Resolution No. 5659
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RESOLUTION NO. 5659
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON CONFIRMING THE "JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF LONG BEACH AND THE CITY OF LOS
ANGELES TO BE KNOWN AS CONSOLIDATED
TRANSPORATION CORRIDOR JOINT POWERS
AUTHORITY" AND APPOINTING A MEMBER TO THE
GOVERNING BOARD
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WHEREAS, that certain agreement entitled, "Joint
8 Exercise of Powers Agreement Between the City of Long Beach and
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the
city
of Los Angeles to be Known as Consol idated
10 Transportation Corridor Joint Powers Authority" (hereinafter
11 "Agreement") provides that certain public agencies including the
12 City of Vernon shall appoint a member to the Governing Board of
13 said authority; and
14 WHEREAS, the Authority will be empowered to develop a
15 comprehensive transportation corridor and all
related
16 facilities to link the Port of Long Beach and the Port of Los
17 Angeles to the central Los Angeles area through an improved
18 railroad and highway network, and will exercise the powers
19 enumerated in the Agreement; and
20 WHEREAS, the consolidated transportation corridor as it
21 is presently proposed will follow Alameda Street and a railroad
22 right-of-way which may take it through the city of Vernon; and
23 WHEREAS, the City Council intends to appoint a member
24 to serve on the Governing Board for the purpose of assisting in
25 the planning of the project and in order to represent the best
26 interests of the City of Vernon, its residents, businesses, and
27 industries in creating the consolidated transportation corridor.
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1 WHEREAS, the City council intends to confirm the
2 Agreement, but does not by this resolution relinquish any of
3 its duly constituted powers to regulate and govern its own
4 territory; to require franchises from any railroad which may
5 cross its territory; or to regulate the streets and highways
6 within the City of Vernon.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
8 THE CITY OF VERNON AS FOLLOWS:
9 SECTION 1: Findings. The City Council of the City of
10 Vernon hereby finds and determines that the recitals contained
11 hereinabove are true and correct.
12 SECTION 2: Appointment of Governing Board Member. The
13 City Council of the City of Vernon hereby appoints MaYOJ: Pro--
14 tem Thomas Ybarra as the Delegate and Councilman William M.
15 McCormick, as the Alternate Delegate to the Governing Board of
16 the Joint Powers Authority created by that certain agre.ement
17 entitled "Joint Exercise of Powers Agreement Between the City
18 of Long Beach and the City of Los Angeles to be Known as
19 Consolidated Transportation Corridor Joint Powers Authority".
20 SECTION 3: A copy of said Agreement has been
21 presented to the City Council concurrently with this
22 Resolution, and the City Council hereby confirms said Agree-
23 ment and orders it to be received and filed by the City Clerk.
24 SECTION 4: Certification. The City Clerk of the
25 City of Vernon shall certify to the passage of this
26 resolution and thereupon and thereafter the same. shall be
27 full force and effect.
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effect immediately upon its passage.
SECTION 5: Effective Date. This Resolution shall take
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A~
BRUCE V.
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APPROVED AND ADOPTED this 22d day of August, 1989.
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MALKENHORST, city,Clerk
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-- . LEONIS C. MAL URG, Ma r
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 5659, was duly adopted by the City Council of the
City of Vernon, and was approved by the Mayor of said City at an
adjourned regular meeting of the City Council held on Tuesday,
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August 22, 1989.
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11 BRUCE V. MALKENHORST, City Clerk
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AGREEMENT NO.
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF LONG BEACH AND THE CITY OF LOS ANGELES
TO BE KNOWN AS
CONSOLIDATED TRANSPORTATION CORRIDOR
JOINT POWERS AUTHORITY
This AGREEMENT, dated , 1989, is between the CITY
OF LONG BEACH, a municipal corporation, duly organized and existing under a
freeholders' charter and the Constitution and laws of the State of California,
hereinafter referred to as "Long Beach," and the CITY OF LOS ANGELES, a municipal
corporation, duly organized and existing under a freeholders' charter and the
Constitution and laws of the State of California, hereinafter referred to as
"Los Angeles";
WHEREAS, Long Beach and Los Angeles, acting by and through their
respective Board of Harbor Commissioners, to more effectively operate their
existing wharf and dock facil ities for the promotion and accommodation of
commerce, navigation and fishery, and in recognition of their concerns for the.
movement of commerce and its impact on the communities, require the development
of a consolidated transportation corridor and other facilities related thereto;
and
WHEREAS, Long Beach and Los Angeles are each empowered by 1 aw to
acquire, construct, maintain, operate and lease such a corridor and such related
facilities; and
WHEREAS, Long Beach and Los Angeles are of the opinion that the street
and railroad rights of way areas along Alameda Street between southerly of the
Santa Monica Freeway and the San Pedro Bay ports complex hereby made a part
hereof, the property should be developed as a comprehensive transportation
corridor and all related facilities linking the Port of Long Beach and the Port
of Los Angeles to the central Los Angeles area, through an improved railroad and
highway network, which may include but is not limited to:
1. The acquisition by purchase, lease, or other appropriate means
the railroad right{s)-of-way of an area approximately 150 feet wide and
approximately 20 miles long from the central Lo~ Angeles area to the Port
of Long Beach and the Port of Los Angeles;
2. The acquisition by purchase, lease, or other appropriate means
the railroad right{s)-of-way of an area approximately 150 feet wide with
approximately 70 miles of tracks, located within the Port of Long Beach
and the Port of Los Angeles;
3. The improvement of railroad tracks and related equipment within
and adjoining the right(s)-of-way;
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4. The construction of additional railroad tracks;
5. The construction of highway/rail grade separations or depressed
railways and the acquisition of related equipment;
6. The providing of site paving, drainage, lighting, fencing and
utility systems within and adjoining the right(s)-of-way;
7. The improvement of Al ameda Street between State Route 91 and
Interstate 10 and adjoining intersections and rel ated publ ic streets to
the specifications and requirements of appropriate governmental entities;
and
8. The acquisition, construction and installation by purchase, lease
or other appropriate means of 'other properties, real or personal,
functionally related and subordinated thereto.
All such facilities shall be collectively within the Consolidated
Transportation Corridor (the "CTC") and shall be contained and specified
in the Plan of the Consolidated Transportation Corridor (the "Plan of the
CTC").
WHEREAS, Long Beach and Los Angeles recognize that while other
government entities, the Southern Pacific Transportation Company, the Union
Pacific Railroad and the Atchison, Topeka and Santa Fe Railway Company will be
responsible for the funding and construction of certain aspects of the CTC, it
is the intention of Long Beach and Los Angeles to coordinate these aspects of
the CTC; and
WHEREAS, Long Beach and Los Angeles recognize that the cities
contiguous to the CTC and the railroads serving the Long Beach and Los Angeles
area have certain c.oncerns and interests in the CTC which must be considered and
addressed by the Authority; and
WHEREAS, Long Beach and Los Angeles recognize the environmental
importance of the CTC to potentially reducing vehicular traffic on existing
freeway systems and improving air quality in the Southern California region; and
WHEREAS, it is deemed advisable for Long Beach and Los Angeles to
enter into an agreement which will then ensure the implementation of the CTC by
the preparation of the Plan of the CTC, exploring alternative methods of
financing, acquisition, if necessary, construction, coordination of other
governmental efforts and possible operation of the CTC and related facilities.
NOW, THEREFORE, it is agreed as follows:
Section 1. DEFINITIONS.
Except where the context otherwise clearly requires, the capitalized
terms in this Joint Powers Agreement shall have the meanings specified in
Schedule A attached hereto.
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Section 2. PURPOSE.
This Agreement is made pursuant to the provisions of Article 1, Chapter
5, Di vi s i on 7, Ti t 1 e 1 of the Government Code of the State of Cali forn i a
(commencing with Section 6500, hereinafter called "Act") relating to the joint
exercise of powers common to Long Beach and Los Angeles. Long Beach and Los
Ange 1 es each possess the powers referred to in the recitals hereof. The purpose
of this Agreement is to exercise such powers for the implementation of the CTC
by exploring alternative methods of financing and developing existing property,
coordinating other governmental efforts, and possibly acquiring, constructing,
maintaining, operating and leasing of the CTC and related facilities. Such
purposes will be accomplished, and said common powers exercised, in the manner
hereinafter set forth.
Section 3. TERM.
The term of this Agreement shall be fifty (50) years from the date
the last party executes this Agreement.
Section 4. AUTHORITY.
A. Creation of Authority.
Pursuant to Section 6502 of the Act, there is hereby created a public
entity separate and independent from the parties hereto, to be known as the
"Consolidated Transportation Corridor Joint Powers Authority" (the "Authority")
and the Authority shall be a public entity separate and apart from Long Beach
and Los Angeles.
B. Governina Board.
The Authority shall be administered by a governing board of fourteen
(14) members, each serving in their individual capacities and shall be called
the "Governing Board of the Consolidated Transportation Corridor Joint Powers
Authority" (theo"Governing Board"). Two members are to be appoi nted by the Board
of Harbor Commissioners of the City of Long Beach, and two members are to be
appointed by the Board of Harbor Commissioners of the City of Los Angeles. The
fifth member shall be the council person representing the Harbor District of Los
Angeles. The sixth member shall be a council person from Long Beach and shall
be appointed by the Mayor of Long Beach. The seventh member shall be appointed
by the Los Angeles County Board of Supervisors and shall be a member of the Board
of Supervisors with an alternative member also appointed by the Board of
Supervisors, The eighth member shall be appointed by the Los Angeles County
Transportat i on Commi ss i on. The representat i ve of the Los Angeles County
Transportation Commission appointed to the Governing Board shall not be a member
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of or represent any other appointing authority to the Governing Board. The
remaining six members shall be a councilperson appointed by and representing the
city councils of the City of Vernon, the City of Huntington Park, the City of
Lynwood, the City of South Gate, the City of Compton and the City of Carson, each
city selecting one member.
Each member shall serve the terms below specified, at the pleasure of
the appointing authority with the exception of the fifth member. Each member
of the Governing Board shall serve a five (5) year term, except that the initial
(i) terms of members appointed by the Board of Harbor Commissioners of Long Beach
shall be a two (2) year term and a three (3) year term as determined by that
Board; (ii) terms of members appointed by the Board of Harbor Commissioners of
Los Angeles shall be a one (1) year term and four (4) year term as determined
by that Board; (iii) the term of the fifth member shall continue so long as that
member is the councilperson for the Harbor District of Los Angeles; (iv) terms
of the sixth,- seventh and eighth members shall be a three (3) year term, a four
(4) year term and a five (5) year term to be determined by lot during the first
meeting following their appointment; and (v) the terms of the remaining six
members shall be a one (1), two (2), three (3), four (4) and two five (5) year
terms to be determined by a lot during the first meeting following their
appointment. Vacancies during a term and successors following expiration of the
term of any member shall be fi 11 ed in the same manner as the ori g i na 1
appointments.
Members shall receive S50.00 per Governing Board meeting as
compensation. Compensation for meetings shall be accumulated and will be paid
with Authority's Revenues.
There shall be a three (3) member Finance Committee with one member
appointed by the Long Beach Board of Harbor Commissioners from its two members,
one member appointed by the Los Angeles Board of Harbor Commissioners from its
two members, and the third member shall be the appointed member of the Los
Angeles County Transportation Commission. The Finance Committee shall review
and approve, by a majority vote, all matters involving the expenditure of funds
provided by the Ports and/or funds from proceeds of bond issue(s) or other forms
of indebtedness incurred or guaranteed directly or indirectly by the Ports prior
to any action being taken by the Governing Board with respect to the use of those
funds. Any decision of the Finance Committee regarding the expenditure of funds
shall also be approved by the Governing Board. Funding received from any other
source will not require review by the Finance Committee prior to consideration
by the Governing Board. All funds received for implementation of theCTC can
only be authorized and allocated in accordance with the Plan of the CTC.
The Governing Board shall authorize the expenditure of any and all
Revenues of the CTC. Authorized expenditures shall include payments toward
incurred debt, operations and maintenance of the CTC, expansion and construction
of the facilities identified in the Plan of the CTC, reimbursements of member
contributions, and other obligations.
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C. Meetinas of the Governina Board.
(1) Reaular Meetinas.
The Governing Board shall provide for its regular, adjourned
regular and special meetings; provided, however, it shall hold at least
one regular meeting in each year. The dates upon which, and the hour and
place at which, any regular meeting shall be held shall be fixed by
resolution and a copy of such resolution shall be filed with each member
of the Governing Boa~d, the Boards of Harbor Commissioners of Long Beach
and Los Angel es, the Los Angel es County Board of Supervi sors, the Los
Angeles County Transportation Commission and the Mayors of Long Beach, Los
Angeles, Vernon, Huntington Park, South Gate, Lynwood, Compton and Carson.
(2) Raloh M. Brown Act.
All meetings of the Governing Board, including without 1 imitation,
regular, adjourned regular and special meetings, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph M. Brown
Act (commencing with Section 54950 of the Government Code).
(3) Minutes.
The Secretary of the Govern i ng Board shall cause to be kept
minutes of the meetings, and any notices thereof, both regular, adjourned
regular and special, and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Governing
Board, to the Boards of Harbor Commissioners of Long Beach and Los Angeles,
to the Los Angeles County Board of Supervisors, to the Los Angeles County
Transportation Commission and to the Mayors of Long Beach, Los Angeles,
Vernon, Huntington Park, South Gate, Lynwood, Compton and Carson.
(4) Quorum.
A majority of the Governing Board shall constitute a quorum for
the transaction of business, and a majority of the quorum present is
required to take any action, except that less than a quorum may adjourn.
O. Officers.
The Governing Board shall elect one member the Chairman of said board
and one member the Vi ce-cha i rman for its fi rst . year of operat i on or port ion
thereof and thereafter as of each successive July 1, the Governing Board shall
elect a Chairman and Vice-chairman. The Governing Board shall appoint a
Secretary who shall keep the official records and correspondence of the
Authority. The Treasurer of the Authority and the Auditor/Controller of the
Authority shall be selected in accordance with Section 6505.5 and Section 6505.6
of the Government Code. The Governing Board shall appoint an Executive Officer
from the staffs of either Port who shall be responsible for the administration
of the Authority and a General Counsel from the City Attorney's Office of Long
Beach and/or Los Angeles who shall provide legal advice to the Authority. The
Port of Long Beach or the Port of Los Angeles shall provide the staffs for and
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to the Executive Officer, Treasurer, Auditor, Controller, Secretary and General
Counsel positions until such time as the Authority has sufficient financial
resources through its own Revenues, at which time these positions may be filled
by staffs OT any agency represented on the Governing Board. .
E. Railroad Advisorv Board.
The Authori ty sha 11 estab 1 ish an advi sory board wh i ch wi 11 cons i der
and make recommendations to the Governing Board on matters pertaining to
development of the Plan of the CTC and implementation of the CTC. The advisory
board shall be designated the Advisory Railroad Operational Board of Control
("AROBOC"). AROBOC will assi st in the development of the Pl an of the CTC and
provide for the management, coordination and scheduling of operations of the rail
aspects of the eTe. AROBOC sha 11 cons i st of three (3) members, one member
appointed by the Southern Pacific Transportation Company, one member appointed
by the Atchison, Topeka & Santa Fe Railway Company, and one member appointed by
the Union Pacific Railroad and any successors to the three railroads presently
serving the Port of Long Beach and the Port of Los Angeles. AROBOC shall advise
and make recommendations to and work closely with the Authority concerning all
rail aspects of the CTC, prepare rail schedules and rail tariffs and resolve
conf1 icts between the various rail roads and make recommendations concerning
possible contract operations.
Section 5. POWERS~
The Authori ty shall have the powers common to Long Beach and Los
Angeles necessary for the development of the Plan of the CTC and the
implementation of the eTC and related facilities and any other powers authorized
by the Act, to wit: acquiring, constructing, reconstructing, rehabilitating,
maintaining in whole or in part, and leasing or selling, in whole or in part,
land, facilities and appurtenances necessary or convenient for the development
and operation of a CTC, including the acquisition of such land, facilities, or
appurtenances by lease, contract, or purchase or disposal of land by lease of
any property of Authori ty; and to incur debts, 1 i abi 1 it i es or ob 1 i gat ions
required by the exercise of these powers which do not constitute debts,
liabilities or obligations of Long Beach or Los Angeles, and to sue and be sued
in its own name. The Authority shall further have the power to operate or cause
to be,operated facilities which have been acquired or constructed or caused to
be acquired or constructed in whole or in part by the Authority together with
the bui 1 di ngs and appurtenances necessary thereto. Sa i d powers shall be
exercised in the manner provided in said Act and, except as expressly set forth
herein, subject only to such restrictions upon the manner of exercising such
powers as are imposed upon the City of Los Angeles in the exercise of similar
powers. The Authority may also issue revenue bonds or other evi dence of
indebtedness, pursuant to Article 2, Chapter 5, Division 7, Title 1 of the
Government Code of the State of Cali forni a (commenci ng wi th Sect i on 6540,
hereinafter called the "Bond Act") and any other applicable laws of the State
of California, whether heretofore or hereafter enacted or amended.
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Section 6. FISCAL YEAR.
The term "Fiscal Year" shall mean the Fiscal Year of the Authority as
established from time to time by the Governing Board, being at the date of this
Agreement the period from July 1 to and including the following June 30.
Section 7. DISPOSITION OF ASSETS.
At the end of the term hereof or upon the earlier termination of this
Agreement, after three hundred (300) days' written notice of intent to terminate
given by either party to the other and to the Authority, all real and personal
property of the Authority, which is not removed by any third party operator of
CTC or member of Authority who provided or contributed the real or personal
property shall be sold by the Authority to the highest bidder with either party
or member of the Authority having the right of first refusal based on the
appraisal process set forth herein prior to the bidding process.
At least two hundred and seventy (270) days prior to the end of the
term (whether by lapse of time or otherwise), each party shall appoint an
appraiser and give notice to the other.party of the appraiser appointed. The
two appraisers shall appoint a third. If either party shall not have notified
the other in writing of the appointment of its appraiser, the presiding judge
of the Superior Court of the State of California for the County of Los Angeles
shall, upon the request of either party, appoint the appraiser for the other
party so in default. If the two appraisers so chosen shall be unable to agree
upon this third appraiser within ten (10) days after the appointment of the
second appraiser, the third appraiser shall be appointed by the presiding judge.
Any vacancy shall be filled by the party who made the original appointment to
the vacant place.
The appraisers shall file their opinions concerning the value of all
real and personal property in writing with the parties within ninety (90) days
a fter the appo i ntment of the th i rd appraiser. Such op in i on shall take into
consideration all of the factors and data relating to such value which may
properly be considered in determining the fair value of all real property under
the laws of eminent domain in the State of California. In the event any
appraiser fails to file his opinion within said ninety (90) days, a new appraiser
shall be appointed in the manner prescribed above. Upon the filing of the three
opinions, the parties shall properly set a date for, and on said date, hold a
public hearing. At such hearing, said opinions and such other evidence of the
fa i r market value of all real and personal property as may be presented by the
parties or others shall be received and considered. Based upon such evidence,
the value of all real and personal property and the division of the other
property of the Authority shall be fixed by the appraisers. This appraisal shall
then be used by the parties as the basis for disposition of assets by sale to
one party or the other or the sale of parts to one party or the other.
Each party shall pay the costs and expenses of the appraiser appointed
by it together with fifty percent (50%) of the costs and expenses of the third
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appraiser.
If for any reason neither party nor member of Governing Board elects
to purchase the assets or any part thereof within the time period specified
above, all real and personal property shall then be sold to the highest bidder
or bidders. Any sale to a third party shall reserve for the benefit of the Ports
of Long Beach and Los Angeles, the railroads then serving said Ports and the
members of the Authority, such trackage rights as may be deemed reasonably
required to assure that the purposes for which the Authority was created will
be protected and implemented in perpetu i ty . Pri or to such sale any. real and
personal property contributed by a party and the members of the Authority shall
be returned to that party or members of the Authority. Any surplus cash after
liquidation of all debts shall be distributed proportionately to the party or
the member of the Governing Board contributing cash to the Authority.
Section 8. PLAN OF THE CTC. DESIGN AND CONSTRUCTION.
The Authority shall be responsible for the preparation of, coordination
for, and approval of the Plan of the CTC. This plan shall address and analyze
all practical aspects of how the CTC should be designed and operated including
alternative rail, highway routings and prioritization of the plan's elements.
The Authority upon approval of the Plan of the CTC may commence the
implementation of it in such phases as desired for. implementation and
construction of the CTC. However, said design plans for development must be in
accordance wi th the cert i fi ed envi ronmenta 1 documents prepared in accordance wi th
the Cal ifornia Environmental Qual ity Act, and or the National Environmental
Policy Act and guidelines thereto for the development of the CTC. The Authority
shall complete said design plans in accordance with the Plan of the CTC and then
provide for the construction of the CTC and any and 11 ary structure or structures
and site improvements shown on said plans. The Authority may also have design
pl ans prepared for subsequent use, bid and award of one or more construction
contracts by other authorized governmental entities.
The construction documents including design plans for the eTe and any
anCillary structure or structures and site improvements shall be approved by the
Authority if said improvements are to be constructed. through contracts awarded
by the Authori ty . The Authori ty shall call for compet it i ve bi ds to 1 et
construction contracts for the CTC.
The construction contracts awarded by the Authority shall be
administered by the Authority or its designee. The Authority shall establish
procedures for the administration of such contract or contracts, the inspection
and testing of materials and other contractual construction procedures.
The Authority shall reserve the right to make changes in the work in
any construction contract or contracts. Said changes shall be made in the
following manner:
A. By written modification of the construction contracts or contracts
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ordered by the Authority.
B. By written change order signed by the Authority, its Executive
Officer or designee.
C. Any change order issued by the Authority's Executive Officer or
designee for changes in the work shall be limited to the extent permitted by
law, but in no event exceed $100,000 or ten percent (10%) of the original
contract amount, whichever is less. Any change order exceeding $100,000 must
receive authorization from the Authority.
Section 9. REVENUE BONOS.
The Authority may issue revenue bonds in accordance with the Bond Act
or other applicable law for the issuance of such bonds or other evidence of
indebtedness (the "bonds") for the purpose of exercising its powers including
refunding all or any of the bonds issued and raising funds necessary to carry
out its obligations under this Agreement. Said bonds may be issued in one or
more seri es to match construction phases, for refunded purposes or may be
authorized in different amounts at different times.
The sale and issuance of such bonds by the Authori ty and any resolution
authorizing such issuance shall be subject to the prior approval by resolution
or ordinance of the Council of the City of Long Beach and the Council of the City
of Los Angeles upon request by their respective Boards of Harbor Commissioners
pursuant to Section 6547 of the Government Code. The refunding of any such bonds
shall only require the approval of the Authority.
It is anticipated that such bonds will be payable from Revenues
generated from the eTe, from one or more pledges of revenues from the Board of
Harbor Commissioners of Long Beach and Los Angeles or pledges of revenues from
other responsible agencies or, in addition, from any other legally available
funds.
Section 10. CONTRIBUTIONS.
During the planning and organization of the Authority and after the
formation of the Authority, the Ports have and will use public funds, personnel
and equipment in furtherance of the objectives and purposes set forth in this
Agreement. Pursuant to Government Code Sections 6504,6512.1 and related
provisions, the Authority is empowered after issuance of the bonds or after the
receipt of monies from any other source to reimburse the Ports or other members
of the Governing Board for all reasonable payments, advances, use of personnel
and equipment which were provided prior to and after the issuance of the bonds
or after receipt of monies from any other source. Such costs for personnel shall
include actual costs of all services performed by officers and employees of Long
Beach and Los Angeles, including burden and overhead costs, computed in
accordance with the standard overhead rate procedure provisions of the Ports for
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all officers and employees performing such services.
Section 11. CONSULTANTS,
Any contracts of Long Beach and/or Los Angel es with bond counsel,
financial consultants, engineers, architects, and other consultants and advisors
working on the eTC and/or its financing shall be binding on the Authority.
Subject to limitations imposed by law, including but not limited to, the Internal
Revenue Code of 1986, as amended, and any rules and regulations promulgated
thereunder, the fees and expenses of such bond counsel, financial consultants,
engineers, architects and other consultants and advisors incurred by Long Beach
and/or Los Angeles before or after issuance of the bonds may be paid or
reimbursed from the proceeds of such issue or from the receipt of monies from
any other source.
Section 12. PERSONNEL.
The Authority shall request from the Port of Long Beach and/or the
Port of Los Angeles the services of their personnel to serve the Authority ex-
officio as may be necessary to carry out this Agreement and shall have the power
to employ professional and technical assistance for the performance of this
Agreement provided that adequate sources of funds are assured therefor. The cost
of such personnel used by the Authority shall be reimbursed by the Authority in
accordance with Section 10.
Section 13. ACCOUNTS AND REPORTS.
To the extent not covered by the duties assigned to any trustee, the
Treasurer of the Authority shall establish and maintain such funds and accounts
as may be required by good accounting practice or by any provision of any
resolution of the Authority securing its bonds. The books and records of the
Authori ty in the hands of the trustee or the Treasurer shall be open to
inspection at all reasonable times. The Authority shall cause to be prepared
annually a financial and operating report which shall be submitted to each member
of the Governing Board, to the Boards of Harbor Commissioners of Long Beach and
Los Angeles, to the Los Angeles County Board of Supervisors, to the Los Angeles
County Transportation Commission and to the Mayors of Long Beach, Los Angeles,
Vernon, Huntington Park, South Gate, Lynwood, Compton and Carson. The Authority,
within 120 days after the close of each fiscal year, shall give a complete
written report of all fi nanci a 1 act i vit i es for such fi sca 1 year to each member
of the Governing Board, to the Boards of Harbor Commissioners of Long Beach and
Los Angeles, to the Los Angeles County Board of Supervisors, to the Los Angeles
County Transportation Commission and to the Mayors of Long Beach, Los Angeles,
Vernon, Huntington Park, South Gate, Lynwood, Compton and Carson. The
Auditor/Controller of the Authority shall cause an annual independent audit of
the accounts and records of the Authori ty to. be made by a cert i fi ed pub 1 i c
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accountant, all in accordance with and at the time or times required by law.
Any trustee appoi nted under any reso 1 ut i on of issuance of the bonds of the
Authority shall establish suitable funds, furnish financial reports and provide
suitable accounting procedures to carry out the provisions of said resolution.
Said trustee may be given such duties in said resolution as may be desirable to
carry out this Agreement.
Section 14. FUNDS.
Subject to the applicable provisions of any indenture or financing
agreement, which may provide for a trustee to receive, have custody of, and
di sburse Authori ty funds, the Treasurer of the Authority shall: (i) have the
custody of and di sburse Authority funds pursuant to the accounti ng procedures
developed under Section 12 hereof, and (ii) as nearly as possible in accordance
with generally accepted accounting procedures, make the disbursements required
by this Agreement or to carry out any of the provisions or purposes of this
Agreement.
Section 15.
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE
IS A CONDITION PRECEDENT TO THE CTC.
This Agreement describes a proposed Consolidated Transportation
COrridor project and allocates responsibilities for its implementation. Entering
into this Agreement does not constitute an adoption of the project or a
commitment to carry out the project as those terms are used in the California
Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA")
and the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.
("NEPA"). Prior CEQA and NEPA compliance is a condition precedent to any,party
being committed to carry out any obligations set forth in this Agreement for
which such compliance is required.
Section 16. NOTICES.
Notices hereunder shall be sufficient if delivered to:
Long Beach
Executive Director
Long Beach Harbor Department
P.O. Box 570
Long Beach, CA 90801
11
Los Angeles Executive Director
Port of Los Angeles
P.O. Box 151
Los Angeles, CA 90733-0151
Authority Secretary - At such address as Governi ng Board
shall designate for such purpose.
Section 17. MISCELLANEOUS.
The section headings herein are for convenience only and .are not to
be construed as modifying or governing the language in the section referred to.
Whenever in this Agreement any consent or approval is required the
same shall not be unreasonably withheld,
This Agreement is made in the State of California under the
Constitution and laws of such State and is to be so construed.
Section 18. SEVERABILITY.
Should any part, term, portion or provlslon of. this Agreement be by
the courts decided to be illegal or in conflict with any law of the State of
California, or otherwise be rendered unenforceable or ineffectual, the validity
of the remaining parts, terms, portions or provisions shall be deemed severable
and shall not be affected thereby, provided such remaining portions or provisions
can be construed in substance to continue to constitute the agreement that the
parties intended to enter into in the first instance.
Section 19. SUCCESSORS.
This Agreement shall be binding upon and shall inure to the benefit
of the successors of the parties.
12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be ~xecuted and attested by their proper officers thereunder duly authorized,
and their official seals to be hereto affixed, as of the day and year first above
written.
CITY OF LONG BEACH, a municipal
corporation
, 1989 By
City Manager
Approved as to form this
day of
, 1989.
JOHN R. CALHOUN, City Attorney
By
EINAR PETERSEN
Senior Deputy
Ratified and Approved by the Board of Harbor Commissioners of the City
of Long Beach this day of , 1989 by Resolution No. HD- .
- -
BOARD OF HARBOR COMMISSIONERS
of the City of Long Beach
By
Acting Executive Director
Long Beach Harbor Department
Attest
Executive Secretary
13
.
,
, 1989 By
APPROVED AS TO FORM
, 1989
JAMES K. HAHN, City Attorney
By
GERALD F. SWAN, Assistant
6/5/89
stored: ctc.agt
CITY OF LOS ANGELES, a municipal
corporation, acting by and through
its Board of Harbor Commissioners
Executive Director
Port of Los Angeles
Attest
Board Secretary
14
~ -
~:
SCHEDULE A
Act shall mean the Joint Exercise of Powers Act of the State of California,
being California Government Code Sections 6500-6579.5, inclusive, as amended
and supplemented.
AQreement shall mean the Joint Exercise of Powers Agreement by and between the
Cities as originally .executed and as supplemented and amended.
Authority shall mean the Consol idated Transportation Corridor Joint Powers
Authority, a joint powers authority created by Long Beach and Los Angeles
in accordance with the Joint Powers Agreement and the Act.
Cities shall mean Long Beach and Los Angeles.
CTC shall mean the Consolidated Transportation Corridor which is a program of
a series of public street, railroad and other related construction
improvements to facilitate the movement of both international and domestic
cargoes through the Ports, the movement of people and the lessen impacts
on the Members of the Authority of the projected increases in train
movements .and track and vehicular traffic.
GoverninQ Boar.d shall mean the Governing Board of the Authority establ i shed
pursuant to the Joint Powers Agreement as constitu!ed from time to time.
LonQ Beach shall mean the City of Long Beach, a charter city and municipal
corporation duly organized and existing under a freeholders' charter and
the Constitution and laws of the State of California.
Los AnQeles shall mean the City of Los Angeles, a charter city and municipal
corporation duly organized and existing under a freeholders' charter and
the Constitution and laws of the State of California.
Parties shall mean the Cities.
Plan of the CTC (Consolidated TransDortation Corridor) shall mean a concise,
comprehensive report with drawings in sufficie~t detail to indicate the
scope and extent of the improvements to be constructed for all elements
within the CTC with said report approved by the Governing Board.
Ports shall mean the Port of Long Beach, and the Port of Los Angeles.
Port of LonQ Beach shall mean the Harbor Department, the City of Long Beach.
Port of Los AnQeles shall mean the Harbor Department, the City of Los Angeles.
Revenues shall mean all rece i pts , income and other money recei ved by the
Authority from and or for the operation, use, passage or transit of all or
part of the CTC as may be described, assigned or levied by the Governing
Board.
I
C
CITY COUNCIL OFFICERS
LEONIS C. MALBURG, Mayor BRUCE V. MALKENHORST,
THOMAS A. YBARRA, Mayor Pro-Tem ~ ~ City Administrator/City Clerk
Wm. "BILL" DAVIS ~ DAVID B. BREARLEY,
H. "LARRY" GONZALES Cit Attorne
W. MICHAEL McCORMICK Y Y
VICTOR H. VAITS,
TELEPHONES Director of Community Services
CITY CLERK .................................583-8811, LEWIS R. ADAMS,
POLICE DEPT ..............................587-5171 Director of Water & Power
FIRE DEPT ....................................583-4821 LARRY SPADT,
BUILDING DEPT .........................583-8811 Fire Chief
PUBLIC WORKS DEPT .............583-8811
HEALTH DEPT ............................583-8811 CITY HALL AL ESPINOZA,
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Irz Reply Refer to:
August 17, 1989
City .Council
City of Vernon
Honorable Members:.
Submitted herewith is the proposed Joint Exercise of Powers Agreement
between the City of Long Beach and the City of Los Angeles to be known
as "Consolidated Transportation Corridor Joint Powers Authority".
Although this was originally considered during the July 11, 1989.
-City Council meeting and agreed upon not to participate; at least
two meetings have been held with the other corridor cities and it is
hereby recommended that the City participate in the Joint Exercise
of Powers Agreement.
Thanking you in advance for your consideration in this matter.
- Very truly yours,
-
y
Bru ~ V. Malkenhorst
City Clerk
BVM/gj o
/i
r
MOTION/RESOLUTION
We, the City Council of .the City of Vernon after consideration of
.the importance of the Alameda Street corridor route to improve
surface transportation, both rail-and highway, hereby approve and
affirm our support for:
a. The formation of the Consolidated Transportation Corridor
Joint Powers Authority whose formation is to facilitate
the implementation of an improved transportation corridor
generally along Alameda Street from Los Angeles to the
ports in San Pedro Bay.
b. That is an elected official of this
body and is hereby designated as this body's-
representative on the Governing Board of the Consolidated
Transportation Corridor Joint Powers Authority, and we
reserve the right to redesignate the same or other
elected official from time to time to represent this body
on said Joint Powers Authority.
c. This body further pledges our cooperation and support
during the. planning and implementation phases of the
Consolidated Transportation Corridor.
028.ag
August 16, 1989
V- to
TO: Bruce V. Malkenhorst, City Administra-tor
FROM: Victor H. Vaits , Director of. Community Services
SUBJECT: JOINT POWERS AGREEMENT - LONG BEACH & LOS ANGELES
Herewith for your consideration is proposed Joint Exercise
of Powers Agreement between the City of Long Beach and the City
of Los Angeles to be known as Consolidated Transportation Cor-
ridor Joint Powers Authority. The agreement was considered at
the July 11, 1989 Council meeting and at that time the Council
decided-not to participate in the "Authority".
Since that time, two meetings have been held with the other
corridor cities: South Gate, Compton, Lynwood, Carson and Hun-
tington Park, and as a result of the meetings it is now recom-
mended that the City of Vernon join the other corridor cities and
participate in the Consolidated Transportation Corridor Joint
Powers Authority.
VHV: ps
Attachment "
.c CtyA,ttorney