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ABAG 1960• ~ ~ JUN 1 ~- 196G ASSOC UTION OP BAY AREA GOVERNMENTS ACRE F'NE NT THIS AGREEMENT usade and entered into by anti between the e-~ ~ "1 of `J1'`1~1 ~ ~~~ and those county and city governments wit`tin the Counties of Alameda, Contra Costa, Marin, !daps, San Francisco, San Mateo, Santa Clara, Solano and Sonoma, other than the of who, either before or after this date, became signatories hereto; Witnesseth: WHEREAS, there is a demonstrated need fir the establishment of an associa- t.ion of county and city governments within the San Francisco Bay Area to provide a forum for discussion and :;turfy of metrop~~litan area problems of mutual interest and concern to the counties and cities, an~i to facilitate the develop:~ent of policy and action recurnmendations for the solution cf such problems; and WHEREAS, Title 1, Division 7, Chapte' S o` the G~.vernment (;ode of the State of California authorizes the jo:~,t exercise by agree;~r.nt of two or :yore public agencies of any power common to theca; and WHFRF.AS, ::he parties hereto posses:: in common the power to study, discuss and recommend policies for the solution of :~etropolitar, area proble:°s of direct concern r_o the performance of their constitutional and statutory fu.^.c lions and to join associations and expend public funcs for these purposes; NOW, THEREFORE, in c~~nsidFration of tee mutual rc•rr.,s, cove~,ants and condi- lions herein agreed, the pieties nereto aKree ..s fol1~,~,s 1 Purpose of Agreement. The purpose of this Agreement shall be tc provide for the participation by the ~ ~ ~_y__~_of _ ~ y~,`= ~`- 1 ~ 1• ~ as a member of the Associa*_ion of Bay Area Governments (hereinafter referred to as t' Association) jointly with the other county and city governments which be- come Fatties hereto in accordance with the By-Laws of said Associs:ior wt;ich are attached hereto, and incorporated herein as a part of this Agreement; provided, howe•rez, that nothwithstandLng the prwidons of ~.rticle IX of th~~ nJ-:.aws, the • \~ budget for operations during the period ending July 1, 1961, shall be prepared and adopted by the Executive Committee in an ::mount not to exceed $5,000, and assessments therefor shall be imposed by the Executive Committee, such asaessm~nts not to exceed the amounts that would have been paid by each member if all eligible jurisdictions had become members ~~f the Association, unless, by resolu- tion of its governing body, a member jurisdiction agrees to pay only for the period ending July 1, 1961, an amount exceeding that which would }lave been paid if all eligible jurisdictions had become members of the Association. 2. Agency to Administer the Agreement:. The Association as co~sti~u*ed by this Agreement is designated as the ager..y to administer this Agreemv~t. 3. Powers of Association. The Association shall haves the puwc:r, in its own name, to make and enter into contracts, to employ agents and empluyees, to acquire, hold and dispose of property, and to incur de bts, liabilities or oblis;a- tions necessary for the accomplishment of t.~e purposes o£ this Agr.~F~rnent The exercise by the Association of the power to su e or be :;ued in its uwa name shz11 be subject to the restrictions on the exerc:se of such power applicable '•~ the County of A1ame~.a . 4. Contributions and Payments. Contributions in r}Te form of yearly membership as_essments shall be made annually by the par*_ies to 'his Agree;;eat frem the treasuries or other available public funds of the parties far the pur- pose of defraying the costs of providing the annual benefits a~cruiag directly to each Marty from this Agreement. A! 1 such payrn.:r.ts of ~i>ut11 i~ funds shat 1 be paid to and disbursed by the ASSOClctiOn, which shah bF strictly ac•_uur.rable for ali funds sad responsible for repurta.ng to tze parties hNreto crr~crrai~~e all receipts and disbursements. S. Amendment. This Agreement inay be ar:;e nded at any time by thr wt itte^ agreement of all parties to it, or by amendment of the By-Law; in thr ::;ar.~er provided therein. 2 6. Duration of Agreement. Thia Agreement ~'~hell continue in effect until it is rescinded or terminated i*: the manner provided in the Ay-Laws; provided, that the termination of the Agreement or withdrawal from memberr-hip in the Aseocia- Lion by individual counties or citi:s ~hnll not operate to terminate this Agree- went. 7. Disposition of Property upon Termination. Upon termination of this Agreement any property acquired by the Association under this Agreement shall be dfstributed among the parties hereto in accordance with the respective contribu- Lions of each of said pa: ties to the cost of said property. 8. Disposition of Funds upon Termination. Upon termination of this AgreeL~ent ary money in possession of the Association after the payment of all costs, expenses and c'rarges validly incur;-ed under thi: Agreement shall he re- turned to the parties in proporticn to their contribution determined as of the time of termination. 9. Execution of A~reemr:t This Agree:ner.c shall be effective upon its execution by five (S) counties and forty-[wo (4:') pities. Executed by Cl:e l` 1 ~ `~ of \ v ~~ ~. ~ t ~ t!(, thi s _!) ~Li day o f ~~ ~.~ ~ v ~ ~ 19 ~i ~ i _ ~- 3 ASSOCIATION Ot+ BAY AREA GdiERtl~l°NTS BY-LAWS PREAMBLE • The Association of Bay Area Governments is hereby created as an agency established by agreement among its members pursuant to the Joint Exercise of Polders Act. The Association is organized for the permanent establishment cf a forum for discussion and study of metropolitan area problems of mucual interest and concern to the cities and counties of the San Francisco Bay Area, and for development of policy and action recommendations. ARTICLE I. FUNCTIONS The functions of the Associatien shall include A. Review o; Governmental Proposals. The review of proposals tur r.,etropolitan area or regional governmental units ur agencies, and the mai:in~; of appropriate policy or action recommendations. B. Study of Metropolitan Area Problems The idenci2icatiun and study of prvL-;-• ", fur,ct;uns and service-s in the San Francisco Bay `tt•trop~rlitan Area, and the tna;cing :+;':~~~~priate policy er action re:umr:endatiuns C• •,~thei FU^Ct l<~nS. $UCh other ;:IEtrUj>~_)l lfa~l car rei;l~-sal !l.~`~ t L~~nS as the Gencrral Assembly shall deem appropriate fur the Assuciati;~n ARTICLE II. DEFI;~ITIOtiS A Metropolitan Problem. A r::e~r„f>ulitan i,rubl~-:,: iti ,~~~ than cueets the following criteria 1. The geographic area in which the prubler.: is evident c:,usc include at least a i;ortion c•f each of the nine Bay Aria C<~unti~•s, ati enu::,c•: - ated in these By-Laws, and the sc~lutiun u2 which evident!v will •~~~' !>• achieved through conventiu~~al :r:ethods ur through ;nter cu~nty cup ~~e::+' iu•~: aid 2. A solu:iun is required t:y cunsider..t funs ~•1 i%ubl is h~•al tii, safety or welfare. B. Rei;ional Prubler,: A reoiunal i,ruble::: is ~r7e that ::,<<•ts all thc• criteria for a metropolitan problem except that the sec>gra,~hi~ area i•~~ lodes less than a portion of each county considered to ue within the :: etrui~~>lira" area as defined in these By Laws. C. Association The Ass~~ciatiun, as •used i•i these Y,y Laws. :..- r7 the Association of Say Area Govrr^:ne•~ts as rsta~iish~-c.+ by ~hrsc t3v [.aw, U. Ge^.e'al Assembly as used i*: th~:st• By La~:s. ::irons .i :::r~ ~..L ,~t the official rep resentatf~•cs o% the t::e~::.ers of the Assuc:atiun of flay Arra Goverrunent s E. Official Representative, as usEd in these Ey-Laws, means the Mayor or member of the governing body of eacrt me~r+ber city and the Chairman of the Board of Supervisors o~ member of the governing Dods of each member county, or their duly designated alternates. ARTICLE III. 1KEMBERSHIP AND MEETINGS A. Membership 1. All cities and ail counties within the a: ea of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San `tateo, Santa Clara, Solano and Sonoma, ate eligible for membership in the Assoc fation o: Bay Area Governments. The Mayor or member of the governing body of each member city and the Chairman of the Board of Supervisors or member of ~5e Governing body of each member county, or their respective alternates, shall represent such members in the General Assembly. Alter^ates shall be designated by tFe city councils or the boards of supervisors, ar.d must be members o.` these bo3ies, except ir_ the City ar.d County of San Fra-~:isco. The Mavu' of the Ci'y of San Francisco may designate as his alternate any offi^er of the pity and Cou^~y of San Francisco. This officer need not l)e an elected official r,f the Cir_y and County of San Francisco. 1. Each member county and city ~hatl have one seat i^ the Gen- eral Assembly. San Francisco shall be ~~ounted as birch a city and county fir purposes of membership Each city incurperated within th~~• •~i~e flay Area counties erumera±ed at~~;•;e after the f~.~rmatiun r,i the Association shat 1 a~•tu- satically be entill~c •u membership subject 'o enc• pro"ltil[~^s of sUt)s~•~''.lUrl 3 of this Section A 3 Me::.:~ershlp shall ')c• c,•atir'~;t•nr. upon t!'.e executiva u: the joint powers ay;reeme-= and !`.~e paym~rr*. ',y [•ach city and ~uuaty ut [•ach a^nua! assessment. •!i. Any CUUR'_y Ur C1 Cy 1R rt•r ~. _ ~~un'y :1Ce:1, Set turn, .n subsection A 1 of this Ar; i~ie II1, say h~•c~,,,t_• a :.~•-n:`,[•r .attar c.hr• i. leis! format'_On of Cl:1S ASSi:Cla!lUl, pr:JVldl"t}; all .)ruVlStc^, Ut AIt:CIc .ri .1•t met by the jurisdictiur~ se•eki:~}; mrmbersrtip. li. Meetings 1 Regular mee'.ir.gs cf t~;e Crn~•ral Assetr.blY sha!; i,•~ h[•1d twi.'e The tin:r, dale, and luca~:,r.t ,,i birth :rs;ular .::ec••. :y> ~;: the G~•neral Assembly shall be determi^ed l:v thv Exe~urive Cut:enlr ere each year. The an Dual mee!ir~~; sftal l ',r hF•Id in tF_• t-.,,,n:h uI E'rbru~a:-ti' ~a~d the• other regular meeti-rg ir. the fall. Spe~:ia! tn~retin;;s of !hr G~•^.rral A>>~::~:)ly may be cal led by the Executive Cu::uni [ ~e~• upu•1 its own taut ion and steal 1 b~• called by the Executiv~• Cumnittee upon writ*_r~~ request a+. 15 tr.e:nber ciri~•s and 3 member counties- Ten days' writre:~ •tutirr of a spatial :^ec:tinh 5}tai t F.~ given to the offfclal represe•itativr_ of eac'r :n~:ai.rr courts a^d city An .tC,r•~[la sprci- fying the subject of rh•• spe::?al n,erti!tg steal. acc.,c~~,,r+rv 'h,• ~~!i 3 ;1Jt1Ce of f;i):!: r~•tuia~ ,aerr:njs „f Cho (,cgrra: A~~r::.:,:~' ~!?all be given to the cffic_al r~presentati•.r u: rac_h ..,.t:~i~c•r tiro^ty ar.d ~'%~• at least 30 days prior to each ::~eetin.g Ar. aKr-:da tur the t:.ec*ing steal! a~_[~>:::,:1+rv th~• notice. ., 4. The Executive Coan-ittee shell. meet at least four cimes each year. Additional meetings shell be held uN«n the ca.il of the Chairman or upon the call of five members of the Executive Committee. 5. Other Association co:m~itteeE shall meet on th^ cnil cf their chairmen.. ARTICLE ?V. GENERAL .1SSEMBL': The powers and functions of the General Assembly shall includ e A. The making of policy decisions End the determination of policy mars; for the Association. B. Any official representative may at any r,.eet~ng ~~f the General Assembly propose a subject of subjects fee study by the Association "Che Gen- eral Assembl;;~may take action upon such propo~~als and, it requested by any official representative, deterr:ine vhethar a s[udv will be made of ttie subject or subjects so proposed or may refer such subject rr subjects r~ the F>:e~~tive Costsn i t t e e. C. Any official representative r.,ay at •~ny r..rr:i~t; .ri the Ge•recai Assembly request review by the General Assr:::bly : : :,~.~: :act iun of the Exec ut ivc Committee which has beCn tai: en be'wee't :-•eet inks` tht• Cc•~•~ral As«•~:b1v D. Each year at its annual T:c•rtin., :'~,~- r;ene•:Ai r•::s~•::~i>iti• shall review the proposed budget anci assess~e^.t schrduiE• s~i.`,::.i?trd t,y th•• Ex~•~u!i.•:• Cu:^~ itt~•e and shall adopt an an^.ua budget and an as5esr,c,ent schedul r ARTICLE V. EXECL'I'IVE CCMMITTEF A Exeeuti~:• Committee There 5ha11 be ar Executive C~~::a:~ittee .,f the Association c~hieh shai l b~• ur¢ahi ~~d and shat i be rti•5,>,~nsible E~>r tune t i~~ns as hereinafter se' forth. I Membersh~ The :rembership c:f the Exec ut ivc C,~iru::i t t er shall be• a. The c;fflcial representative irc~::: c"~e ut 'he :r.c•::a,c•r itte~ in each oI the nice i;ay Area cuu~tltrs enu:aeraTed in Sr<'=~~'~ A 1 ~•t Ars:~ie III above, to be appuinted by the mayors of r.,er.her cities r.~eeti•,~; it ~,,•::err^:e i~~ each county. b. Thy official represert'att•rr each ~~! the :::e::,Ler •_,>uatlr5 c The Yxec ur ive Co::~ni t t c•e r.:embrr s , h~~sen under Sut ,r t 1 uns (a) and (b) above may collectively elect nut tc~ exceed :•ix ~thc•r •-•e:•;her, ac large from among the elected legislative offic.ais ~~: the cit.-s .ind cru7tie5 ~~: the Eay Area. !~!emt~ers so chosen shall serve- one year :~r:::s ~:n `.ull aid .-<~ual members of the Executive Comi:atcrr d The °reside..t and t'l~r Yresldt•nt ~; the A5s•~Clx::~ t~.hc~ shall be er.-officio vo*_i:~g mec-~berr: of the EX.rC~JCIVe C~~.:~:iCtee 2. Terms of Office. Execuciv¢ Comiair.tee m~.b«rg, other than the President or Vice-President of the Asaociatlan ens the GxecutxY~ C~±tre= mera~- bers-at-large, shell serve far terms of two y^~ars. .'.rYviD'uy~rata to the executive Cossdttee ahfill becoese effective bi~nniaLly on July 1. The first appointments to the Lxecutivr• Couaaittee afznll be made within thirty (30) days after the Agree- ssent forming the Association is effective, end the terms of ouch members first appointed shall cotrmence ynaediately upon their appointment. The terms of one- half of such mead era ft: •t appointed snail terminate on July ?., ty61, and the terms of ane-iadli Ui ac!ch we:.~.ere first appointed r,hall terminate on July 1, 1962, in accordance with the proviaior.s of r.rticle V. A. 3. Successive appointments to the Executive Committee may be ts~=de at the diacretton of the appointing authority. 3. ;;ts~gered Termn. The tE.rWs of the members of the Executive Committee, other than the 1?rzsident or '~icp-P;-eaident or the members-at- la*ge, shall be staggered sc that the terms of apo-oximnrgly one-half of the meml;srs shall expire Baca 3•ear. The terms of ckr:: neml~erri of the Executive Committee rep- resenting the citi<~a in the Counties of E.iaaeda, Mario, I3apa, San Francisco (mayor of his repreaentati.re) sod Senta Clara, ar:d the c<•unty representatives from thr Counties of. Contra Casts, San Mateo, Solano ar~d Sonoma shall expire in the ~ven- -:~m+bered yzara; and ti-e terms of the members of the Executive Conunittee from the cities an the Counties of Contra Cosca, Sr.n M<rteo, Solano and Sono,na, and the county representatives from the Counties of AJ.ameda, Marin, Atapa, San Francisco (representative of Board of Supervisors} an:~ ;;ants Clara shall expire i-, the odd- numbered yearn. 4. Officers. The President .any: Vice-President of the Association shall he chairman and vice-chairman respectively of the Executive Committee. S. Duties. a. The Executive Cc~ittee shall review and m2y revise, amend, increzse or decrease the proposed arr.usl bud6zt as prepared by the Execucl•.~e Direc- tor. Each year the proposed budget and the assessment schedule based upon sots proposed budget, as approved by the Executive Committee, shall he submitted to thF General Assembly at thL annual meeting. After adoption of thc~ annual budget and assessment schedule ty the General Assembly, the Executive Committee shall control all expendit_.:res in accordance with such b:~dget. T:re Executive Committee shall have power to transfer funds within the total budget amount in order tc~:r.eet unanticipated needs or changed sic- untions. Such action shall be reported to the general Assembly at its next meeting. At each regular meeting ~~f the General Assembly the Execu- tive Committee shall rep or :: budget and financial transactions since the previous regular meeting.. For Che purpose of considering budget matters, the Executive Comrittee mxy appoint a Finance Subcommittee consisting of six members c,f the Executive Committee. Three members of the Pintr:~cr Subcomrattee shall be county representatives and three members shnil be city represen:-•~ives. b. The Executive Committee eihall submit a full report of its activities at Che General Assembly's annual r~ee~ting in February of each year. L c, Th~~ Erco+:cive Committee shall tv.ve tttie authority to ap- aoiat, fix the salary of and r~rrtwve Pr. Ex~ccutive Dl:ector of the Aes,~ciation and sha:I have the authority *_o ::reat~ seed diacont±m,e pasitions in the office of the Executive Lirector en:i fix ae.iaries. a. The Executive Comm.i:.tee s;~all have tae power to appoint committees to study specific problems, programs, ~r other matt-ere which the Executive ;.ommittee or General Aea~bly have ~~pproved for study. e. Recrmmenc':ticla from ces:anitters for policy decisions shall be c-ade to the Executive Consni:tee. Thc~ Executive Caronittee shall submit such recomxendations with ite comr•rnts and roc:orrmendations to the General Assembly for action. f. The Executive Committee shall be responsible for carryic~g out policy decisions made by the General Asse::~bly. ARTICLE VI. VOTING manner.: A., Voting in *_hP General Assembly ~rrall be conducted in the follo:+ir,g 1. A quorum of the General Assembly shall consist of ~ rna.jori.ty of the offi_iai city representatives end a :-lajority of the •official county rep- r~sentatives. 2. l;ach official county representative and each offiri.al city represents*_~ve shall have one vote. Votes shall be tabulated seer ately fir coup*_y representatives and for city representatives. The affir:r.'iv~: votes of d majority of a quorum of county representatives a'ld of a rra joy ir_y of a quoru- of city representatives are required for p-.!icy recommendati•~ns or action B. Voting in General Assembly meetings may be either ~y vviCP or rcli tail vote. A roll call vote shal_ be conducted upon t:,e demand of five official representatives present, or at the discretion ~f the aresidng officer. C. Voting in the Executive Comrnitte~~ shall be cc.~ducted i^ the fol- lowing manner: 1. A majority -t the memh~rs of the Executive Committee shati constitute a quorum. 2. The affirmative votes of a majority u` the quururu are required for action by tae Executi•/e Corr-:~ittee with the exceptions set oul. belo+: 3. In ordar :.o recomr.~end the annual budget cu the Goner? ~ Asses-:- bly, the affi•mative vote of nit less than a m.~ jurity of the Executi•~r Cvc:.::ittee membership is required. 4. In order co appoint or remove the Executive llirectc'r, the atfirmative vote of not less than a majority of the Executive Comr:utsee :rc:n!;er- ship is required. D. All other committees of the Association :ray act upon the- affir:ative vote of a majors*v of the Cocr:ittee .nembe_s present. 5 nFITICL$ VII. ~'r'YCERS, ELEC'i IONS Alv'T) L'AGINCIES A. Officers of [he Association sh~+ll consist of a Pre:aident, a Vice-- Presilent .end a Secretary-T*nafurer. • R. The Presidett and V~cc-"refrident shall be ::hoR+sn annual'_; from amotrg the official representa,iveR in the following mRnner: A Nominating Co+*,- miticc consisting of not lees than six official iepres2n•.atives shall be ap- pointed by the retiring Preaid~:nt at least two weeks ~;~ior to the annual meeting of the General Assembly. This Co-r_s,itte: shall propose a slate of candidates for the offices of Presider,t and Vice-President :Vominatiun4 may slat be made from the :loot by any official representative presen~ A rrkzjo*ity voti~ of the official r%p~~anntativPS prFSent is required for election to any office. In _he event suct.:aejotity is not outair.ed for any office on file first ballot, a secon~; ballot sh•~11 be taken with the voting limited ;c the two candidates receiving the highest number of votes on the first ballet :or such of `ice The President and Vice-President of -he n~~soc;r.tlOn shall alter- nately be a county representati-~e and a city rep-esc-rtative C. Elections shall be held a[ [hP Assembly. Newly electe,l •~fficers shall. take ing. An.exception to this pro:educe steal' b President and Vice-Pr•eafdent. I^. ordei tear Association affairs, the :first F•rc~side^- 3:~d the Executive Comr::i r tee. annual meetfng of the ;eneral c3ifice on adjoLrnme^t ~f this meet e :wade for the ini~ial ~•}E•ctic.^ •,f a initial direc•iun m.~y 7e Kfve• ti i:. Freside-+' steal i bc• cclecr,ed '., D. Each i:erson who is ar. ofiiciai reprc•s~-ntati•e steal} -.•ase t•~ 5e such immediately ~:uon his ceasing fur any reason ru be th<~ r.:ayc~r : r '~•<':-.~,e r of thz legislative budy of a member city or :hairr.:an of a bead .•` sine':••,sc~rs or mem• 'r of the legislative bod,• cif a r.~e~:h.•- cuu^.;v Amy ~ fifer-:3re Snail i:s:edi- atci, be disqualified and chase tv ue su.h alter^ate a}:can pis ceasi^1 '~~ by a member of the lF•gislativc tx~dv u' the .~L•[ai~t•r ~ u~.,~t; city .;hick s d~ si~na~e:; hit.,. !'. A vacancy shall irruurdiately uctur i the office cf Pr~Sicr~t ur VicE-President upon the resignation ~- de.eth of :he ,~~rs.>•1 huldi•r;; Su:h •rf:i.ce or open his ceasing to be a~ c:official rel,resen•ative „f a :r.er.:i.rr it. -.~r cot;^ty L'pon a vacancy occurring {n the office of President, tt~=- ~~,;~ PreSi~:~••~• shall automatically and without further acti~~^. beroma~ Preside- t:~r ;he b-~ia~_e ~~f the unexpired term. L'pon a vacs, cy u~:r:rri~~r~ in tht cffic~i ~~: rice Pr~~sia~•~', the Executive Committee shall select .i ';ice Pr esiden~ fru•:: am~~~~T{ the of _ i• ia! rely z~sentat.•~es to serve fur •he t~ala•~ce of ?:~e u :~~.{,i-r('d tern, • t. In the c-vent a•~y city or cu~•~;y ::,e,abcer of the Er.ecltive Com:,i, tee steal) for any reason cease to be :~ :r.e:aber ~~f ~;;r guverni^g budy cif 'hE rimy or county, the vacancy thereby created o~ :,hE Er.e:uti~e rGmmi;tee shy'.'. be filled for the unexpired term i~ the same :::;nner as t!~e ur_ginai a{~pui^t:~en~ is r-,ade. 6 ARTICLE VIII. EXECUTIVE DIRECTOR Ttsc Executive Director shall bE~ the Chief Administrative Officer o_' the Association. The powers and duties of the Executive Director ere. A. To appoint and remove ell employees of the Association. B. Annually to prepare and present a I>roNo~,rd budget to the Executive Committee end to control the approved budget. C. :o serve es Sec-etary-'treasurer of the Association and of the Execu~ive Committee. D. To perform such o_he- •d a-i.ittional duties as the Executive Committee may require. ARTICLE IX. FUW!~CES A. Fisca! Yea:- The fiscal yr; ~,~ ~t:e e,.,~ r 'i:a :u ~ .A. _F on July i. ` . B. Bud;~Et Suhmissicn_a-;a Adol;.i~_~ Thy- budz~t ,• .t~~• ASS~`:a-i,~-; shall he submir_ted to the F_xecJr ivt C~.•-~.:i :cF••- :,y th.• c:,tcu~ ive D:r.- ~ ~r c^ oz 1?efOre January 1 Cf ea ~h year ThE' aZ''~a: `•-: `iK"• .",~ %:SSrS S::tf•^•r 5_ :~'"'.::iP shall be adopted by the Ge^era' ksse^.~:iv .•. :n~,-- :~a~ '1ar_h i •-a::, :ear. C. Yea-: ~ t•:er.:bership As~rss:~c^' Ear l: v.-a- u,,:~ ad~.~i~t:-;- ;t;F annual budge*_; rt.e Ge^e:al Assr::bi~• ;tali `ix. ^,••^,t,rrs~7:., as,c•,,~::~-~r; - a„ berx of the Assoc ri a:r.c~res - - `.c^.- ia_ c: --, sutf:c.er.. t- p-,,v.c•- *_hr :;.nos _ •-..d the budget. Any -ember ci'y c;r c;~u•.,•.y uh~.sr•a-;:;ua:.; asse~s:ren' t:~s - ; J~c•e-: ;~a1d by the tfr.•e of the annual see!i~;~ steal! _.< r hr rn~:tlyd ; •;c;t,• ac s•,:_ ::r~':n,~. The amou:tt of earti member • ; assFSSr.:e :. _ '+t'a!1 hr ue'e': -'ed in ac •-~.a-.:.. ~;•t- the formula set out in paragraph "D" ~o! =•~vi::s~ D- Me`h~•d Gf A~stSSracr'.' '1!-.e a:'tu.+! asp •~:;•cr"r f„r :`e::.~c'- •~~ Association snail be b,:sed uh^• t>~:p~'.atiu^ 3s dot:. :i^rd b', the ~_d-_ -;,:,eY in ..ia;ci•:g the mos: teceet a11o•.a;iur. ~ amities ar:.i _ou-:tie-. pu•5u3,.- _ _~e Motor L'ehicle License °ec< Law Or.e-half of the te•31 bud,,. r shalt be paid bti• the :::er:h~r counties ar_d one-half by the :re:aher cities 1''a:~i c.•n:::ty's -issess::ent sha!i be a pro~:crtiun- ate share -f the :ou^.•_ies' ~.:~c--half cf the budget total, deterr.,i:-:~d by tl:e racio q of the ir:dividual ccur:ry's pol.Lla[i.;, 'u the total population of all r.:rmbe~ counties. Each city•s assessmrr.t shall be a pruporticrate share of the cities' i one-half of the budge- total determined by the rar_i:~ cf the it:di•;idua'_ ~iCy's population to the total l.c~pu!a~~~,-, of all •••~r::t~rr cities. These a:nou^cs sha1: he ' expressed bur.h c. r. a pe - ~ai:i t:~ basis a: d as a du] la: a:nc:.nt u_` the to::al apt-roved Association budget f::r each final year. Fir pr,-;,uses u~ assesse:e^' S~=:-: Fra~c~ s ~ sF~al i be considered as both a city and a '-r~r:ty E Annt;zi Audit Th:F G'xe~.ct. •.•e Cc•r,;:;i•tee steal! cause a a•:.^:u~i Audi! of the f1::anc•al affairs cf th.e A:;sociatior. t~ be :::ado ~y a c~rt_fi.rd public accountant aL the end of each fiscal year. The Exec•~+~ive Committee shall employ a certified public accountant of its choosing. The r.Ldit report shall be made available to Association member cities and counties. ARTICLE X. STATITfC~tY A;TTHQtITY. The Association of Bay Area Governments shall be an agency established by a joint posers agreement among the Q-emhers pursunnt to Title 1, Division 7, Chapter S, of the Government Code of the Sate of California. ARTICLE 7CI.' idITHDRAHAL. Any member city or county may, at arty t::me, 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 o1' the jurisdiction wishing to with- draw. Such resolution of ire ant to withdraw from th,~ Association must be given to the Executive Director ' y r `+.~ •rithdrawing jurisdi--ticn at least 30 days prior to t:~e effective datE e: aith'• ' ARTICLE X: I . AMENDNtEhZ'S . Amendments tc these By-Laws may be pzcposed by a:~ official representative or by the Executive Committee. If proposed by an official representative the amendment shatll be submitted to the E~cecutive Comr.~ittee _.c least 45 days prior to an annual meeting of the General Asse::bly Each ~zoposed aTendment shall be considered by the Executive Committee and a copy tnereoi, kith the recommenda- tions of the .Executive Committee and ics rea~:,ns there_'or, forwarded to the official representative of each member jurisdiction at least :s0 days prior to Lhe meeting at which such proposed amend.:.ent ~~+ill. be voted upon. A majority vote of the c~un`y representatives present and a majority vote of t!+e city representatives prese~ t are requi~~ed to adopt an a.;~endment ro these By-Laws. If, withic: 60 days afr_er the adoption o: any a:;e~dment, one-third or more of the official representatives protest :such 3mendr:er'., it shall automatically be suspended until the next meeting of the General Asse-bl,, when ic. shai? be taken up for -econsideration and vote as in the first instance. ARTICLE XIII EFFECTIL'E LATE. These By-Laws shall go into effect ic-::~diatcly ui.ca the effective date of the Agree-~+ent . Fs ` ~~ CITY 0'P BERKELLY CA'(. IF (R NIA June 3, 1960 The Honorable Chairmen at:d l:ember s of the Board of Supervisors and The Honorable Mayor and Members of she City Council Gentlemen: For several months the undersigned Joint Committee of Mayors and Supervisors has been iu the process of formulating a set of By-Laws and an Agreement under the Joint Exercise of Powers Act of th.a State of California to form an Association of Bay Area Governments. This Joint Committee has now completed itsi work. In accordance with the action taken at the meeting of County representatives and Cit:y representatives held at the Claremont Hotel, Berkeley, May ~, 1960, we submit the enclosed By-Laws and Agreement to your Honorable Body for official apprryval and execution. These dociunents co.:tain the amendments approved at the `day S meeting, together with some minor technical_changee. They are, however, the same in sub- stance as thr_ agreement and by-laws previously discussed and with which you are fbmiliar. The Association of Bay Area Cover rnr.ents is to be organized for the permanent establish-- s.tnt of a forum for the discussion and study ~~f metropolitan arts problems of mutual interest a*id concern to the cities and counties of the San Francisco Bay Area and for the development of policy and action recoaanendations. The Association is not a governmental or quasi-governmental agency. It will not itself operate r~ny metropolitan function nor exercise' any governmental powers. Its purpose is to develop studies and policies for discussion b~~ the representatives of the cities and counties in order that they may recommend actions, believed tc be necessary to the member boards of superviscrs and city councils. Specific areas of research, study and re:co.:Tendation on the part of the Association. would incl,;de the review of proposals fur mPtzoFcolita.n area or regional governmental units or agr:ncies, and the identificatior• Snd stu~'y of area problems, functions, and services .c: the San Francisco Bay Mt~tropoiitan Area. Examples of the problems, functions and services which would be discussed and stueied by the Association rnd upon which recommen~rations would be ma de could we_1 inti'ude matters such as the following: (a) Proposals for legislation which are nok• bfing developed by various organizati.as to esta'~lish a Golden Gate Authority. (bi 1he proposal for legislation to establish a Regional a regio,_al plan, as proposed by several groups. (c) Proposals which have been advanced from ti:ae to time and building causeways ar.ross the Bay, whether called the Reber the proposal by S~:.ator Dolwig, which recently appeared in tF.e similar dEVelopment, P1anr.ing Agency to deve: o;. over [he }ears fcr dammi:~ Plan, the Webber Plan o= press, suggesting a ~;ome-~•bat (d) Proposals for modification, expansion or chanhe of existing regional services such as water pollution control, air pollution co~itrol, and rapid transit. (e) Z':~e recently suggested establish~nen!. of "green bel ta" or regional park a;td recreation area; around the periphery of the densely populated core of the Bay Area. (f) Consideration of thr, proposed lalifornia Outdoor Recr~stion Plan, which has important implications regarding the possible consolidation and transfer of local recreation facilities. The Association of Bay Area Governments, through its staff, would conduct factual studies and analyses of s~rch problems an~.i p;coposals. There could then be full and com- plete discussion of the zesults of these s:»:f studies by the representatives of all of the cities and all of the counties in ': he B+~y Area. After such discussion or con~idera- tion the Association would make recommendat:'.one to each board of supervisors and each city council for action. 'fhe Joint Committee of Mayors and Supervisors, being firmly convinced of the necessity and desirability of the Association of Bay Area Goverrnnents, respectfully requests your approval and execution of the Joint Powers Act Agreement and the By-Lawm, if at all possible, by July 15, 1960. The Joint Committee stands ready to provide arty further information regarding any aspect of the proposed Aasoci.ation, ir. the form of either written mar.erial or a personal expl+~nation, immediately upon your request In requestinng further information, please contact either Mayor Claude B. Hutchison, City Hall, Berkeley (TH I-0200) or Supervisor William C. Blake, Board of Supervisors, City Hall, San Francisco (HE 1-2I21), or one of the membezs of the Joint Committee from your county. Each. County should return a formally e:~ecuted copy of the Agreement to Supervisor William C. 31ake, Board of Supervisors, City Hall, San Francisco, and each City should return the executed copy of the Agreement to Mayor Claude B. Hutchison, City Hall; Berkeley We respectfully urge your favorable consideration of this important matter. Sincerely, Members of Supervisors' Co~-.•~ittee Kent D. Pursel, Alameda County James P. Kenny, Contra Costa County Vera L. Schultz, Msrin County Albert M. Lauritzen, 1\apa County T. Louis Chess, San Mateo County Wesley L. Church, Sanr_a Clara Counr_y A. L. Lopes, Solano County weigh S. Shoesa:cer, Sonoma County t~illiam C. Blake, San Francisco County, Chairman Claude B. liutcf,tson Chairman, Mayors! Committee ~dilliam C. Blake, Chairman, Supervisors' Gorrun? ttee Members of MayorE' Coarnittee Theresa J. Henuneriing, Napa Clif.erd E. Rishell, Oaklarc~ ?noel Porter, Palo Alto Leo Via no, RichTOnd George Christopher, San Francisco Louis Solari, man Jose Clyde S. West, San h;ateo John F. N.ctnnis, San Rafael James Logan S-nith, Santa Rosa G. Wilfred Hewitt, Vallejo Claude B. Hutchison, Berkele;, Chairman ~ ~ . A6REfNF~!' REiATING TO THE T'RESERyATI04d llf OPEN-SPACE I~MlD IN ?HE SAN FRANCTSCA BAY AREA Tf{LS !~REEtiEN: is made and entered in'co by and bet~,~een the Association of Say Area Gover*.iaertts, hereinafter called the Association, and certain county and city gcverrments and other public age.~cies, each of which i•' hereinafter caL':~d a "Riblic Agency," within the California counties of Al,au-eda, Contra Costa, Harin, Napa, San Francisco, San }~2eo, Santa Clara, Sohano and Banana. X:iEREAS, Titie 1, Division 7, Cha~~ter S of the Governmen~~ Code of the State ~tf Califamia aurhorizes the joint exercise by agreement of two or more publ:.c bodies or" ary power cor~on to them; and WHE1?F.AS, the Association has been created as an agerc:y established by agreement among its members pursuant to the .Joint Exercise of Powers ~'~ct for development of policy and action reccx~endatior.s concerning metropolitan and regional fair%tion,~ within the :,ine counties enumerated above, her~oinafter called the Bay Psea; and WtiERF_AS, the Assn^iatinn has ass:sr;.ed the responsibility for regional planning in the Say Prea a~u has completc•c generalized land use and open-space inventories; and ~+'HER£11S, tho' 4ssociatinn is ur.de.-taking the preparation of a Regional General Plan with open-space, shoreline, circulation, and land use elements to iserve as a general framework and buide fir t'r~e coordinated development ~f the Bay Area; and ~~ 3 ~t~ ~ ~ ~J • • ~'A~E Tw0 f +1 ;~ 4~iFRF~4S, each Public Aaencl+, ;pursuant to State or local laa~, exerc:aea, 4 P or participates in the zxercise of, r~~epons:bilities for the preservation of upon-.apace land in all or a portion o;E the Bay Area through the acgeieition } by glft, purchase, or condeamation of title to or other permanent :.nterests in undt~velnped land, or predominantly undeveloped lard which has value for park and recreational purposes, conservation of land and other natural resources, or historic or scenic purposes, anu :a^ires t~~ cooperate with the Association and all of the other. publi^_ agencies in the preservation of such open-space land in accordance with the open-space policies for the Bay Area, now being e9tab- lisped by the Assxia~ion; and WHEA.£~S, 'iitle VII of the Housing Act of 19G1 authorize: the Housing and Noce Finance AdminiGtration to help rinance the Zcquisition of title to, cL other pez-sanent intcr~.•sts i.l, c,pen-~tac~ ]ar.d. IOW, THEREFORE. `HIS AGF.:,:*fL:~'. :~'?•1?:i:~`~:,'I"~, That the association and each Public Agency do agrc e =~ s fol i~:ws 1. It is the intention of the parties hereto to cooperate with each ether in the joint ?:~ercis~: ~:I re.~p~ns:_bil.ity for the acquis~.tion and preserva- ti.on of peroanent open--space land in the Hay Area and in the development of such plans, policies and procedures as will bast promote this objective. 2. As a basis for programs for the acquisiti~~r of tit-lc tu, or other penaarent in~erests in, land tc b~ uses: as open.-space land, each Pub:~ic Agency shall transmit to the Assxiation a long-rr.nge, open-space pl::n for the part or pa is of th1 Bay ..°.rea for which sue':, Public Agency exercises ~r participates ire the exercise of responsibilities for t}~e preservation of open-sl,ace land. T~~e Association shall utilize the plans so transmitted in developing a co rdinatE:d Regional Open-Space element ~f the P.egional General Plan cr modification thereof. Gpcn completion by the Association, the Regional PAIGE THREE Open-Spaoe Elenent ehal.l be the basic guide for acquisition of regional open- space land by each participating Public Agency. 3. Prior to the acquisition of title to, or other permanent interests in open-space land or, whey. Federal aid will be sought; prior to the filing ~f an application with the Housing and Home Finance Agency for a grant under Title YII of the Housing Act of 1961, each Public Agency shall submit an open- space land acquisition program to the Association for review as to conf~rraance with the Regional Open-Space Ele!-lnnt of the Regional General Plan. Each open- space land acqu?sition program shall contain (1) a n:ail showing the location of the lard for whic}~ title, or sore other permanent interest is to be acquired and (2) a statement describing the interest or int<~rc~sts to be acquired and r_he open-space use or uses proposed for such land. 4. It is not the purpose nr ~~b,jective of the Association t~ .rake detailed individual sits plans or g~nvral local nark or playground plans. . It is understood tsnd abrved that each Public Agency ~;~~n•.rally in the exercise of responsibilities fc.r t):c• preservation of open-space land, shall be guided by *hu reviews, plans and policies of th~~ Association, provided that not7ing h~r~in contained is intend`d t~, r.~quire any Public A~,ency to take any action which it is not authorized to take, or to refrain from taking any action which it is required to take, pursuant to the Federal, State or local law under which such Public Agency is created or ender wnic}: it exercises, ~~r participate-s in the exercise ~f, re_~ponsibiliti<-s for th+, pres•~rv~+tion of oiler.-space lznd in all or a portion of nc~ B~~y Asea. 6. This agraem~nt shall be effcc*ice upon is execution by Public ftigencies exerr_ising Open-Space Land responsibilities fur at 1:•ast ~,~~_ r,f the geographical area involved within the nine-county San Francisco fi~:y Area. Thereafter, additional Public Agencies may, iron time to ti:.e, .~%,_cut.• this . ~ P11GE FOUR agreement', and such exECU:ion, subsequent to the effective date of thi.ei a~r,:e- merit, shall not be deemed to require its re-execution by each R.ib.Lic A,g~ancy ~hfch had theretofore rxscuted the same. r ~°- ~-` ~ ` ~ ~ r' ~• this ~'~ ~[ Executed by the C ~ r "t of _ __~ _ __ ~~ day of r~~C v S ~ ,19 ~~ . ~- '~-. ,~ ' ~ C Execu:`.ve Direc~ur Y ~ccr~~tar:-Tr~.a>>~r~~r ASSUCL'~TIO'~ OI' b ,Y ~'1TZH~~. 0~~~'i.::_'.`'~:'~ 1' '• c ;,_,. ~~tt:•st ~- R ~ ~ ~ 1 ~ t t ~i ~ ., ..