Resolution No. 6589
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RESOLUTION NO. 6589
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING (1) A JOINT POWERS AGREEMENT
AMONG THE CITIES OF CERRITOS, COMMERCE, DOWNEY,
LA MIRADA, LAKEWOOD, NORWALK, PARAMOUNT, PICO
RIVERA, SANTA FE SPRINGS AND WHITTIER ALONG WITH
THE CENTRAL AND WEST BASIN WATER REPLENISHMENT
DISTRICT CREATING THE SOUTHEAST WATER COALITION;
AND (2) AN AMENDMENT TO SOUTHEAST WATER
COALITION JOINT POWERS AGREEMENT NO. 91-492; AND
AUTHORIZING THE EXECUTION OF SAID JOINT POWERS
AGREEMENT
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WHEREAS, the cities of Cerritos, Commerce, Downey, La
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Mirada, Lakewood, Norwalk, Paramount, pico Rivera, Santa Fe
Springs and Whittier along with the Central and West Basin Water
Replenishment District executed a Joint Powers Agreement effective
as of July 1, 1991, creating the Southeast Water Coalition; and
WHEREAS, an Amendment to Southeast Water Coalition Joint
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Powers Agreement No. 91-492 was executed on or about August 1994,
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extending the term of the Joint Powers Agreement for a period of
six (6) years from and after July 1, 1991; and
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WHEREAS, the City of Vernon desires to become a member of
the Southeast Water Coalition Joint Powers Agreement, and all
amendments to that Agreement, to insure that the quality of the
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potable water in the southeast region is not degraded; and
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WHEREAS, the City of Vernon's annual contribution to said
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Southeast Water Coalition for 1994-95 is Five Thousand Six Hundred
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Twenty-Five Dollars ($5,625.00); and
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WHEREAS, each new member of the Southeast Water Coalition
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is required to execute a counterpart of the Joint Powers
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Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
4 hereby find and determine that the recitals contained hereinabove
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SECTION 2: The City Council of the City of Vernon hereby
7 approves the Joint Powers Agreement and Amendment to Southeast
8 Water Coalition Joint Powers Agreement No. 91-492, a copy of which
9 has been presented to the City Council concurrently with this
10 resolution, and the City Council hereby orders said Agreement and
II Amendment to be received and filed by the city Clerk.
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SECTION 3: The city Council of the City of Vernon hereby
13 authorizes the Mayor and the City Clerk to execute a counterpart
14 of said Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
16 certify to the passage of this resolution and thereupon and
17 thereafter the same shall be in full force and effect.
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ATTEST:
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BRUCE V.
APPROVED AND ADOPTED this 21st day of February, 1995.
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~ LE~NISC. ~G,Ma r
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6589, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the city Council duly held
on Tuesday, February 21. 1995, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, C1ty Clerk
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JOINT POWERS AGREEMENT
AMONG THE CITIES OF CERRITOS, COMMERCE, DOWNEY, LA MIRADA
LAKEWOOD, NORWALK, PARAMOUNT, PICO RIVERA, SANTA FE SPRINGS
AND WHITTIER ALONG WITH THE CENTRAL AND WEST BASIN WATER
REPLENISHMENT DISTRICT CREATING THE SOUTHEAST WATER COALITION
This Agreement, effective as of July 1, 1991, is between
the above-named public agencies (hereinafter llOriginal Partiesll),
each of which is a public corporation duly organized,and existing
under th~ laws of the State of California.
WITNESSETH
WHEREAS, the Parties are each empowered by law to develop
programs for the benefit of the citizens and businesses within each
community; and
WHEREAS, the Parties are purveyors of potable water, are
responsible for the supply of water, or are otherwise concerned
about the maintenance of potable water supplies; and
WHEREAS, the Parties each desire to improve the quality
and quantity of potable water in the region; and
WHEREAS, the various federal and state agencies involved
with regional water quality issues'prefer to work with one entity;
and
WHEREAS, the Parties to this Agreement are willing to
form a single entity to be called the "Southeast Water Coalition";
and
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There is hereby created a new entity, to be called the
Southeast Water Coalition (hereinafter "Coalition"). Pursuant to
and to the extent required by Government Code section 6509, the
Coalition shall be restricted in the exercises of its powers in the
same manner-as the City of Downey is restricted in its exercise of
similar powers; provided that, if/the City of Downey shall cease to
be a member, then the Coalition shall be restricted in the exercise
of its power in the same manner as the City of Whittier.
section 2. Term.
This Agreement shall become effective and binding July 1,
1991, upon each of the Original Parties that executes the
agreement, notwithstanding that one or more of the original Parties
may execute the agreement later than July 1, 1991. The term of
this Agreement shall be for a period of three years from and after
July 1, 1991. In the event not all of the Original Parties execute
the agreement, the agreement shall be binding on those that do
execute the agreement. The Agreement may be extended by mutual
consent of all parties.
Section 3. Brown Act.
All meetings of the Policy Board and Administrative
Entity of the Coalition, including, without limitation, 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 Government Code section 54950).
Section 4. Structure of the Coalition.
The
structures:
Southeast Water
Coalition
shall
embody ,two
A. Policy Board
B. Administrative Entity
The functions and responsibilities of ,each are described
below..
A. POLICY BOARD
PURPOSE
The Coalition shall create a Policy Board made up of a
member of the legislative body of each participating public entity
for the purpose of overseeing the activities of the Administrative
Entity and to act in consort with the state of California, federal
government and any other pertinent agencies in matters pertaining
to improvement and protection of the quality and quantity of
potable water in the Southeast Area of Los Angeles county.
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APPOINTMENT
The legislative body of each of the participating public
entities shall appoint one policy board member and one alternate
board member ,from among its members.
TERM
Each member and alternate of the Board shall serve a two-
year term. Board members and alternates may be removed at any time
by the appointing legislative body. A vacancy shall exist if any
member or alternate shall cease serving on the appointing
legislative body.
VACANCIES
Vacancies during a term and successors following
expiration of the term of any member shall be filled in the same
manner as the original appointments.
COMPENSATION
Members shall receive $100.00 per meeting attended.
VOTING
Each member shall have one vote. If a board member
cannot attend a meeting, the alternate attending shall be fully
empowered to act as the board member for the meeting so attended.
RESPONSIBILITIES
It shall be the responsibility of the Policy Board to:
a. Determine general policy for Coalition activities.
b. Act on 'behalf of all member public agencies in
-adopting strategies for the improvement of water
quality and quantity when working with various
Federal and State agencies.
c. Approve a budget to expend funds on development of
improvement alternatives, lobbying activities, if
required, and any other lawful purpose.
d. Ensure that improvements are in the best interest
of the Coalition residents.
e. Authorize expenditures of funds for the above
purposes.
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f. Share costs equallY among the named agencies
except for the lead agency which will only be
assessed half the amount levied against the other
members.
g. Approve or deny applications from non-
member public agencies for admission to the
coalition.
h.
Adopt bylaws
coalition.
governing the
affairs
of
the
i. Establish a steering committee, which shall have
those powers specified in the Bylaws.
The Policy Board shall provide for its regular and
special meetings, provided, however, that it shall hold at least
one regular meeting in each year and such further addi tional
meetings as may be necessary. The dates upon which, and the hour,
date and place at which any regular meeting shall be held shall be
fixed by the policy Board and copies filed with each party.
MEETINGS
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A majority of the policy Board must be present to
constitute a quorum. No action will be valid unless it receives
the affirmative vote of the majority of ,the entire Board, except
that action to admit a new party to the coalition and to adopt
Bylaws must r,eceive the affirmative vote of three-quarters (3/4) of
the entire Board.
~mORUM
The Secretary of the policy Board shall cause to be kept
minutes of regular, adjourned regular, and special meetings, and
shall, as soon as possible after each meeting, cause a copy of the
minutes to be forwarded to each member of the Board and to the
agencies hereto.
MINUTES
The Policy Board shall elect from among its members a.
Chairperson and a vice Chairperson at its first meeting, and
thereafter at the first meeting in each succeeding fiscal year the
Policy Board shall elect or re-elect its Chairperson and a Vice-
Chairperson.
In the event that the Chairperson or vice-Chairperson
ceases to be a Board Member, the resulting vacancy shall be filled
at the next regular meeting of the Policy Board hel~,after such
OFFICERS
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vacancy occurs. In the absence or inability of the chairperson to
act, the Vice-Chairperson shall act as Chairpersoh. The
Chairperson, or in his or her absence the vice-Chairperson, shall
preside at and conduct all meetings of the policy Board.
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LEAD AGENCY
The Policy Board shall select the Lead Agency for the
Coalition. The city Manager or General Manager of the Lead Agency
city shall be and act as the Secretary of the Coalition. The
Director of Finance of the Lead Agency shall be and act as the
Treasurer and Auditor of the Coalition pursuant to Government Code
section 6506.6. pursuant to Government Code section 6505.1, the
Secretary and Treasurer shall have charge of the property of the
Coalition and each shall file a bond in the penal sum of ten
thousand dollars {$10,OOO}. The Policy Board may change the Lead
Agency at any time. In such event, the officers of the new Lead
Agency shall serve as the respective officers of the Coalition.
LEGAL COUNSEL
The Policy Board may engage the services of a private
practicing attorney or utilize the Lead Agency's Attorney as legal
counsel to the Coalition.
ACCOUNTS, REPORTS, AND AUDITS
The following procedures are designed to insure strict
accountability of all funds of the Coalition and to provide for
accurate reporting of receipts and disbursements of said funds.
The Auditor of the coalition shall either prepare or
contract with a certified public accountant to prepare an annual
audit of the accounts and records of the Coalition. The minimum
requirements of such audit shall be those prescribed by the State
Controller for special districts under section 26909 of the
Government Code and shall conform to generally accepted auditing
standards.
A report of said audit shall be filed as public records
with each agency and also with the county auditor of Los Angeles
County. Such report shall be filed within six months of the end of
the fiscal year or years under examination.
Any costs of the audit, including contracts with or
employment of certified public accountants in making such audit,
shall be borne by the Coalition and charged against any
unencumbered funds of the Coalition available for the purpose.
By unanimous action of the Po.licy Board, the annual audit
may be replaced by an audit covering a two-year perio~.
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B. ADMINISTRATIVE ENTITY
PURPOSE
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The Administrative Entity shall carry out the policies
developed by the Board to facilitate water quality and quantity
improvement.
MEMBERS
The City Manager of each City and the General Manager of
the Central and West Basin Water Replenishment District shall be
members of the Administrative Entity. Each member shall appoint
one alternate member to serve if the regular member of the
Administrative Entity is unavailable, unwilling or unable to serve.
VOTING
Each member shall have one vote. If a member of the
Administrative Entity cannot attend a meeting, the alternate
attending shall be fully empowered to act as the Administrative
Entity member for the meeting so attended.
RESPONSIBILITIES
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It shall be the responsibility of the Administrative
Entity to:
a. Work with State and Federal agencies to develop
improvement plans that will be acceptable to the
Coalition.
b. Engage and work with consultants as needed and
consistent with the budget approved by the Policy
Board.
c. Develop a budget and funding recommendations 'for
the Coalition for approval by the Policy Board,
with members being notified no later than February
15 of each year regarding the Coalition's proposed
budget for the next fiscal year and the funding
responsibility for each member.
d. Develop plans-with various environmental agencies
for the improvement of groundwater supplies.
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with Washington, D.C., the state capitol, the
executive branch and regulatory agencies.
MEETINGS
The Administrative Entity shall provide for its regular
and special meetings, provided, however, that it shall hold at
least one regular meeting in each year and such further additional
meetings as may be necessary. The dates upon which, and the hour,
date and place at which any regular meeting shall be held shall be
fixed by the Administrative Entity and copies filed with each
party.
OUORUM
A majority of the Administrative Entity must be present
to constitute a quorum. No action will be valid 'unless it receives
the affirmative vote of a majority of the quorum.
OFFICERS
The City Manager or General Manager of the Lead Agency
shall be the chairperson of the Administrative Entity. The
Administrative Entity shall elect from among its members a Vice
Chairperson at its first meeting, and thereafter at the first
meeting in each succeeding fiscal year the Administrative Entity
shall elect or re-elect its Vice-Chairperson.
In the absence or inability of the Chairperson to act,
the Vice-Chairperson shall act as Chairperson. The Chairperson, or
in his or her absence the Vice-Chairperson, shall preside at and
conduct all meetings of 'the Administrative Entity. In the event
the office of city Manager or General Manager of the Lead Agency
shall become vacant, the Vice-Chairperson shall serve as
Chairperson until a new City Manager or General Manager is
appointed by the Lead Agency. If the office of Vice-Chairperson
shall become vacant, the Administrative Entity shall appoint a
Vice-Chairperson at the next regular meeting of the Administrative
Entity held after such vacancy occurs.
MINUTES
The Chairperson of the Administrative Entity shall cause
to be kept minutes of regular, adjourned regular, and special.
meetings, and shall, as soon as possible after each meeting, cause
a copy of the minutes to be forwarded to each member of the
Administrative Entity and to the agencies hereto.
Section 5. Contributions.
Each of the Original Parties shall contribute $10,000.00
to the Coalition within thirty days after executi,on of, this
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Agreement. The Policy Board shall establish the amount of initial
contribution which shall be due from new members, at the time when
the Policy Board approves the admission of the new memner into the
Coalition.
The Policy Board may require additional contributions
upon the approval of a majority of all members of the Policy Board.
within thirty days of the action of the Policy Board, each member
agency that does not withdraw from the Coalition during the thirty
day period shall thereupon make the required contribution.
The Lead Agency will only be required to pay half the
amount levied against the other members. The Policy' Board may
unanimously provide for a different distribution of contributions.
Section 6.
Obliqation for Debts and Distribution of
Assets.
The agencies which are parties to this Agreement shall
not be responsible for any of the debts, liabilities or obligations
of the 'Coalition. All such debts, liabilities or obligations shall
exclusively be those of the Coalition.
Upon termination of the Coalition, all of its then
existing assets shall be divided equally among the then remaining
member agencies including the Lead Agency.
Section 7. withdrawal bv Member Aqencies.
Any member agency may withdraw upon 30 days written
notice. Upon such withdrawal, the withdrawing agency shall pay all
contributions approved by the Policy Board pursuant to section 5
more than thirty (30) days prior to the date the agency provides
written notice of its intention to withdraw. , Should any
unencumbered funds exist at the end of the fiscal year during which
the Agency withdrew, the withdrawing agency shall be paid a share
of such funds determined by multiplying the remaining funds by the
ratio of the total funds contributed by the withdrawing agency
during the fiscal year divided by the total 'funds contributed by
all ag~ncies during the fiscal year.
Section 8. Admission of New Members.
The terms of this Agreement shall be binding on every
public agency admitted to the Coalition pursuant to an action of
the Policy Board. Each new member shall execute a counterpart of
this Agreement, which shall become effective on the date specified
by the Policy Board. This date shall be indicated in the
counterpart of the Agreement.
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section 9.
Governmental Responsibilities
Nothing in this Agreement shall be interpreted as restricting
member agencies in the exercise of their governmental powers as
provided by law.
In accordance with Section 8 of this Agreement, the city of
Vernon desires to become a member of the Southeast Water Coalition
Joint Powers Agreement, and the Policy Board has approved the
membership of the city of Vernon. Therefore, by execution of this
Agreement, the City of Vernon shall become a member of the
Southeast Water Coalition Joint Powers Agreement, and all
amendments to that Agreement, effective,,=,~a; 0</
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CITY OF VERNON
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
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CITY ATTORNEY
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.. FEB-15-1995 14:46 FROM CITY OF PICO RIVERA
TO
912135817924 P.02
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AMENDMENT TO SOUTHEAST WATER COALITION
JOINT POWERS AGREEMENT NO. 91-492
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That certain joint powers Agreement entered into by anq
between the cities of Cerritos, Commerce, Downey, La Mirada, 1
Lakewood, Norwalk, Paramount, Pico Rivera, Santa Fe springs and !
Whittier and the water Replenishment District of Southern '
California for the creation of the Southeast Water Coalition, and
subsequently entered into by the cities of Huntington Park and
South Gate, is hereby amended by amending section 2 to read as
follows:
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This Agreement shall become effective and binding JUlY~
1, 1991, upon each of the Original Parties that executes th
Agreement, notwithstanding th~t one or more of the original
Parties may execute the Agreement later than July 1, 1991. !
The term of this Agreement shall be for a period of six I
years from and after July 1, 1991. In the event not all of :
the Original Parties execute the Agreement, the Agreement I
shall be binding on those that do execute the Agreement.
The Agreement may be extended by mutual consent of all
parties."
"Section 2.
Term .
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all terms of the Agreement shall remai1
Amendment to Agreement is executed by
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Except as amended herein,
in full force and effect.
IN WITNESS WHEREOF, this
the parties as follows:
ATTEST:
~AdAtAA~, -J
CITY CLERK
APPROVED ON AUGUST 15, 1994
APPROVED AS TO FORM:
P/~::t;~
CITY. ATTORNEY
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940725 10244-00001 sld 02B1058 0
TOTAL P.02