, the JPA was amended again to include the City of Blythe as a member. CVAG’s members have since authorized separate JPA agreements for the Coachella Valley Conservation Commission and for Desert Community Energy.
The General Assembly is CVAG’s governing body and consists of City Council members from JPA member jurisdictions, as well as all five Riverside County supervisorial districts. The Executive Committee is the governing arm of the General Assembly. This structure was created for efficiency due to the complexities in coordinating a General Assembly quorum for monthly meetings to conduct CVAG business. Since CVAG’s inception, JPA member jurisdictions agreed that the Executive Committee would be made up of the Mayors of the member jurisdictions or their alternate/designee, so long as they are sitting elected members of the city. All five Riverside County Supervisors were also made members of the Executive Committee.
Over the years, members have suggested that CVAG’s founding documents should be reviewed. The founding documents were reviewed by CVAG’s new legal counsel - Jenkins & Hogin, LLP, which was hired in September 2017 - as part of the firm’s research to get familiar with CVAG’s structure and practices. After this review, legal counsel has drafted a Third Amendment and Restatement of the JPA that better reflects CVAG’s current mission and organizational structure.
The biggest change with the Third Amendment is the inclusion of the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians. The governments in the Coachella Valley have long benefited from a unique relationship with the local tribal nations, whose reservations span across several local cities. For decades, representatives of the Agua Caliente and the Cabazon tribes have participated in regional decisions through their attendance at CVAG. Both tribes have been considered voting members. They also have been paying dues like member jurisdictions do since fiscal year 1999/2000. Yet, the JPA has not been formally revised to include them.
In addition, there been legislative changes that better clarify the role that tribal nations have with agencies such as CVAG. In 2011, the Governor signed Assembly Bill 307, which was legislation authored by then-Assemblymember Brian Nestande to clarify that federally recognized Indian tribes could enter into joint powers agreements.
The Third Amendment also includes some wording changes and technical changes that have been reviewed by CVAG Legal Counsel, including the modification of language pertaining to an implementation agreement to clarify that such agreements may be entered into regarding a specific project but are not required. This change was a topic of some debate at the Executive Committee. Additionally, there was some concern regarding language related to powers of eminent domain and language was added to clarify that a member City has veto power regarding the exercise of eminent domain within their jurisdiction.
Both the Agua Caliente and the Cabazon tribes have expressed an interest in amending the JPA to formalize their membership with CVAG. The Agua Caliente Band of Cahuilla Indians Tribal Council also took a vote on January 9 to approve formal participation in CVAG with the understanding that the Tribe would see the JPA wording after it was approved by the Executive Committee.
Cathedral City supported the amendments to the JPA at the Executive Committee meeting and Mayor Henry and staff recommend approval of the amended and restated agreement.
FISCAL IMPACT:
The new JPA will not affect the dues structure at CVAG so Cathedral City costs will remain unchanged.
ATTACHMENTS:
CVAG Staff Report 2/26/18