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.
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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 _
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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.
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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.
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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