8G Consent 2012 0604 - Laserfiche WebLink

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File Number: 12 -249 findings, the Program's Management Committee is recommending that each party to the Agreement approve a new Agreement to accomplish the following objectives: 1. Improves equity by making changes in the allocation of Program costs and voting shares; 2. Increases flexibility of the Program's operations by allowing Parties other than the District to take on the role of program manager and fiscal agent; 3. Establishes a new 15 - year term starting July 1, 2012; and 4. Improves clarity by adopting a new stand -alone agreement that incorporates the changes described above as well as a number of minor additional changes to reflect current conditions. The modifications are described in detail below: Proposed Changes in the Allocation of Costs to Improve Equity The current cost sharing formula for the Parties to the Agreement is weighted evenly based on the relative area and population of each municipality with a minimum cost share of at least 1 %. In review of the Program budget, approximately 22% of the expenditures are not affected by area or population. Thus, the Program's Management Committee recommended that these costs be allocated equally among the member agencies. The remaining 78% of program costs will be allocated based upon the existing formula of 50% population and 50% area. The Management Committee approved these recommendations in September 2010. San Leandro's cost allocation will become slightly higher from 4.82% to 5.15% as shown in Table Proposed Changes in Voting to Improve Equity The Current Agreement requires a two - thirds affirmative vote of all allocated shares. (Voting shares are equivalent to the cost allocation.) Under that system, the largest Parties have a great deal of influence and the smallest Parties have very little. However, many issues the Program considers are not related to the expenditure of funds and smaller Parties may have more significant concerns regarding some issues than the larger Parties. To address this issue, the Management Committee is recommending that, for most issues, the voting requirement be changed to a simple majority vote of the Parties to the New Agreement. However, adoption of the Program budget and changes to the New Agreement would require an affirmative vote of both a majority of Parties to the New Agreement and a majority of allocated votes based upon the new cost allocation. Proposal to Allow Any Party or Outside Contractor to Provide Program Management Services Alameda County Flood Control and Water Conservation District staff has provided management services to the Program since its inception. The Management Committee anticipates that District staff will continue to provide management services to the Program for the foreseeable future. However, considering the resource and staffing constraints currently faced by local governments, the Management Committee recommends providing other staffing options. The Management Committee is recommending that the Agreement allow the Management Committee to select another Party or outside contractor to act as Program Manager in the event the District is not able to continue providing program management services or if the Management Committee determines a change is necessary or desirable. Proposal to Allow any Party to the Agreement to Act as Fiscal Agent City of San Leandro Page 2 Printed on 512912012