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Resolution No. 6941 1 RESOLUTION NO. 6941 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON (1) APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY); (2) APPOINTING THE CITY'S REPRESENTATIVE AND ALTERNATE TO THE AUTHORITY'S BOARD OF DIRECTORS; AND (3) APPROVING AN INITIAL START-UP CONTRIBUTION COST OF $5,000 4 5 6 7 8 WHEREAS, the City of Vernon (the "Vernon") is a 9 municipality duly organized and existing under the Constitution and laws of the State of California and under the Charter of the 10 11 City; and 12 WHEREAS, pursuant to California Government Code Section 13 6500 et seq. (the "Act"), Vernon is authorized to enter into an 14 agreement with one or more other public agencies to jointly 15 exercise any power common to the contracting parties and to create 16 an agency or entity which is separate from the parties to 17 administer the agreement; and 18 WHEREAS, historically, the cities in Southeast Los Angeles County have worked together on an as needed basis to 19 20 address area wide problems and issues, ranging from flood control, 21 groundwater contamination, transportation, solid waste, air 22 quality and through numerous professional groupings of city 23 officials to address legislative changes and other issues; 24 however, the growing need for the cities in Southeast Los Angeles 25 County to develop and implement their own SUb-regional policies 26 and plans and voluntarily and cooperatively resolve differences 27 among themselves require a more representative and formal 28 structure; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, various cities in the Southeast Los Angeles County propose to Create and become a member of the Gateway cities council of Governments, a Joint Powers Authority, (hereinafter "GCCOGn) created by that certain agreement entitled, "Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments" (hereinafter "Agreement"); and WHEREAS, the GCCOG will serve as an advocacy agency representing its members at the regional, state and federal levels and also serve as a forum for the study and recommendation of public policy where regionally significant; and WHEREAS, the GCCOG will provide a vehicle for its members to vOluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the members in the conduct of their affairs for the collective benefit of cities in Southeast Los Angeles County; and WHEREAS, the City Council of Vernon intends to approve and authorize the execution of the Agreement and to become a member of the Board of Directors of the GCCOG; and WHEREAS, the initial start-up contribution requested to join the GCCOG is the sum of Five Thousand Dollars ($5,000); and WHEREAS, Vernon's participation in the GCCOG will substantially benefit the residents and businesses in the City of Vernon and will provide benefits to the Southeast region; and WHEREAS, the City Council does not by this resolution relinquish any of its duly constituted powers to regulate and govern its own territory, to require franchises from any railroad which may cross its territory, or to regulate the streets and highways within Vernon. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: Findinas. The City council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Declaration of Council. The City Council of the city of Vernon hereby finds and declares that the actions authorized hereby constitute a valid exercise of the powers of the City under the laws of the state of California and under the Charter of the City of Vernon. SECTION 3: Aooroval. The City Council of the City of Vernon hereby approves the Joint Powers Authority with the cities in Southeast Los Angeles County created by that certain agreement entitled "Joint Exercise of Powers Agreement of the Gateway cities Council of Governments." SECTION 4: Execution. A copy of this Agreement has been presented to the City Council concurrently with this Resolution, and the City Council hereby authorizes the Mayor to execute said Agreement and orders said Agreement to be received and filed by the City Clerk. SECTION 5: Apoointment of Representative. In accordance with section 5 of said Agreement, the City Council of the City of Vernon hereby appoints William Davis as its representative on the Board of Directors of said Authority, and appoints Hilario Gonzales as the alternate member, each with the power to vote in all actions of said board and to report to the City Council thereon. Said appointments shall be effective until the death, resignation, disqualification or subsequent removal by the City -3- 1 Council of such representative. 2 SECTION 6: contribution. The City Council of the City 3 of Vernon hereby authorizes the initial start-up contribution cost of Five Thousand Dollars ($5,000) to the GCCOG from Vernon's 4 5 General Fund. 6 SECTION 7: Transmittal. The City Council of the City of 7 Vernon hereby directs the City Clerk to transmit an executed copy 8 of the Agreement, the paYment of Five Thousand Dollars ($5,000), 9 and a certified copy of this resolution to Gerald M. Caton, 10 Chairman, SELAC City Managers Group, clo City of Downey, 11111 11 Brookshire Avenue, P. o. Box 7016, Downey, California 90241. 12 SECTION 8: Certification. The city Clerk of the City of 13 Vernon shall certify to the passage of this Resolution and 14 thereupon and thereafter the same shall be in full force and 15 effect. 16 SECTION 9: Effective Date. This Resolution shall take 17 effective immediately upon its passage. 18 APPROVED AND ADOPTED this 22nd day of April, 1997. ~~~. 19 20 21 ATTEST: ~ ~~ 22 BRUCE V. MALKENHORST, 23 24 25 26 27 28 -4- 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 6941, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council 7 8 duly held on Tuesday, April 22. 1997, and thereafter was duly signed by the Mayor of the City of Vernon. 9 ~ 10 11 BRUCE V. 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- ~A ~/JO &/y/ EXECUTION COpy JOINT EXERCISE'OF POWERS AGREEMENT OF THE GA TEW A Y CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) Prepaml pro bono by Burke, WIillaIDll & Soreusea LAX2:1S9410.4 EXECUTION COpy " TABLE OF CONTENTS PAGE Section 1. Recitals. . . . . . . . . . -. . . . . . . . e- . . . . . e. . . . . . . . . . . . .. . . . . . . . . . . . . 1 Section 2. Creation of Separate Legal Entity , . . .. . , , . . , , . . . . . . , . . . . . . . . . . , . . , 2 Section 3. Name........e....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 4. Purpose and Powers of the Council . . . . . . . , . . , . , . . . . , , . . . . . . , . , . . . , 2 A. Purpose of Council . . . , . , , . , . , . , , . . . , . , , . . , . , , , . , . , , 2 B, Common Powers . . . . . , , , . , . . , , . . . . . . , . . , , . . , , . , , . , 2 , . C. Exercise of Powers .."",....,..,..,..,.,....."., 4 D. Restrictions on Exercise of Powers . . . . . , . . . . . , . . . . , . . , , , , 4 Section 5. Creation of Board of Directors "."..".....,...............,.., 5 A. Designation of Board of Directors Representatives .....,..".,. 5 B. Designation of Alternate Board Representatives ,.........".., 5 C. Eligibility. , , . , . . . . , . . , , . , , , . . . . . , . . . . , , . . . , , . , . 5 Section 6. Use of Public Funds and Property .""..,.,.".,.............,.,' 5 Section 7. Functioning of Board of Directors .""",.,..""",...."...,',. 5 A. Voting and Participation ,.""".."",......",,",. 5 B. Proxy ,Voting ",..."""".,...,.,...".,.,"',. 6 C. Quorum. , . . , , , . . . . . , , . . . . . , . . . . , , . , , , . . , . , . . . . 6 D. Committees, , . , , , , . . , , . , . . . . . . . . . . . . . . . . . , , . . . . , 6 LAX2: 159410.4 -1- EXECUTION COpy E. Actions. . . . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 8. Duties of the Board of Directors ."""...,...,..............".. 6 Section 9. Roberts Rules of Order . . . . . , . . , , , , , , . , , . , . , . . , . . . . . . . . . . . . . . . 6 Section 10. Meetings of Board of Directors .,..,..,......................... 6 Section 11. Election of Chair and Vice Chair ..,............................. 7 Section 12.' Creation of Executive Committee of Board of Directors .................. 7 Section 13. Executive Director , . , . . , , , . . . , , , , , . . , , . . , . . , . . . . . . . . . . . , . . , 7 Section 14. Creation of City Managers Policy Advisory Committee. . . , . . , . . . . , . . . . , , . 8 A. Designation of City Managers Policy Advisory Committee Representatives , , , , . , . . , , . . . , , , ,. . . . . , , ., , , 8 B, Eligibility, , . . . , , . . . , , , , , , . , . . . , . . , , , . . . . . . , , , , , 8 Section 15. Creation of City Managers Policy Advisory Steering Committee """.."..,.."."..,."...,.......,.,., 8 A. Designation of Southeast Los Angles County City Managers Group Chair ,..,...",..,..",.".,',.. 8 B. Election of Additional City Managers Policy Advisory Steering Committee Members "......,.,....",.. 8 Section 16. Designation of Treasurer and Auditor .",."..".,....,.....,."., 9 - Section 17. Council Treasurer and Council Auditor """..".,..,............. 9 Section 18. Designation of Other Officers and Employees ",.".,....,...,.,..... 9 Section 19. Obligations of Council, , , , , . , . . . . , , , . . . . , . , , . , . . , . . . , . . . . . . . . 9 Section 20. Control and Investment of Council Funds . . . . , , . . , . . . . . . , , . . . , , , . , . , 9 Section 21. Implementation Agreements ............,.,...,.,."..,........ 9 LAX2:1S9410.4 -11- , . EXECUTION COPY ;. Section 22. Tenn .................. ~ . . " . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Section 23. Application of Laws to Council Functions . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Sec:tion 24. Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Withdra.wal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B, Non-Payment of Dues, . . , . , , . , , . . . . , . . . . . , . . , . . , . . , 10 C. Admitting Eligible Members , , . , . . . . . . . , . . . . . . . . . . . . . , 10 D. Admitting New Members. , . . , . , . , , , . . . . . . . . , . . . . . . , . 10 Section 25. Interference With Function of Members ., , . , , . , , , , . , , . . . , . . . , . . . . . 11 Section 26. Dues of Members. . . . . . . . , . : , . . . , " , . . . , . . . . . . . . . . . . . , . . . , 11 S . 27 D' , , f A 11 ection . IsposltiOn 0 ssets",."..",.,.,.""...,.,............, Section 28~ Amendment ,........,.".,.,.........................., 11 Section 29. Effective Date . . . . . , . . , , , , , . . . , , . . . . , . . . . . . . . . . . . . . . . . . . . 11 l..AX2:159410.4 -iii- EXECUTION COPY JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) This Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments ("Agreement") is made and entered into by and between the public entities (collectively, "Members") whose names are set forth on Exhibit A, attached> hereto and incorporated herein by this reference, pursuant to Section 6500 ~ gg. of the Government Code and other applicable law: WIT N E SSE T H: The parties hereto do agree as follows: Section 1. Recitals, This Agreement is made and entered into with respect to the following facts: A. Historically, the cities in Southeast Los Angeles County have worked together on an as needed basis to address area wide problems and issues, ranging from flood control, groundwater contamination, transportation, solid waste, air quality and through numerous professional groupings of city officials to address legislative changes and other issues. However, the growing need for the cities in Southeast Los Angeles County to develop and implement their own sub-regional policies and plans and voluntarily and . cooperatively resolve differences among themselves requires a more representative and formal structure. B. The public interest requires a joint powers agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area-wide and sub-regional basis through the establishment of a council of governments; C. The public interest requires that an agency explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its Members; D, The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its members to conduct any activities or LAX2:1S9410.4 -1- EXECUTION COPY , implement any plans or strategies that they do not wish to undertake (except for the payment of dues); E. Each Member is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; F. Each Member, by and through its legislative body, has detennined that a sub-regional organization to assist in planning and voluntary coordination among the cities in Southeast Los Angeles County is required in furtherance of the public interest, necessity and convenience; and G. Each Member, by and through its legislative body, has independently determined that the public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each such Member, Section 2. Creation of Separate Leg-al Entity, It is the intention of the Members < . to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the Government Code, Accordingly, there is hereby created a separate legal entity which shall exercise its powers in accordance with the provisions of this Agreement and applicable law. Section 3. Name. The name of the said separate legal entity shall be the Gateway Cities Council of Governments ("Council"). Section 4. PU11>ose and Powers of the Council. A. PU11>ose of Council. The purpose of the creation of the Council is to provide a vehicle for the Members to voluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. It is the clear intent among cities that the Council shall not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues). The goal and intent of the Council is one of voluntary cooperation among cities for the collective benefit of cities in Southeast Los Angeles County. B, following powers: Common Powers. The Council shall have, and may exercise, the (1) Serve as an advocate in representing the Members of the Gateway Cities Council of Governments at the regional, state and federal levels on issues of importance to Southeast Los Angeles County; LA.'C:lS9410.4 -2- , . EXEClJTION COpy (2) Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with regional significance, including but not limited to the following: (a) Promote the economic development of the sub-region by maximizing the sub-region' s competitive advantage, to overcome influences that are eroding the sub-region' s economy and to work cooperatively with the private sector; (b) Assume responsibility for the sub-regional transportation plaxming process, to advocate for maximum public sector funding for the sub-region's transportation needs, to create an open process for determining the sub-region's transportation priorities, to elevate the decision making process to the elected officials upon the recommendations of the City Managers of the sub-region; ; (c) To be sufficiently involved in the activities of the South Coast Air Quality Management District so as to respond to District actions affecting the best interests of the members of the Council of Governments; (d) To be sufficiently involved in the oversight and management of the data base of the sub-region, including but not limited to the areas of population, employment, and housing so as to avoid manipulation of the data base by others that is not in the best interest of the sub-region; and to strive for accurate and true measures of the needs of the sub-region when judged on a statistical measure for funding, representation or any other purpose; (e) To perform the Southern California Association of Governments (SCAG) sub-regional planning process; (t) Work with the sub-region's State and Federal elected representatives for the benefit of the members of the Council of Governments; (g) Seek to maximize and protect the sub-region's fair share of all State and Federal funding; LAX2:159410.4 -3- EXECUTION COpy (h) Serve as a mechanism for obtaining state, federal or regional grants to assist in fmancing the expenditures of the Council of Governments; (3) Assist in resolving conflicts among the cities in Southeast Los Angeles County as they work to achieve common goals; (4) . Explore practical areas for voluntary intergovernmental cooperation in improving the administration or efficiency in the delivery of government services; (5) Work toward building consensus among the cities of Southeast Los Angeles County as they strive for common goals for themselves or the sub-region; (6) Make and enter into contracts, including contracts for the services of engineers, consultants, planners, attorneys, and single purpose public or private groups; (7) Employ agents, officers and employees; (8) Apply for, receive and administer a grant or grants under any federal, state or regional programs; (9) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (10) Lease, manage, maintain, and operate any buildings, works or improvements, and (11) Delegate some or all of its powers to the Executive Director as hereinafter provided, C. Exercise of Powers, The Council shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. D, Restrictions on Exercise of Powers. In accordance with Government Code Section 6509, the powers of the Council shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq" as LAX2:159410,4 -4- EXECUTION COPY that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of Paramount, a general law city, in the exercise of similar powers, provided, however, that if the City of Paramount shall cease to be a member, then the Council shall be restricted in the exercise of its power in the same manner as is the City of Pico Rivera, a genera1law city. Section 5, Creation of Board of Directors. There is hereby created a Board of Directors for the Council ("Board") to conduct the affairs of the Council. The Board shall be constituted as follows: A. Designation of Board of Directors Representatives, One person shall be designated as a representative of the Board of Directors by the legislative body of each of the Members ("Board Representative"), The Mayor of the City of Long Beach shall be a Board Representative in addition to one person designated by that city's legislative body, . B, Designation of Alternate Board Representatives. .One person shall , be designated as an alternate representative of the Board by the legislative body of each of the Members ("Alternate Board Representative"), C, Eligibility. No person shall be eligible to serve as a Board Representative or an Alternate Board Representative unless that person is, at all times during the tenure of that person as a Board Representative or Alternate Board Representative, a member of the legislative body of one of the appointing Members, Should any person serving on the Board fail to maintain the status as required by this Section 5, that person's position on the Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement. Section 6. Use of Public Funds and Property, The Council shall be empowered to utilize for its purposes, public and/or private funds, property and other resources received from the Members and/or from other sources. Subject to the approval of the Board of Directors of the Council, the Members shall participate in the funding of the Council in such a manner as the Board shall prescribe, subject to the provisions of Section 26 of this Agreement. Where applicable, the Board of the Council may permit one or more of the Members to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Council's activities. Section 7. Functioning of Board of Directors, A. Voting and Participation, Each Member may cast only one vote for each issue before the Board through its representatives, An Alternate Board LAX2:159410.4 -5- EXECUTION COpy 1. Representative may participate or vote in the proceedings of the Board only in the absence of that Member's Board Representative. Board Representatives and Alternate Board Representatives seated on the Board of Directors shall be entitled to participate and vote on matters pending before the Board only if such person is physically present at the meeting of the Board of Directors and if the Member which that Board Representative or Alternate Board Representative represents has timely and fully paid dues as required by this Agreement and the Bylaws. B. Proxy Voting. No absentee ballot or proxy shall be permitted, C. Ouorum.' A quorum of the Board of Directors shall consist of not less than fifty percent (50%) plus one (1) of its total voting membership, D, Committees. As needed, the Board may create permanent or ad hoc advisory committees to give advice to the Board of Directors on such matters as may be referred to such committee by the Board. All committees shall have a stated purpose before they are formed. Such a committee shall remain in existence until it is dissolved by the Board. Qualified persons shall be appointed to such committees by the Board and each such appointee shall serve at the pleasure of the Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Board, may be composed of representatives to the Board and non-representatives to the Board. E. Actions. Actions taken by the Board shall be by not less than fifty percent (50%) plus one (1) of the voting representatives of the Board which are present with a quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the Board of Directors, a higher number of votes is required to carry a particular motion, Section 8, Duties of the Board of Directors. The Board shall be deemed, for all purposes, the policy making body of the Council. All of the powers of the Council, except as may be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the Bylaws or by direction of the Board, shall be exercised by and through the Board. Section 9. Roberts Rules of Order. The substance of Roberts Rules of Order shall apply to proceedings of the Board, except as may otherwise be provided by provisions of applicable law, this Agreement, the Bylaws or by direction of the Board. Section 10, Meetings of Board of Directors. The Board shall, by means of the adoption of Bylaws, establish the dates and times of regular meetings of the Board. The location of each such meeting shall be as directed by the Board. I.A.X2:159410.4 -6- . EXECUTION COpy Section 11. Election of Chair a.nd Vice Chair. The Chair shall be the chairperson of the Board, shall conduct all meetings of the Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by the direction of the Board. The Vice Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Board or the Chair. At the flI'st regular meeting of the Board, a Board Representative shall be elected to the position of Chair by the Board, and a different Board Representative shall be elected to the position of Vice Chair of the Board, The terms of office of the Chair and Vice. Chair elected at the first regular meeting of the Board shall be for a term of two years. Thereafter, a Board Representative shall be elected annually to the position of Chair, and a different Board Representative shall be elected to the position of Vice Chair of the Board at the first regular meeting of the Board held in January of each calendar year, Thereafter the terms of office of the Chair and Vice Chair shall commence and expire at the first regular meeting of the Board held in January of each calendar year, ' If there is a vacancy, for any reason, in the position of Chair or Vice Chair, the Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent, Section 12, Creation of Executive Committee of the Board of Directors, A. An Executive Committee of the Board of Directors ("Executive Committee") is created to act on behalf of the Board of Directors, between meetings of the Board, within the scope of the adopted budget and within basic policies of the Board. B, Members of the Executive Committee shall be the Chair and Vice- Chair of the Board of Directors and shall serve as the Chair and Vice-Chair of the Executive Committee. Seven additional Board representatives shall be elected by the Board of Directors to serve as members of the Executive Committee. An additional position on the Executive Committee shall be the Mayor of the City of Long Beach. Section 13. Executive Director, The Executive Committee shall appoint an Executive Director upon concurrence by fifty percent (50%) plus one (1) of the total voting membership of the Board of Directors, a qualified person to be Executive Director on any basis the Executive Committee desires including, but not limited to, a contract or employee basis, The Executive Director shall be neither a Board Representative, nor an Alternate Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section 24(c) of this Agreement). The Executive Director shall be the chief I.AX2:159410.4 -7- EXECUTION COpy administrative officer of the Board. The Executive Director shall receive such compensation as may be fixed by the Executive Committee with the concurrence of the Board of Directors, The Executive Director shall serve at the pleasure of the Board of Directors and may be relieved from such position at any time, without cause, by a vote of fifty percent (50%) plus one (1) of the total voting membership of the Board of Directors taken at a regular, adjourned regular or special meeting of the Board. The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Executive Committee. Section 14, Creation of City Managers Policy Advisory Committee. There is hereby created a City Managers Policy Advisory Committee ("Policy Advisory Committee") to advise the Board, The Policy Advisory Committee shall be constituted as follows: A, Designation of City Man~gers Policy Advisory Committee Representatives, The City Manager (or person holding the equivalent position, which position differs only in title) of each of the Members shall be designated as a representative of the City Managers Policy Advisory Committee ("Policy Advisory Committee Representative"). B. Eligibility, No person shall be eligible to serve as a Policy Advisory Committee Representative unless that person is, at all times during the tenure of that person as a Policy Advisory Committee Representative, a city manager (or person holding the equivalent position, which position differs only in title) of one of the appointing Members. Should any person serving on the Policy Advisory Committee fail to maintain the status as required by this Section 14, that person's position on the Policy Advisory Committee shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 14 and the Member shall be entitled to appoint a qualified replacement. Section 15, . Creation of City Managers Policy Advisorv Steering Committee. There is hereby created a City Managers Policy Advisory Steering Committee ("Steering Committee") to advise the Executive Committee. The Steering Committee shall be constituted as follows: A, Designation of Southeast Los Angles County City Managers Group Qlm. The Chair of the Southeast Los Angeles County ("SELAC") City Managers Group shall be a member of the Steering Committee regardless if he or she is employed by a city that is not a Member of the Council. B, Election of Additional City Managers Policy Advisory Steering Committee Members. Five additional Policy Advisory Committee f-.\X2:159410.4 -8- . EXECUTION COpy Representatives shall be elected by the Policy Advisory Committee to serve as members of the Steering Committee. Section 16. Designation of Treasurer and Auditor. The Board of Directors shall, in accordance with applicable law, designate a qualified person to act as the Treasurer for the Council and a qualified person to act as the Auditor of the Council. The compensation, if any, of a person or persons holding the offices of Treasurer and/or Auditor shall be set by the Board of Directors. Section 17, Council Treasurer and Council Auditor. The person holding the position of Treasurer of the Council shall have charge of the depositing and custody of all funds held by the Council. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Board of Directors. The Council's Auditor shall perform such functions as may be required by provisions of applicable law, this Agreexpent, the Bylaws and by the direction of the Board of Directors, Section 18, Designation of Other Officers and Employees, The Board may employ such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Council. Section 19, Obligations of Council. The debts, liabilities and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever. Section 20. Control and Investment of Council Funds, The Board of Directors shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 21. Implementation Agreements. When authorized by the Board of Directors, affected Members may execute an Implementation Agreement for the purpose of authorizing the Council to implement, manage and administer area-wide and regional programs in the interest of the local public welfare, The costs incurred by the Council in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that Implementation Agreement. Section 22, Term, The Council created pursuant to this Agreement shall continue in existence until such time as this Agreement is terminated. This Agreement may U\X2:lS9410.4 -9- . EXECUTION COpy not be terminated except by an affirmative vote of not less than fifty percent (50%) plus one (1) of the then total voting membership of the Board of Directors. Section 23, ApJJIication of Laws to ~ouncil Functions. The Council shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et ~" of the Government Code.) Section 24, Members, A. Withdrawal. A Member may withdraw from the Council by filing its written notice of withdrawal with the Chair of the Board of Directors 60 days before the actual withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 6O-day period. The withdrawal of a Member shall not in any way discharge, impair or modify the voluntarily-assumed obligations of the withdrawn Member in existence 'as of the effective date of its withdrawal, Withdrawal of a Member shall not affect the remaining Members. A withdrawn Member shall not be entitled to the return of any funds or other assets belonging to the Council, until the effective date of termination of this Agreement, except that a withdrawn Member shall be entitled to the balance of the annual dues paid for the year by that Member which were intended for the remaining part of that year. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the Council. B. Non-Pavment of Dues, If a Member fails to pay dues within three months of the annual dues assessment as required under Section 26 of this Agreement and the Bylaws, and after a 30-day written notice is provided to that Member, the Member shall be deemed to be suspended from this Agreement and the Council. When a Member is .,' suspended, no representative of that Member shall participate or vote on the Board of Directors. Such a Member shall be readmitted only upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension. C. Admitting Eligible Members. Eligible public entities whose names are set forth on Exhibit A to this Agreement ("Eligible Public Entities") shall be admitted to the Council by 1) adopting this Agreement by a majority vote of the legislative body of the Eligible Public Entity and 2) properly signing this Agreement. An Eligible Public Entity may be admitted regardless of whether it adopted and signed this Agreement before or after the Effective Date (as defined in Section 29 of this Agreement). No vote of the Board of Directors shall be required to admit an Eligible Public Entity, D, Admitting New Members, New Members who are not Eligible Public Entities may be admitted to the Council upon an affirmative vote of not less than fifty percent (50%) plus one (1) of the total voting membership of the Board provided that such a u.x2: lS9410.4 -10- 4 EXECUTION COpy , , " .. proposed new Member is a city whose jurisdiction, or part thereof, lies within and/or immediately adjacent to, Southeast Los Angeles County. Admission shall be subject to such tenns and conditions as the Board of Directors may deem .appropriate. Section 25. Interference With F\lnction of Members. The Board of Directors shall not take any action which constitutes an interference with the exercise of lawful powers by a Member of the Council. Section 26. Dues of Members. The Members of the Council shall be responsible for the payment to the Council, annually, of dues in the amounts periodically budgeted by the Board, as and for the operating costs of the Council ("Dues") as provided in the Bylaws. Section 27. Disposition of Assets, Upon termination of this Agreement, after the payment of all obligations of the Council, any assets remaining shall be distributed to the Members in proportion to the then obligation of those Members' obligation to participate in the funding of the Council as provided in Section 26 hereof. Section 28. Amendment. This Agreement may be amended at anytime with the consent of fifty percent (50%) plus one (1) of all of the legislative bodies of the then parties hereto. Section 29. Effective Date, The effective date ("Effective Date") of this Agreement shall be the first date on which fifty percent (50%) plus one (1) of the Eligible Public Entities adopt and sign this Agreement. That the Members of this Joint Powers Agreement have caused this Agreement to be executed on their behalf, respectively, as follows: 1997 ,1'9% DATED:~ ~ } City of Vernon AITEST: 7t~~-= City Clerk Bruce V. Malkenhorst APPROVED AS TO FORM: ~~~, 1>~ aV1 B. Brear ey City Attorney -11- LAX2:1.S9410.4 ... << Artesia Avalon Bell Bell Gardens Bellflower Cerritos Commerce Compton Cudahy Downey Hawaiian Gardens Huntington Park La Habra Heights La Mirada LA.X2: lS9410.4 EXHIBIT A EXECUTION COpy i. Lakewood Long Beach Lynwood Maywood Montebello Norwalk Paramount Pico Rivera Santa Fe Springs Signal Hill South Gate Vernon Whittier County of Los Angeles - r ~ ~ ' v _ ~ ,.,~-fi,•~ tir ~g 05 ~~l ~'~lOUMOfD .`A G~~~Ebr ffav~y l THE REDEVELOPMENTAGENCY OF THE CITY OF VERIVON 4305 Santa Fe Avenue, Vernon, California 90058 (213)583-8811 FAX.• (213) S$1-7924 ' August- 19, 1997 Mr. Patrick H. West Chairman, City Managers Steering Committee Gateway Cities Council of Governments Southeast-Los Angeles County 11111 Brookshire Avenue Downey, CA 90241 Dear Mr. West:' Re: City of Vernon Redevelopment Agency Membership Dues & Assessment Local Share Enclosed herewith are Check Nos. 1061 and 1062 from the City of Vernon Redevelopment Agency pertaining to the above referenced matter. If you have-any questions, do not hesitate to call. Chris Romero, extension 324. Very truly yours, • , C,- • ~ G ~~Gloria J. rosco Secretary'to Executive Director GJO/mm enclosure cc: Chris Romero Agreement File E®AItD Ii~IEli~1BEI~So Leonis C. Nfalburg, Chairman, Thomas A. Ybarra, Vice Chairman, ~'m. °°~fll" Davis, Director, ~I. ".Larry°°Gonzales, Director, W. Michael McCormick, Director. EXECUTPVEDIIZECT®R/SECI~ETAIZI' truce V IVlalkenhorst LEGAL C®UNSEL David ~rearley Council of Governments Southeast Los Angeles County EARLY CHECK ( / RETU `~~G~..Y/V July 24,-1997 Bruce V. Malkenhost, City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Malkenhost: It's that time of year again. It's time for the members of the Gateway Cities Council of Governments to submit their dues for the 1997/98 Fiscal year. In addition, this year (and next) each member will be assessed a small amount for the matching portion of a grant from MTA for .the Mobility and Goods Movement Advisory Council (MAGMAC). The dues for each member are $5,OQU ar~d the assessment varies by population free We are very proud of our success in the past year. We have obtained over $32 million in grants from MTA for transportation projects in our member jurisdictions. In addition, MTA has approved a $45 million grant for traffic signal synchronization throughout our subregion. To enhance our 'economic position in the region, we have applied fora $3 million Grant from the Federal Economic Development Administration: The grant is in process but we have received positive response to date. , These successes have been a direct result of the collective efforts of our member agencies. Uur continued success will rely upon a similar effort. Your continued cooperation and support will allow us to achieve our mutual goals. . bnth your r_lues payment of $5,000 anc+ yca~_~r assessmer,~p~;~i,: Gateway Cities Council of Governments at .11111 Brookshire, Downey: Thank you for your . support. 3 `QoZ~ Jig Patnck H. West Chairman, City, Managers, eenng Com ittee ~ D 0 V cc: ,Steering Committee _ Gallucci Courtamarche Chambers Joseph Taboada Caton 11111 Brookshire Avenue Downey, CA 90241 (562) 904-0876 2 GATEWAY CITIES COG MAGMAC CONTINUATION FUNDING -LOCAL SHARES FY97/98 Artesia $ 863.83 Avalon $ .171.55 Bell $ 1,919:65 Bell Gardens $ 2,299.96 Bellflower $ 3,441.51 Cerritos $ 2,917.97 Commerce $ 663.56 Compton $ 1,918.89 Cudahy $ 1,267:65 Downey $ 5,147.67 Hawaiian Garden, $ 771,19 Huntington Park $ 3,135,71 La Habra Heiglits $ 344.06 La Mirada $ 2,398:20 Lakewood $ 4,058.16.• Long Beach $ 23,130.33 Lynwood $ 3,475.92 Nlaytivood $ 1,>.7.21 Nloutebello $ 3,276.82 Norwalk $ 5,230.22 Paramount $ 2,838..80 Pico Rivera $ 3,221.35 Santa Fe Springs $ 842.63 Signal Hill $ 462.75 South Gate $ 4,792.78 Whittier $ 4,347.33 TOTAL $ 87,500.00 SUGGESTED CONTRIBUTION GUIDELINES: Prop. C Local Retw•n: Not less than 50% of contribution Prop. A Local Return: Not more than ZS% ol'coutribution AB2766 Local Return: Not more than 25% of contribution . . ' ~ r:> Council of Governments - ~ 4^ ~ M OG._ I Southeast Los Angeles County ~ q- a~ 2 ' ~ '"i~0 ' i,~ "-'~"`~~s_~~,~.,_. www ~ ` ~ i 3 ~ 13'97 --3 ~s~ ~ ~ 11111 Brookshire Avenue - I i~~-~ Downey, CA 90241 ~u~ ~ ~ A E R ~''"_...",w / 9467Q7 ~c ~ ~ -Bruce V. IVlalkenhors#, City Administrator City of Vernon 4305. San:ta_Fe Avenue 1lernon; California 90058 V a.S !IIS~~'t 'S iiji y} i1y } } f~y#}77 g, ,'i e~t~~~:Y- ~ ~.~'~'3 7~i illll.T`liif7 ii iili ~i~ii}~3.19lt1.1ii~i~~i}}Jli~~ii1~~}i i.f ~,}1t~i}i T~l ~1-©~~ August 14, 1997 T0: Bruce V. Malkenhorst, City Administrator FROM: Chris Romero, Administrative Aide C/`~'~`` SUBJECT: GATEWAY CITIES COG BOARD OF DIRECTORS. MEETING 8/11/97 The following is a brief summary of the key items discussed at the Board of Directors meeting on Monday: The Board Representative and Alternate for each city can be designated by minute action (rather than by resolution) of the city's legislative body. - Increase the Executive Committee from 10 to 14 members, of which one member will be from the Los Angeles County Board of Supervisors (KNABE). - The powers -and duties of the Executive Committee shall include the authority to act on behalf of the Board of Directors, between meetings of the Board, within the-scope of the adopted budget and within basic policies of the Board. - Regular meetings of the Executive Committee shall be held monthly. Members of the Executive Committee shall receive $100. for attendance at each Executive Committee meeting. - The operations budget anticipates that all staff for the COG will be contract employees or consultants, all paid by SCAG or MTA funds. The. following MTA funded Capital Improvement Projects will be administered by the COG: 1) Freeway Congestion Reduction $12,300,000 2) Transit Improvements $ 3,818,000 3) Pedestrian/Bikeway Projects $ 2,387,000 4) Southeast Area Street .Signal Synchronization $45,000,000 $63,505,000 The COG is looking for a way to equitably distribute future funds. Chair Drummond (Long Beach) brought up the idea to distribute based upon population, to the. dislike of S.F.Spring Councilman Ron Kernes. With Kevin's insight in transportation, it might increase Vernon's chance of receiving funds if he joins the MAGMAC working group (see attached). Kevin is aware of this working group which meets monthly. The Executive Committee & City Manager Steering Committees will play key roles in the decision making for distributing funds. The attached attendance sheet is available for your perusal.. If you have any questions, please let me know. ~ • sue''" _ ~ ~ i rz bF _ _ 4~ ,Ye. . .verK,. _ ~ t,~ ,i' • • 1 1 I • I I • 1 • ® • ? 1 I ~ • 1 • I I 1 1 • I I 1 1 11 • I I • I ~ • • 1 • • I • • • • I • 1 11 • I I • • • ~ I I 1 ~ I • • • I • ~ • 1 I I I I I 1 • ~ C (p+ v n o A ? ~ ~ o ~ n p p ~ c ~ ~ ~O E ~ e p ...t, e 3' T ~ I N 1 P S ~ ~ o u r 1 I• ~ f, 3~ ~ c o Q a ~ T o o~'`~ Gip n ~ N ~ "'r' v~ n A ~ ~ ~ ~ ?o r5 A ~ (JATEWAY ~IT1E~ G~UNCIL OF GOVEI2NMENTS GAP DUARD aF DIRECTCR~ MEETING MEETING AUGUST ~1, 1997 CERRITQS SENIQR GENTE~? X2340 South Street, Cerritos SIGN-lN SH~~°T B~AI~D OF DIRECTORS MEMBEIRS: (Elected Gfficlals} NAME C17Y 4. n _ ~ _ ~ ~ ~ G~GtJ ~ G yr~ a'D~ 9. ~ 10 ~ ~ _ ~ - - 14. 16 , 18. .1~'n/ s 20 ~ ~ 21. 2 ~ ~ ? y - 24. 6'G _ _ ~6~ 27. _ 2$. 29. 3Q. 31. 32 33, 34. ~5. 36. 37. 38. 39. 40, CITY M~N~4G~.RS: NAME Ci7Y..,~~_ II 1. ~ ~ ~ • Pr's ~ ~ ` 1'- ~ ~ ~ 5. ~ ~ Te ~ w ~ c. c. ~Q C~ W 6• L.~C .~qS U ~~~H 7. s. - 9. 10. t1. £0 'd ~ Lb ; l i ~11.L Z6-ZI-~fld . I ryll~ August 12, 1997 T0: Gloria Orosco, Chief Deputy City .Clerk FROM: Chris Romero,. Administrative Aide C/'R~i SUBJECT: GATEWAY CITIES C.O.G. ANNUAL DUES & ASSESSMENT The following is a request from the Gateway Cities-Council of Governments: Membership Dues ~ $5, 000 from each city in the COG.. This- $5,000 will cover fiscal year July 1, 1997 through'June 30, 1998. In addition, each city is charged an assessment to provide a matching portion from the MTA grant for the Mobility and Goods Movement Advisory Council (MAGMAC). The MAGMAC is to bring all transportation stakeholders together so the region can speak with one. voice to the outside funding agencies. The matching portion for each city is based on population, Vernon's share due is $4.27 A copy of the revenue summary has been attached for your review. If you have any questions, please let me know. REVENUE SUMMARY Gateway. Cities Council of Governments Fiscal Year 1998 Budget Proposed Actual Budget REVENUE SOURCE FY 1997 FY 1998 NON-RESTRICTED REVENUE Membership Dues $ 125,000 $ 119,000 TOTAL NON-RESTRICTED _ _ 125,000 119,000 RESTRICTED REVEN 1l_E EDA Grant 0 1,000,000 EDA Grant (City Match) 0 333,000 SCAG {96-97 OWP) 0 420,000 SCAG (97-98 OWP) 0 295,500 MTA (MAGMAC Support) 0 87,500 MTA (MAGMAC Support -City Match) _ 0 87,500 TOTAL RESTRICTED REVENUE 0 2,223,500 TOTAL NON-RESTRICTED AND RESTRICTED REVENUE 125,000 2,342,500 MTA (Capital Projects) 0 63,505,000 GRANDTOTAL ALL REVENUE $ 125,000 $ _65,847,500 MTA -Metropolitan Transportation Authority EDA -Economic. Development Administration SCAG -Southern California Association of Governments 8 , q way ~t~~~~ Council of Governments Southeast Los Angeles County ' EARLY CHECK RETU T ~iL~/ July 24, 1997 Bruce V. Malkenhost, City Administrator City of Vernon ~ .4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Malkenhost: ~ /~/7 It's .that time of year again. It's time for the members of the Gateway Cities Council of Governments to submit their dues for the 1997/98 Fiscal year. In addition, this year (and next) each member will be assessed a small amount for the matching portion of a grant from MTA for the Mobility and Goods Movement Advisory Council (MAGMAC). The dues for each member are $5,000 and the assessment varies by population (see:,attached).,. We are very proud of our success in the past year. We have obtained over $32 million in grants from MTA for transportation projects in our member jurisdictions. In addition, MTA has approved a $45 million grant for traffic signal synchronization throughout our subregion. To enhance our economic position in the region, we have applied fora $3 million Grant from the Federal Economic Development Administration. The grant is in process but we have received positive response to date. These successes have been a direct result of the collective efforts of our member agencies. Our continued success will rely upon a similar effort. Your continued cooperation and support will allow us to achieve our mutual goals. `-P-le~sp, send both your dues payment of $5,000 and your assessment,,,ac~S~p~a#el;checks~ ±o._ Gateway Cities Council of Governments at 11111 Brookshire, Downey: Thank you for your support. 1~~ 1 Patrick H. West G2~~~: Chairman, City Managers eenng om ittee cc: Steering Committee Gallucci Courtamarche Chambers Joseph Taboada Caton 1 1 111 Brookshire Avenue Downey, CA 90241 (562) 904-0876 CITY COUNCIL DAVID B. BREARLEY City Attorney LEONIS C. MALBURG FAX: (818) 330-5818 Mayor KEVIN WILSON THOMAS A. YBARRA Mayor Pro-Tern Director of Community Services & Water FAX: (213) 588-2761 Wm. "BILL" DAMS Councilman KENNETH J. DeDARI0 Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 Councilman DAVE TELFORD W. MICHAEL McCORMICK Fire Chief Councilman FAX: (213) 581-1385 BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief PAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 May 8, 1997 Mr. Gerald Caton, City Manager City of Downey 11111 Brookshire Avenue Downey, California 90241 Re: Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments (A Joint Powers Authority) Dear Mr. Caton: Enclosed herewith for your records is a fully executed duplicate original of the above-referenced agreement executed by the appropriate officials of the City of Vernon. I am also enclosing a copy of Resolution No. 6941 which approves the agreement and appoints William Davis as representative on the Board of Directors and Hilario Gonzales as the alternate director. The $5,000 contribution was previously mailed to your office. Very truly yours, CITY .OF VERNON oria J. O s o Chief Depu City Clerk GJO/hr Enclosure ~ t o - ~o w~ce ~ ~ SUTURE UNLIMITED gfi ~ rf 16, 1997 yrg~ ,r,.,., . Mr. Bruce V, Malkenhorst City of Vernon ` 4305 Santa Fe Avenue Mb 'jl Vernon, CA 90058 ~ Dear Mr. Malkenhorst; I it is our understanding that your City will approve the Jolnt Exercise of Powers Agreement of the Gateway Cities Council of Governments: If so, please forward an original signed agreement authorizing Vernon's participation in the Gateway Cities Council of Governments to the City of Downey. .jj Also, per your request, attached is a copy of Downey's resolution approving the Agreement. /Additionally, each member city needs to designate by minute action their City Council C/ representative and City Council alternate representative to the COG Board of Directors Please forward the names of the designated Council representative and Gouncil alternate to y I Barbara Donahue, Secretary to the City Manager, City of Downey, 11111 Brookshire Avenue, Downey, CA 90241. Finall for auditin y. g purposes the City of Downey has established a separate account to receive your financial contribution to the Council of Governments. Please make your check ~ payable to the City of Downey, (with notation to Gateway Cities Council of Governments) and remit Vernon's $5,000.00 contribution to: Office of the City Manager „/J City of Downey for the Gateway Cities Council of Governments P.O. Box 7016 Downey, CA 90241-7016 Thank you for your attention to this matter. Sincerely, ~une M. Yotsu Assistant to the City Manager N.~CMANAGERIGOG W GRMNT 10.1TR n 111 BAOOKSHIRE AVENUE r05T OFFICE 8Gx 7018 OOwNEY, CAiJFORNIA 90241-7016 fL ,.R g.~~.. F ~~4 ELQPMF~IT AaG ~ ! •Fi t Intgfsta~~em;,~-B~nk o~ Ca~i~orn~~~~:!!;°-:lI;~II~P'.Y EDNY~E_=;: III! I~~~ I! y~~! ROB =41' ~s-2a%1s2 { 6 9 { bF~~VE € f~1 i i45-0~aoifl~~v~~~ eYn"._"~~~.,~.005A11:r":!!.°°."~ '®"I~„~; ~ u~~ i ~;f !1"y°'"`:!I ,!!~""~i ~6' !9 I gl ; 11220 ~ fl ~ IItl - _ ~ ill: ~li~:ii~-l~~~A~~"~~~x ~~f~": ~-N~~ I, - a j ^~I ~~~A 'I!-~;II:~;Il:-"-:!I .II~!!"°`":!f :li I~ !R ~ :!I II I! 1 AS~IO~fN~I' it CHEGF~1NUf~1~ERi~ ll ~ II~~--!! II---=II=-!! lf~:~-"Il-~-~" I~ I =1! I= i! ' , 05°~~ .9~ ~ I..Ii..ll.:1~. aoo..oa ~ Ia II If.~~ I :11 Il~ll:-~:l! 11.~i1..!I II _ , ! ~ ~ ~.0.~4 ~ ! III l~:~II .II 1~~--I~ ~II~--~If il= ill.-~!! ~ s' If~R~ ~ !i .I! il~- If ~~i ~r f1- l! :l! w: ! !'I~II.:ll 1lII~II Ili II..!! II ~ II II~°II °fl !I -,s !f III II I~~ a~ ~ nl! II ~ II,=I.~ ,IIR,~11 il~! !I~! I! ~i ,,lf ~I 9II }RI_f:, I{,,„!! Ii If ~ I~ ~I ~f ~ 111! i ~ ~ . I ;1~-~.11, .ill..ti:l~..~~..1~:-~-~:~~:se.~i~:,.....:ll:~i1. ~i . - ~F i _ _ _ _ i ! ig:g:~RDER;"fC~ ~'Y.,~ #t i~ ( ci ~ ! fY t = ~ ; I= fi: ' Y8-0Ft~ (i ii ~ .~~e ll.: ~I -E! I!~ ii ~ ~ .'1 '~..i i~ # , I. 9 ~ ~ ~ ~ ~ ! i , ! t ! 3 ! ~ ~ I ! °`y ~ ! ~ ~ ~ ! . 3 = ~ ~ ~ ~ Egecull~e Director- I # ° ~ ~ l~ I~I .II ll.y li i~ ~ ! If js ~ ~i ~ 'I iI :Il. °lI. ~l.1,~~ ~ ~~a ~:11~.1!!~ I :Q t ~ ~ II' ~ ~ _ # Is 1 Ei - I!'"""'"il - II S""' ! IR 1 -..1# s 11 i 11 _I I fl"' i ; I i R. ~ It II ~1 1! Is I~:~, i! if: 31 9 _I~ fi a ~gg p g 1,:~"-!!.`"°~~~ ~ II II "If li 2!{ 1V l~f ` f, ~ I, is =1 If ~ - I) _ I ..,.t tt t ; yes s _I~ e _ 1 ~ a S ~ RO'17 WA gl If~/OI...E i 1 I 1 i 1._ it ,I s..' GROSSE , 1 ~ II .:1N~E7`SI , ! ,.D SC,BI TIO~ AND/O R.)) VOICE NO . - A00041NT O. cDISCOUNT ~ ;gMOUNT I~ f A_RsQ~-~IjdQ. ~ ~'~:`fl ~ 1 11 .iN t 1 a! ~1 Alt(IOUNT ~ z I, # { ~t""'a I~ ~ a 1 I 11 tl 1~ i r , ~ ~ I~, ~ ~ ~ ~ ~a ~ I~~. ~ ~ El~ .~5~. rt i~ of! S~ ~.i ~~~I el -,r R A ~I,~i o! ~4 ~1 `I ~.~l. s4, ~I .~1~ Ii `For Gatewa' ~Ct~iss Counc 1of ~ I ,~1. -I~ !p i, ;~i! I.. A+ t 11 I wS it r ~ ~ - i ~ 'Ei 11 i 1 st i',i ~I ~ ~ 4 rl ~s . S ~ s ;Z i.~ 3 S S i' iB....li iI 4' t ~ F i y iI i;,. A it ;S s.~t .9 , 1 :-.f.. - ~ ~ I ~ . II t } ' . II 4. i i I i g sv 1„° Fa;.~e I?ate, 5,j20/97 ~ k 11.. I ,fit sl :I1 - ~t i . P I . ~7 - 4 ~a' CITY COUNCIL DAVID B. BREARLEY LEONIS C. MALBURG City Attorney Mayor FAX: (818) 330-5818 THOMAS A. YBARRA KEVIN WILSON Mayor Pro-Tem Director of Community Services & Water FAX: (213) 588-2761 Wm. "BILL" DAVIS Councilman KENNETH J. DeDARI0 Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 Councilman DAVE TELFORD W. MICHAEL McCORMICK Fire Chief Councilman FAX: (213) 581-1385 BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) .583-8811 FAX: (213) 581-1178 April 16, 19 7 '1, lJ" City Council City of Vernon Honorable Members: The 27 seven cities located in Southeast Los Angeles County, known as the SELAC cities, have created an organization called the Gateway Cities Council of Governments (COG) which would allow the cities to voluntarily engage in regional and cooperative planning and coordination of government services. A Board of Directors would consist of an appointed Councilmember and an Alternate from each member city. Initial membership fees of $5,000 are required. It is hereby recommended that authority be granted for Vernon to become a member of COG. The Joint Exercise of Powers Agreement (JPA) of the Gateway Cities Coun o Gove en reviewe by the-City Attorney, and it is also recommended that said JPA be approved and executed. Very truly yours, Bru e V. Malken rst City Clerk. BVM/hr RPP-16-92 WEU 1716 P, 02 pS1 D11O{y^,~~ ~ I1~ % • _ G~ O ~OGUtl~GG ~ ~ ~ U7URE UNLIMITED '^LJFORN~ April 16, 1997 V!A FAX Mr. ~ruCe V. Maikenhorst City of Vernon 4305 Santa Fe Avenue .Vernon, CA 90058 Dear Mr. Malkenhorst: It is our understanding that your City will approve the Joint Exercise of Powers Agreement of the Gateway Cities Counci! of Governments. If so, please forward an original signed agreement authorizing Vernon's participation in the Gateway Cities Council of Governments to the City of Downey: Also, per your request, attached is a copy of Downey's resolution approving the Agreemenk. Additionally, each member city needs fo designate by minute action their City .Council representative and City council alternate representative to the COG Board of Directors. Please forward the names of #hP designated Counci! representa#ive and Council alternate to Barbara Donahue, Secretary to the City Manager, City of Downey, 11111 Brookshire Avenue, Downey, CA 90241, finally, for auditing purposes the .City of Downey has established a separate account to receive your financial contribution to the Council of Governments. Please make your check payable to the City of Downey, (with notation to Gateway Cities Council of > Governments) and remit Vernon's $5,000.00 contribution to: Office of the City Manager City of Downey for the Gateway Cities Council of Governments P. p. E3ox 7016 Downey, CA 90241-7016 Thank you for your attention to this matter. Sincerely, June M. Yotsu Assistant to the City Manager ' H.~CMnNAGER1GOGw,GRMNT t O.LTR ~ ~ 111 BpOOK~HIRE AVENUE POST OFFIGE 8GX 7018 DpWNF.Y, ~QI,I~ORNIA 902 41-701 6 1 ~ April 8, 1997 T0: .Bruce V. Malkenhorst, City Administrator FROM: Chris Romero, Administrative Aide ~/jM SUBJECT: GATEWAY CITIES COUNCIL OF GOVERNMENT The Joint Powers Authority Agreement and the Resolution approving the JPA have been reviewed, everything looks to be in order. The cost to join the COG is $5,000. In addition, I spoke with Bob Rizzo and he said that last night his City Council approved a resolution for participation in the Gateway Cities COG. Please advise if you would like me to send this material to the City Attorney for his review or what our next move will be. 1 1 _ ' WHY CREATE A COG? FOR ECONOMIC DEVELOPMENT • TO NLA.XIMIZE THE SUB-REGION'S COMPETITIVE ADVANTAGE • "COLLABORATE REGIONALLY TO COMPETE GLOBALLY" • MARKET THE SUB-REGION.TO PREVENT FURTHF;R EROSION OF OUR 1CONOMIC INFRASTRUCTURE BY OTHERS • DEVELOP A MECHANISM WHEREBY WE CAN WORK COOPERATIVELY Vt~ITH THE PRIVATE SECTOR (PARTICULARLY OUR INDUSTRY CLUSTERS} TO INCREASE THE SIZE OF THE PIE OF TRANSPORTATION DOLLARS • TO ASSURE "FAIR SHARE" FUNDING FROM MTA • TO CREATE AN OPEN AND LEVEL PLAYING FIELD FOR DETERMINING WHAT THE SUB-REGION'S TRANSPORTATION PRIORITIES ARE • ELEVATE THE TRANSPORTATLON DECISION-MAKING PROCESS TO THE ELECTED OFFICIALS UPON _ RECOMMENDATIONS OI' THE CITY MANAGERS TO BE SUFFICIENTLY INVOLVED IN THE ACTIVITIES OF THE AIR DLSTRICT SCA ( Q~iD) TO CREATE BENEFIT TO TH1; SUB- REGION'S CITIES AND ECONOMY j • .WHILE SUPPORTING THE OBJECTIVES OF CLEAN AIR---- _ DEVELOP AN UNDERSTANDING OI~ wHAT OUR POLLU~rION CONSISTS OF AND DEVELOP A "TAILOR MADE" STRATI:;GY FOR OUR S UB-REGION WITH INPUT FROM THE CITIES ~ AND THE PRIVATE SECTOR • WHO SAYS THE-RULES HAVE TO BE THE SAME FOR ALL i S UB-REGIONS THROUHOUT 4 COUNTIES? k i ~ i • : SERVE:AS AN OMBUDSMAN FOR OUR SUB-REGION'S ECONOMY REGARDING AIR DISTRICT POLICIES AND PROBLEMS • BECOME A PART OF THE SOLUTION WHEN MAJOR EMPLOYERS HAVE LEGITIMATE A.QMD PROBLEMS • PROACTIVELY SEEK INCENTIVE FUNDING TO "GROW CLEAN INDUSTRY AND JOBS TO MANAGE THE DATA BASE OF THE SUB-REGION TO PERFORM THE SLAG PLANNING PROCESS.FOR THE .SUB-REGION TO MAKE IT RELEVANT TO CITIES WORK WITH STATE AND FEDERAL LEGISLATIVE DELEGATIONS FOR THE COMMON GOOD OF THE SUB-.REGION MAXIMIZE AND PROTECT THE SUB-REGION'S "FAIR SHARE" Or ALL SOURCES OF STATE AND FEDERAL FUNDING r s. C s"" f i I j~ i J SAMPLE STAFF REPORT To: Honorable City Council Date From: City Manager Subject: RESOLUTION NO. :APPROVING JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS BACKGROUND The Southern California Association of Governments (SCAG) consists of thirteen. subregions in the Southern California area. The 27 cities located in Southeast Los Angeles County, known as the SELAC cities, form the third largest subregion in SCAG. SELAC cities have unique qualities, strengths and weaknesses. During the past several years, our area has been particularly hard hit due to the recession and the downsizing of the defense industry. Of the fourteen principal metropolitan areas in the western United States, Los Angeles County accounted for 72% of all employment losses from 1990 to 1993. Of the thirteen SCAG subregions, SELAC is the only one with less jobs today than in 1993. The per capita income in our subregion is much lower than the rest of Southern California, and the lowest in the Pacific west. Property tax valuation in our subregion dropped 25% in 1992, and property tax appeals continue to be filed. Population growth in the SELAC subregion is outpacing the national average by over one and a half times, and the area is 95% built out, offering little opportunity for new housing. Many of our communities face costly problems and have little money to address them. Overall, if we look at the SELAC subregion as a patient, we have done little to maintain our health during these tough economic times. Cities have attacked difficulties in a fragmented fashion, rarely looking beyond their own borders for solutions. As a region, however, we have significant collective muscle. We have over 1.7 million residents. One out of every seven jobs in Southern California is in our region. We have more political representation than other subregion. We also have one of the largest economies in the United States, with the largest industrial base in the Pacific west. The ports of Los Angeles and Long Beach together form the largest seaport in the United States. When completed, the Alameda Corridor will be one of the largest public works projects undertaken in the country during this decade. Page 2 COUNCIL OF GOVERNMENTS Given the serious problems many of our cities are facing, and the significant resources our region possesses, it makes sense for us to ban together and create an entity that can take the fullest advantage of our assets to achieve our collective goals and objectives. A Council of Governments (COG) is the proposed vehicle which would allow our cities to voluntarily engage in regional and cooperative planning and coordination of government services It is clearly understood and intended that this COG would not have the authority to compel any of its members to conduct any activities or adopt any objectives which they do not wish to undertake. The goal is simply one of voluntary cooperation for our collective good. With the adoption of the attached Joint Powers Agreement, the Gateway Cities Council of Governments would be created to serve as an advocacy agency representing its members at the regional, state and federal levels. The COG would also serve as a forum for the study. and recommendation of public policy where regionally significant. Such policies might include working cooperatively with the private sector; increasing involvement in the subregional transportation process to guarantee maximum funding for our area; improving the oversight and management of our subregional data bases with regards to population, employment and housing figures to ensure accurate reporting to SCAG for their subregional planning process, and; pursuing and protecting our subregions fair share of state and federal funding. JOINT POWERS AGREEMENT With regard to structure of the COG, a Board of Directors would be created consisting of an appointed Councilmember from each member city. It should be noted that the Mayor of the City of Long Beach would also be a board member, in addition to the elected official from that city. The Board would elect a Chair and Vice-chair and create an Executive Committee consisting of seven of their members to deal with the day-to-day duties of the COG. Given appropriate funding, the Board would have the power to appoint an Executive Director as a staff person. City Managers from the member cities would designate five City Managers to serve as the Policy Advisory Committee to the Board. One of the Board's first duties would be to create by-laws dealing with such things as meeting dates, dues, and other logistics. While the issue of .whether. or not to have dues will not be decided until the Board of Directors convenes, each of the 27 cities is being asked to contribute $5,000 to get the COG off the ground. The request is for $2,500 of this contribution to be from the General. Fund, and $2,500 from eligible restricted sources such as Proposition A, C or AQMD money. 1~ ~ Page 3 RECOMMENDED ACTION It is recommended that the City Council adopt Resolution No. approving the "Joint Exercise of Powers Agreement for Gateway Cities Council of Governments", and approve a contribution of $5,000 for the creation of this COG. G:\CITYMGR\WP\CORRES\M ISC\SELAC\COGRESOL.ATC MANUEL E. GUILLEN Mayor v M DIANE J. MARTINEZ f A14America Gty 1 ' Vice Mayor DR. ESTHER C. CALDWELL -1 r ' ~ Councilmetnlxr yes., HENRY HARKEMA Councilmember CITY OF PARAMOUNT GERALD A. MULROONEY i Councilmember City Manager (310) 220-2222 ~ i - ~F, DATE - --4 : . FIELD(1j - Re: Gateway Cities Council of Governments Dear. FIELD(2): In last~neek's mail you received correspondence advising you about our efforts in the Southeast area to create an organization called the Gateway Cities Council of Govemments. We row have prepared a Joint Powers Agreement and Resolution for adoption by your city to initiate the COG: It must be made clear that. there is not any intent that we create any authority with the power to compel any of our members to implement or pursue goals and objectives contrary to that members will or desire. The goal of the COG. is strictly one of voluntary cooperation among our cities for the collective good... It is our hope that you can make a recommendation to your City Council on this item within the next month. While the -issue of dues will not be resolved until a board• of directors is officially set up, each. city. is being asked to initially contribute up to $5,000. -This is in the combination of $2,500 general fund monies and $2,500 restricted fund monies. Please contact me if funding is going to be a specific problem with your particular City. If you have any questions or concerns, please do not hesitate to contact either myself or any. of the managers on our steering committee. .Attached is: 1. A sample City Council Staff Report 2. The Joint Powers Authority Agreement 3. A Resolution approving the Joint Powers Agreement 4. A List of Commonly Asked Questions with Answers CITY OF PARAMOUNT Patrick H. West City Manager c: City Manager's Steering Committee: Jerry Caton Howard Chambers Dennis Courtemarche -Art Galluchi Jack Joseph G:ICITYMGRIWPICOR RES1M ISC1S ELACICOGM RG. LTR 16400 Colorado Avenue • Paramount. California 90723-5050 • (3101220-2000 COMMONLY ASKED QUESTIONS 1. What Is a CounciF of Governments? A Council of Governments or COG is a Joint Powers Authority consisting of the member cities in any. one- of the sub-regions within a metropolitan planning organization such as SCAG. The COG serves as a forum for the sub-region to speak with one voice and deal primarily with regionaF planning, transportation and housing issues.. It will :provide a,vehicle for the members to voluntarily engage in regional.. and cooperative planning and coordination of government services and .responsibilities to assist the members in the conduct of their affairs. 2. Why Gateway Cities? There has been much talk during :recent years by elected officials .and City Managers that. the acronym "SELAC" does. not do our area justice, aside from simply pointing out our geographic location. Examining the resources and assets of .our region, it is .evident- that our economic future is tied very closely to transportation and goods movement. Our region possesses one of the best freeway systems in the world, the potential of the nation's largest public works project through the Alameda Corridor, and the busiest port in the country when the Long: Beach and L. A. ports are combined, .This positions our region as not only the gateway to the Pacific Rim, but also the gateway to the rest of America.. In fact, more and more goods are now being transported through the ports of Long Beach and Los Angeles rather than going through the Panama Canal. The "Gateway .Cities" moniker represents this region, as does the Silicon Valley in Northern California, or the. Raleigh Durham Technology Triangle on the east coast. 3. Can he Cog Require My City to Do Something it Does Not Want to Do? It is the clear intent among all the cities that the COG shall not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake. 4. What Happens to Our SCAG Membership? If you make the decision to join the COG, the COG will serve as an independent voice for our. sub-region to better interact with SCAG in their regional planning efforts. SCAG is charged with representing our sub-region, however, they also represent twelve other sub-regions. As the third largest sub-region within SCAG, it is important_that we pull together to have .all the clout we possess in dealing with regional issues affecting our residents and businesses. Page 2 5. What about Funding? To get us off the. ground, we are. asking each city to come up with $5,000. Currently, we are utilizing part time policy coordinators or consultants to implement and oversee- many of the SCAG funded planning studies the SELAC area is currently involved. SELAC receives approximately $300,000 per year through SCAG to oversee studies in the region primarily centered around transportation. Each of these SCAG planning grants provides an .administrative allocation to .oversee the planning reports. We are also looking for possible .funding through SCAG and AQMD to sustain the COG. 6. What Are the Goals and Objectives of a COG? The simple purpose of the COG is to speak-with one voice. Our sub-region has been battered by the recent defense downsizing. Our area has lost more that its .share of jobs and businesses. A formal entity representing-our 27 city region can work together to secure grant funding from County, State and Federal agencies. We can also better position ourselves to protect our industrial and commercial base from being raided to relocate outside the Los Angeles area, whether in another County or another State. 7. Who Will Be on the Board of Directors? The Board of Directors will consist of an elected official from each of the 27 cities, in addition to the Mayor of Long Beach. Currently, a policy advisory group made up of nine cities is doing the majority of the work to initiate the COG. The Chairman is Vice Mayor Drug Drummond of Long Beach, the Vice Chair is Councilmember Marcine Shaw of Compton. The other seven representatives are elected officials from Cudahy, Downey, La Habra Heights; Lakewood, Lynwood, Paramount, and Pico Rivera. The board would appoint nine of their members as an executive committee to run the day to day functions of the COG... 8. How Can We Use Restricted Monies to Fund the Cog? We are. allowed to use funds from Proposition A dollars, Proposition C dollars and AQMD SB 2766 dollars for COG-related activities, as long as those dollars are utilized within the parameters of each specific funding source. G:\CITYMGR\WP\CORRES\MISC\SELAC\COGQUEST.ON SAMPLE STAFF REPORT To: Honorable City Council Date From; City Manager Subject: RESOLUTION NO. :APPROVING JOINT EXERCISE OF POWERS .AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS BACKGROUND The .Southern California. Association of Governments (SCAG) consists of thirteen subregions in the Southern California. area. The 27 cities located in Southeast Los Angeles County, known as the SELAC cities, form the third largest subregion in SCAG. SELAC cities have unique qualities, strengths and weaknesses. During the past several years, our area has been particularly hard hit due to the recession and the downsizing of the defense .industry. Of the fourteen principal metropolitan areas in the western United States, Los Angeles County accounted for 72% of all. employment losses .from 1990 to 1993. Ofithe thirteen SCAG subregions, SELAC is the. only one with less jobs today than in 1993. The per capita income in our subregion is much -lower than the rest of Southern California, and the lowest in the Pacific west. Property tax valuation in our subregion dropped. 25% in 1992, and property tax appeals continue to be filed. Population growth in the SELAC subregion is outpacing the national average by over one and a half times, and the area is 95% built out, offering little opportunity for new housing. Many of our communities#ace costly problems and have little money to address them. - Overall, if we look at the SELAG subregion as a patient, we have done little to maintain our health during these tough economic times. Cities fiave attacked difficulties in a fragmented fashion, rarely looking beyond their own borders#or solutions. As a region, however, we have significant collective muscle. We have over 1.7 million residents.. One out of every seven jobs in Southern California is in our region.. We have more political representation than other subregion. We also have -one of the largest economies in the United States, with the largest industrial base in the Pacific west. The ports of Los Angeles and Long. Beach together form the largest seaport in the United States.... When completed, the Alameda Corridor will be one of the largest public works projects undertaken in the country ...during this decade. Page 2 COUNCIL OF GOVERNMENTS Given the serious problems many of our cities are facing, and the significant resources our region possesses, it makes sense for'us to ban together-and create an entity that can take the fullest advantage of our assets to achieve our collective. goals and objectives. A Council of Governments (COG) is the proposed vehicle which would allow our cities to voluntarily engage in regional and cooperative planning and coordination of government services It is clearly understood and intended that this COG would not have the authority to compel any of its members to conduct any activities or adopt any objectives which they do not wish to undertake. The goal is simply one of voluntary cooperation for our collective good. With the adoption of the attached-Joint Powers Agreement, the Gateway Cities Council: of .Governments would be created to serve as an advocacy agency representing its members at the regional, state and federal levels. The COG would also serve as a forum for the study and recommendation of public policy where regionally .significant. .Such policies might include working cooperatively with the private sector; increasing involvement in the subregional transportation- process to guarantee maximum funding for our area; improving the oversight and management of our subregional data bases with regards to population, employment and housing figures to ensure accurate reporting to SCAG for their subregional planning process, and; pursuing and protecting our subregions fair share of state and federal funding. JOINT POWERS AGREEMENT With regard to structure of the COG, a Board of Directors would be created consisting of an appointed Councilmember from each member city.. It should be noted that the Mayor of the City of Long Beach would also be a board member, in addition to the elected official from that city. The Board would elect a Chair and Vice-chair and create an Executive Committee consisting of seven of their members to deal with the day-to-day .duties of the COG. Given appropriate funding, the Board would have the power to appoint an Executive Director as a staff person. City Managers from the member cities would designate five City Managers to serve as the PolicyAdvisory Committee to the Board. One of the Board's first .duties would be to create by-laws dealing with such things as meeting dates, dues, .and other logistics. While the issue of whether ornot to have dues will not be decided until the Board of Directors convenes, each of the 27 cities is being asked to contribute $5,000 to get the COG off the ground. The request is for $2,500 of this contribution to be from the General Fund, and $2,500 from eligible restricted sources such as Proposition A, C or AQMD money. Page 3 RECOMMENDED ACTION It is recommended that the City. Council adopt Resolution No. approving the "Joint. Exercise of Powers Agreement for Gateway Cities Council of Governments", and approve a contribution of $5,000 for the creation ofithis COG. G:\C ITYMG R\WP\CORRESUv11SC\S ELAC\COGRESOL.ATC MANUEL E. GUILLEN ' ~ ~ ~ ~ Mayor All-America city DIANE J. MARTINEZ W Vice Mayor V DR. ESTHER C. CALDWELL ~ ~ Councilmember HENRY HARKEMA `T . V Councilmember CIT i of PA~MOUN'I' GERALD A. MULROONEY Councilmember City Manager (310) 220-2222 March 3, 1997 I II Bruce Malkenhorst, City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Gateway Cities Council of Governments Dear Bruce: Lou Shepard said you were interested in taking a look at the COG once again. I have enclosed our original letter we sent to the 27 cities in the Southeast Area, along with the sample Resolution, the Joint Powers Authority Agreement and a list of commonly asked questions. If you should need anything else or have any questions, please do not hesitate to caU rne, and by the way, thanks. CITY OF PARAMOUNT ~...~e_~... Patrick H. West City Manager Enc. 16400 Colorado Avenue • Paramount, California 90723-5050 • (310) 220-2000 Facsimiles: City Hall (310) 630-6731, Public Services Facility (310) 630-2713, Sheriff Substation (310) 220-2009 ~ ~ 1,y^ L.~; ' EXECrJTION COPY JOINT EXERCLSE OF POWERS AGREEMENT OF .THE GATEWAY CI1'IFS COUNCII. OF GO S (A JOINT POWERS AUTHORITY} Prepared pre baw by Burke, wJGams & Sotemea LAX2:159d10.4 EXECU'IZON COPY TABLE OF CONTENTS PAGE Section 1. Recitals • 1 .Section 2. Creation of Separate Legal Entity 2 Section 3. Name 2 Section 4, Purpose and Powers of the Council • • • - • 2 A. Purpose of Council 2 B. Common Powers . 2 C. Exercise of Powers , . 4 D. Restrictions on Exercise of Powers . 4 .Section S. Creation of Board of Directors. S A. Designation of Boazd of Directors Representatives S B. Designation of Alternate Board Representatives 5 G Eligibility ....5 .Section 6. Use of Public Funds and Property . S Section 7. Functioning of Boazd of Directors 5 A. Voting and Participation 5 B. Proxy .Voting 6 C: Quorum ....................6 D. Committees .....................6 L~}C2:159410.4 .1_ EXECUTION COPY E. Actions ...............6 Section 8. Duties of the Board of Directors 6 Section 9. Roberts Rules of Order . . 6 Section 10. Meetings of Board of Directors b Section 11. Election of Chair and Vice -Chair . 7 Section 12. Creation of Executive Committee of Boazd of Directors . 7 Section 13. Executive Director _ 7 Section I4, Creation of City Managers Policy Advisory Committee , , g A. Designation of City Managers Policy Advisory Committee Representatives 8 B. Eligibility. ......8 Section 15. Creation of City Managers Policy Advisory Steering Committee .........8 A. Designation of Southeast Los Angles County City Managers Group Chair 8 B. Election of Additional City Managers Policy Advisory Steering Committee Members 8 .Section 16. Designation of Treasurer-and Auditor 9 .Section 1~. Council Treasurer and Council Auditor . . . . . . ; , , , 9 Section i 8. Designation of Other .Officers and Employees . 9 Section 19. Obligations of Council 9 Section 20. Control and Investment of Council Funds . . 9 .Section 21. Implementation Agreements g In7Q:159410.a -ii- ERECUTION COPY Section 22. Term .9 Section 23. Application of Laws to Council Functions 10 Section 24.. Members . 10 A. Withdrawal . 10 B. Non-Payment of Dues 10 C. Admitting Eligible Members , 10 D. Admitting New Members 10 Section 2S. Interference With. Function of Members . i 1 Section 26. Dues of Members 11 Section 27. Disposition of Assets. 11 .Section 28. Amendment . 11 Section 29. Effective Date 11 I=~7Cg:159d10.4 _111- ' EXECUTION COPY JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GO S (A JOINT POWERS AUTHORITY} This Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments ("Agreement") is -made. and entered into by and .between the public entities (collectively, "Members"} whose names aze set forth on Exhibit A, attached hereto and incorporated herein by this reference, pursuant to Section 6SOQ g= of the Government Code and -other applicable law; ~ITNESSETH: The parties hereto do agree as follows: Section i . Recitals. This Agreement is made and entered into with respect to the fallowing facts: A, Historically, the cities in Southeast Los Angeles County. have worked together on an as needed basis to address azea wide problems and issues, ranging from flood control, groundwater contamination, transportation, solid waste, air quality and through ~ numerous professional groupings of city officials to address legislative changes and other issues. However, the growing need for the cities. in Southeast Los Angeles County to .develop and implement their own sub-regional policies and plans and voluntarily and cooperatively resolve differences among themselves requires a more representative and formal structure. B. The public interest requires a joint powers agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area-wide and sub-regional basis through .the establishment of a council of .governments; C. The. public- interest requires that an agency explore azeas of inter- governmental cooperation and coordination of government programs and provide ..recommendations and solutions. to problems of common and general concern to its Members; D. .The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its members to conduct any. activities or IAA; I59dI0.d -1- ' EXECUTION. COPY implement any plans or strategies that they do not wish to undertake (except for the payment of dues); E. Each Member is a governmental entity established by law with full .powers of government in legislative, administrative, financial, and other related fields; F. Each Member, by and through its legislative body, has determined that asub-regional organization to assist in planning and voluntary coordination among the cities in Southeast Los Angeles County is required in furtherance of the public interest, necessity and convenience; and G. Each Member, by and through its legislative. body, has independently determined that the public interest, convenience and necessity requires the .execution of this Agreement by and on behalf of each such Member. Section 2. Creation of Separate Lg~al~Entity. It is the intention of the Members. to create, by means of this Agreement, a separate legal entity within the .meaning of Section 65Q3.5 of the Government Code. Accordingly, there is hereby created a separate legal entity which shall exercise its powers in accordance with the provisions of this Agreement. and applicable law. Section 3. The name of the said separate legal entity shall be the Gateway Cities Council of Governments ("Council"). Section 4. Purpose and Powers of the o~ncil. A. se Qf Council. The purpose of the creation of the Council is to provide a vehicle for the Members to voluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. It is the clear intent among .cities that the Council shall not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies, that they do not wish to undertake (except for the payment of dues). The goal and intent' of the Council is one of voluntary' cooperation among cities for the collective benefit of cities in Southeast Los Angeles County... B. Common Power. The. Council shall have, and may exercise, the following powers; (1) Serve as an advocate in representing the Members of the Gateway Cities Council of Governments at the regional, state and federal levels on issues. of importance to Southeast Los Angeles County; Laxzassaio.a -2- EREC'CJ'I'ION COPY (2) Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with regional .significance, including but not limited to the following: (a} Promote the economic development of the sub-region by maximizing the sub-region's competitive advantage, to overcome influences that aze eroding the sub-region's economy and to work cooperatively with the private sector; (b) Assume responsibility for the sub-regional transportation planning process, to advocate for maximum public sector funding for the sub-region's transportation needs, to create an open process for. determining the sub-region's transportation priorities, to elevate the decision malting .process to the elected officials upon the recommendations of the City Managers of the sub-region;. (c) To be sufficiently involved in the activities of the South Coast Air Quality Management District so as to respond to District actions affecting the. best interests of the members of the Council of Governments; (d) ?o be sufficiently involved in the .oversight and .management of the data base of he sub-region,. including but not limited to the areas of population, employment, and housing so as to avoid manipulation of the data base by others that is not in the best interest of the sub-region; and to strive for .accurate and true measures of .the needs of the sub-region when judged on a statistical measure for funding, :representation or any other purpose; (e) To perform the Southern California Association of Governments (SCAG) sub-regional planning process; (fl Work with the sub-region's State and Federal elected representatives for the benefit of the members of the .Council of Governments; (g) Seek to maximize and protect the sub-region's fair -share of all State and Federal funding; Cnadasgslo.a -3- ' EXECUTION COPY (h) Serve as a mechanism for obtaining state, federal or regional grants to assist in financing the expenditures of the Council of Governments; (3} Assist in resolving conflicts among the cities in Southeast Los Angeles County as they work to achieve common goals; (4) Explore practical areas for voluntary intergovernmental cooperation in improving the administration or efficiency in the delivery of .government .services; (5) Work towazd building consensus among the cities 'of Southeast Los Angeles County as they strive for common goals for themselves or the sub-region; (6) Make and. enter into contracts, including contracts for the services of engineers, consultants, planners, attorneys, and single purpose public or private getups; Employ agents, officers and employees; (8) Apply for, receive and administer a grant or grants under any federal, state or regional programs; (9} Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (10} .Lease, manage, maintain, and operate any buildings, works or improvements, .and (11) Delegate some or alI of its powers to the Executive Director as hereinafter provided. C. Exercises of Powers. The Council shall, in addition, have all implied powers .necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. D. Restrictions on Exercise of Powers. In accordance .with Government Code Section 6509, the powers of the Council shall be exercised in the manner prescribed in the Joint. Exercise. of Powers Act, Government- Code Sections 6500 et seq., as r.~,xzas9aio.a -4- EXECUTION COPY that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the .City of Paramount, a general law city, in the exercise of similar powers, provided, however, that if the City of Paramount shall cease to be a "member, then the Council shall be restricted in the exercise of its power in the same manner as is the City of Pico Rivera, a general iaw .city. Section 5. Creation of Board of Directors. There is hereby created a Board of Directors for the Council ("Boazd") to conduct the affairs of the Council. The Board shall be constituted as follows: A. n~gnation of Boazd of Directors Re~resentative~. One person shall be designs as a representative of the. Board of Directors by the legislative body of each of the Members. ("Boazd Representative"). The Mayor of the City of Long Beach shall be a Boazd Representative in addition to one person designated by that city's legislative body. B. Designation of Aiternake Board Representatives. One person shall be designated as an alternate representative of the Board by the legislative body of each of the Members ("Alternate Board Representative"). G Eli i iIi No person shall be eligible to serve as a Board Representative or an Alternate Board Representative unless that. person is, at a]1 times during. the .tenure of that person as a Board Representative or Alternate Board Representative, a member of the legislative body of one of the appointing Members. Should any.person serving on the Board fail to maintain the- status as required by this Section 5, that person's position on the Boazd shall be deemed vacated as of the. date such person ceases to qualify pursuant. to the provisions of -this Section 5 and the Member shall be entitled to appoint a qualified replacement. Section 6. se of Public Funds and Property. The Council shall be empowered to utilize for its purposes, public and/or private funds, property and other resources received from the Members and/or from other sources.. Subject to the approval of the. Board of Directors of the Council, the Members shall participate in the funding of the. Council in such a manner as the Board shall prescribe, subject to the provisions of Section 26 of this Agreement. Where applicable, the Board of the Council may permit one or more of the Members to provtd ie ie kind services, .including the use of r m heu of devoang cash to e n mg o e Council's activities. Section 7. Functioning of Board of Directors. A. Voting and Participation. Each Member may cast only one. vote for each issue before the Board through .its representatives. An Alternate Board t +,xzas9alo.a -5- EXECUTION COPY Representative may participate or vale in the proceedings of the Board only in the absence of -that Member's Board Representative. Board Representatives and Alternate. Board Representatives seated on the Board of Directors shall be entitled to pazticipate and vote on matters pending before .the Board only if such person is physically present at the meeting of the Boazd of Directors and if the Member which that. Board Representative or Alternate. Board Representative .represents has timely and fully paid dues as required by this Agreement and the Bylaws. , B. Proxy Voti Q. No absentee ballot or proxy shall be permitted. C, ~ffi. A quorum of the Board of Directors shall consist of not ~ ~ Jai n~ less than fifty percent (SO%} plus one (1) of its total. voting membership.. D. Committees. As needed, the Boazd may create permanent or ad hoc advisory committees to give advice to the. Board of Directors on such matters as may be referred to such committee by the Board.. All committees shall have a stated purpose before they aze formed.: Such a committee shall remain in existence until it is dissolved by the Board.. Qualified persons shall be appointed to such committees by the Board and each. such appointee shall serve at the pleasure of the Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Board, may be composed of representatives to the Board and. non-representatives to the hoard. E. Actions. Actio taken b the Board shall be by not less than fifty percent (SO%) plus one (1) of th votin epresentatives f the Boazd w.ltich are present w~[h a uorum in attendance, unless by a provision o app icable law, .this Agreement,- the Bylaws or by direction o e oard of Directors, a higher number of votes is required to carry a particular motion. Secdon 8. T~ti~riPC of the Board of Directors. The Board shall be deemed, for all purposes, the policy makingbody of the Council. All of the powers of the Council, except as may be .expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the Bylaws or by direction ofthe Board, shall be exercised by and through the Board. Section 9. Roberts Rules: of-Order. The. substance of Roberts Rules of Order shall apply to proceedings of the Board, except as may otherwise be provided by provisions of applicable law, this Agreement, .the Bylaws or by direction of the Board. Section 10. Mgg*~ngs of Board of Directors. The Boazd shall, by means of the adoption of Bylaws, establish the dates and times of regulaz meetings of the Board. The location of each such meeting shall be as directed by the Board. , iaxz:~s~io.a -6- ERECUTION COPY Section 11. ~i~t;^^ ^f Chair and Vice Chair. Thee Chair shall be the chairperson of the Board, .shall conduct all meetings of the Boazd and perform such other duties and functions as required of such person by provisions of applicable law, his agreement, the Bylaws or by the direction of the Board. The Vice Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Board or the Chair. At the first regulaz meeting of the Board, a Board .Representative shall be elected to the position of Chair by the Board, and a different Board Representative shall be elected to the position of Vice Chair of the Board.. The terms of office of the Chair and Vice Chair elected at the first regular meeting of the Boazd shall be for a term of two .years. Thereafter, a Board Representative shall be elected annually to the position of Chair, and a different Board Representative shall be elected to the position of .Vice Chair of the Boazd at the first regular meeting of the Board held in January of each calendaz year. Thereafter the terms of office of the Chair and Vice Chair shall commence and expire at the first regular meeting of the Board held in January of each calendaz year. If there is a vacancy,. far any reason, in the position of Chair or Vice Chair,. the Board shall forthwith conduct an election and fill such vacancy for. the unexpired term of such-prior incumbent. Section 12. ` ~ ti ° r-nmrr~irrr[~ of rhP Rnard of Directors. A. An Executive Committee of the Board of Directors ("Executive Committee) is created to act onbehalf of the Board of Directors, between meetings of the Boazd, within the scope of the adopted budget and within basic policies of the Boazd. B. Members of the Executive Committee shall be the Chair and Vice- Chair of the Board of Directors and shall serve as the Chair and Vice-Chair of the Executive _ Cammitt~ee. Seven additional Board representatives shall be elected by the Board of Directors to serve as members of the Executive Committee. An additional position on the Executive Committee shall be the Mayor of the City of Long Beach. Section 13. Executive Director. The. Executive Committee .shall appoint aM.Executive Director upon concurrence by fifty ,percent {50~) plus one (1) of the total voting membership of the Board of Directors, a qualified person to be Executive Director on any basis the Executive Committee desires including, but not.limited to, a contract or employee basis. The Executive Director shall be neither a Boazd Representative, nor an Alternate Board Representative, nor an elected official of any Eligible Public Entity {as defined in Section 24(c) of this Agreement). The Executive Director shall be the chief i,~xz: ~s9aios -7- EXECUTION COPY administrative officer of the Boazd. The Executive. Director shall receive such compensation as may be fixed by the Executive Committee with the concurrence. of-the Board of Directors. The Executive Director shall serve at the pleasure of the Board of Directors and .may be relieved from such position at any time, without cause, by a vote of fifty percent (54%) plus one (1) of the total voting membership of the Board of Directors taken at a regulaz, . adjourned regular or special meeting of the Board. The Executive Director shall perform such duties as may be imposed upan that person by provisions of applicable law, [his .Agreement, the Bylaws, or by the direction of the Executive. Committee. Section 14. Creation of City Managers Policy Advisory .Committee. There is hereby created a City Managers Policy Advisory Committee {"Policy Advisory Committee") to advise the Boazd. The Policy Advisory. Committee shall be constituted as follows: A. Designation of Cit; Managers Policy_Adyisozy Committee Representatives. The Ciry Manager (or person holding the equivalent position, which position differs only in title) of each of the Members shall be designated as a representative of the. City Managers Policy .Advisory Committee {"Policy Advisory Committee Representative"). B. Eli i ili No person shall be eligible to serve as a Policy Advisory Committee Representative unless that person is, at all times during the tenure of that person as a Policy Advisory Committee Representative, a city manager (or person holding the equivalent position, which position- differs only in title) of one`of the appointing Members. Should any person serving on .the Policy Advisory Committee fail to maintain the status as required by this Section 14, that person's position on the Policy Advisory Committee shall be deemed vacated as of the date such person ceases tv qualify pursuant to the provisions of this Section 14 and. the Member shall be entitled to appoint a qualified replacement. Section 15. Creation of City Managers Policy Advisory Steering mitt There is hereby created a City .Managers Policy Advisory Steering Committee ("Steering Committee°) to advise the Executive Committee. The Steering Committee shall be constituted as follows: A. Designation of Southeast Los.Angles Co~ln~y City Managers Group The Chair of the Southeast Los Angeles County ("SELAC") City Managers Group shall be a member of~the Steering Committee regazdless if he or she is employed by a city that is not a Member of the Council. B. Election Qf Additional City Managers Policy Adviso ,_Steering Committee Members. Five additional Policy Advisory Committee WQ;159a10s -8- EXECY7TION .COPY Representatives shall be elected by the Policy Advisory Committee to serve as members of the Steering Committee. Section 16. Designation of Treasurer and Auditor. The Board of Directors shall, in .accordance with applicable law, designate a qualified person to act as the Treasurer for the Council and a qualified person. to act as the Auditor of the Council. The compensation, if any, of a person or persons holding the offices of Treasurer and/or Auditor shall be set by the Boazd of Directors. Section I7. Co~~^~'>> Treasurer and Council Auditor. The person holding the position of Treasurer of the Council shall have chazge of the depositing and custody of all funds held by the Council. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Boazd of Directors. The Council's Auditor. shall perform such functions as may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction of the Board of Directors. Section 18. Dg~ig_nation of Other Officers attd Emnlovees. The Board. may employ. such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Council. Section 19. Ql~,lig_ations of Council. The debts, liabilities and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever. Section 20. Control and Investment o Council Funds. The Boazd of Directors shall adopt. a policy for the. control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 2I . Imyle~ tion A r m When authorized by the Board of Directors, affected Members may execute an Implementation Agreement for the purpose of authorizing the Council to implement, manage and administer area-wide and regional programs in the interest of the local public welfaze. The costs incurred by the Council in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that Implementation Agreement. Section 22. The Council created pursuant to this Agreement shall continue in existence until such time as -this. Agreement is terminated. This Agreement may uxz;is9sioa -9- l' ERECUTION COPY not be terminated except by an affirmative vote of not less than fifty percent (50%) plus one (1} of the then total voting membership of the Board of Directors. Section 23. Application of Law t~~ o Co~cil Functions. The Council shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 g~ esq., of the Government Code.) Section 24. Mem er . A. Withdrawal. A Member may withdraw from the Council by filing its written notice of withdrawal with the Chair of the Boazd of Directors 60 days before the actual withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60-day period. The withdrawal of a Member shall not in any way discharge, impair or modify the. voluntarily-assumed obligations of the withdrawn Member in existence as of the effective date of its withdrawal.. withdrawal of a Member shall not affect the remaining Members. A withdrawn Member. shall not be entitled to the return. of any funds or other assets belonging to the Council, until the effective date of termination of this Agreement, except that a withdrawn Member shall be entitled to the balance of the annual dues paid for the year by that Member. which were intended for: the remaining path of that year. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the _Council. B. Non-Payment of Duel. If a Member fails to pay .dues within three months of the annual dues assessment as required under Section 26 of this Agreement and the Bylaws, and after a 30-day written notice is provided to than Member, the Member shall be deemed to be suspended from this Agreement and the Council. When a Member is suspended, no representative of that Member shall participate or vote on the Boazd of Directors. Such a Member shall be readmitted only. upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension. C. Admit~in~ Eligible Members. Eligible public entities whose. names are set .forth on Exhibit A to this Agreement. ("Eligible Public Entities") shall be admitted to the Council by 1} adopting. this Agreement by a majority vote of the legislative body of the Eligible Public .Entity and 2) properly signing this Agreement. An Eligible Public Entity may be admitted regardless of whether it adopted and signed this Agreement before or after the Effective Date (as defined in Section 29 of this Agreement). No vote of the Board of .Directors shall be required to admit an Eligible Public Entity, D. Admitting New Members. New Members who are not Eligible Public Entities may be admitted to the Council upon an affirmative vote of not less than fifty percent (SO%} plus one (1) of the total voting membership of the Board provided that such a IA~:159di0.d - l0- . EXECUTION COPY proposed new .Member is a city whose jurisdiction, or part thereof, lies within and/or immediately adjacent to, Southeast Los Angeles County. Admission shall be subject to such terms and conditions. as the Board of Directors may deem appropriate. Section 2S. Interference With Function of Members. The Board of Directors shall not take any action which. constitutes an interference with the exercise of lawful powers by a Member of the Council Section 26. Dues of Members.. The Members of the Council shall be responsible. for the payment to the Council, annually, of dues in the amounts periodically budgeted by the Board, as and for the operating casts. of the Council ("Dues") as provided in the Bylaws. Section 27, ~p9sition of Asset. Upon termination of this Agreement, after the payment of all obligations of the Council, any assets remaining shall be distributed to the Members in proportion to the then obligation of those Members'. obligation to participate th the funding. of the Council as provided in Section 26 hereof. Section 28. Amendment. This Agreement may be amended at anytime with the consent of fifty percent (50%) plus one (1) of all of the legislative bodies of the then parties hereto. Section 29. Effective Date. The effective date ("Effective Date") of this Agreement shall be the first"date on which fifty percent (SO%) plus one (1) of the Eligible .Public Entities. adopt and sign this Agreement.. That the Members of this Joint Powers. Agreement have caused this Agreement to be executed on their behalf, .respectively, as follows: DATED: ,.1996 City of .Mayor ATTEST: City Clerk ta~aas4aioA -I 1- r ERECUTION COPY EXHIBIT A Artesia Lakewood Avalon Long Beach Bell Lynwood Bell Gazdens Maywood Bellflower Montebello Cemtos Norwalk Commerce Paramount Compton Pico Rivera Cudahy Santa Fe Springs Downey Signal Hill Hawaiian Gardens South Gate Huntington Park Vernon La Habra Heights Whittier La Mirada County of Los Angeles I1?X2:]i9sio.a TOTAL P.22