Resolution No. 94811
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RESOLUTION NO. 9481
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
THE AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
WHEREAS, on April 22, 1997, the City Council of the City of
Vernon approved that certain Agreement entitled "Joint Exercise of
Powers Agreement of the Gateway Cities Council of Governments, a Joint
Powers Authority" (the "Agreement") for the purpose of creating an
agency to provide a vehicle for the members of the agency 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; and
WHEREAS, the goal and intent of the Gateway Cities Council of
Governments (the "COG") is one of voluntary cooperation among its
members for the collective benefit of agencies in Southeast Los Angeles
County; and
WHEREAS, the Board of Supervisors of the County of Los
Angeles has expressed its desire for greater participation in the COG
by increasing the number of seats in the COG Board of Directors
available to the Board of Supervisors from one to a maximum of three;
and
WHEREAS, the addition of seats on the COG Board of Directors
would allow all three supervisors who represent unincorporated
territory within the Gateway Cities region to participate on the Board
of Directors; and
WHEREAS, the COG Board of Directors has amended its Bylaws to
increase number of officers of the Board from two to four in order to
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allow for greater opportunity for its members to participate in
leadership roles; and
WHEREAS, the four officers of the COG Board of Directors are
President, First Vice President, Second Vice President, and Immediate
Past President; and
WHEREAS, at its meeting of October 3, 2007, the COG Board of
Directors approved an Amended Joint Exercise of Powers Agreement of the
COG to be submitted for ratification to the members of the COG; and
WHEREAS, the Amended Joint Exercise of Powers Agreement of
the COG is attached as Exhibit A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amended Joint Exercise of Powers Agreement of the Gateway
Cities Council of Governments, in substantially the same form as the
copy which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send one fully executed
Agreement and one certified copy of this Resolution to:
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Gateway Cities Council of Governments
Attn. Richard Powers
16401 Paramount Boulevard
Paramount, CA 90723
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Agreement.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of November, 2007.
ATTEST:
lr--
MANUELA GIRON, fitly Clerk
rdr
Name: Leonis C. Malburg
Title: Mayor / 44ayg- Dr mPm-
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9481, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, November 19, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
MANUELA GIRO City Clerk
(SEAL)
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EXHIBIT A
EXECUTION COPY
(AMENDED)
JOINT EXERCISE OF POWERS AGREEMENT
OF THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS
(A JOINT POWERS AUTHORITY)
October 2007
EXECUTION COPY
TABLE OF CONTENTS
PAGE
Section1. 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 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................................................6
A.
Voting and Participation.......................................6
B.
Proxy Voting .............................................. _ ....6
C.
Quorum...........................................................6
D.
Committees.......................................................6
E.
Actions............................................................6
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Section 8. Duties of the Board of Directors ..................................................
Section 9. Roberts Rules of Orders.............................................................6
Section 10. Meetings of Board of Directors...................................................7
Section 11. Election of President and Vice-President.....................................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 Angeles 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 of Treasurer and Council Auditor......................................9
Section 18. Designation of Other Officers and Employees...............................9
Section 19. Obligations of Council..............................................................0
Section 20. Control and Investment of Council Funds....................................9
Section 21. Implementation Agreements ............................................. �......9
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Section22. Term ............... I ..................................................................... 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 .......................................... 11
D. Admitting New Members .............................................. 11
Section 25. Interface With Function of Members............ .............................. 11
Section 26. Dues of Members .................................................................. 11
Section 27. Disposition of Assets .............................................................. 11
Section 28. Amendment ......................................................................... 11
Section 29. Effective Date ...................................................................... 11
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 et seq. of
the Government Code and other applicable law:
WITNESSETH:
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. There is further a growing need for the cities in Southeast Los
Angeles County to involve the unincorporated areas of Los Angeles County (the
"County") located in the Southeast Los Angeles County in the development and
implementation of sub -regional policies and plans and in the voluntary and cooperative
resolution of differences between the cities and the unincorporated areas.
C. 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;
D. The public interest requires that an agency explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern to its
Members;
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E. 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 implement any plans or strategies that they do not wish to undertake (except for the
payment of dues);
F. Each Member is a governmental entity established by law with full
powers of government in legislative, administrative, financial, and other related fields;
G. Each Member, by and through its legislative body, has determined
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
H. 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 Legal 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 power 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. Purpose and Powers of the Council.
A. Purpose 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. Common Powers. 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;
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(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
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 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;
(f) 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;
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(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 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 person, 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
f�
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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 the City of Pico Rivera, a
general law 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 the Board of Directors Representatives. Except with
regard to the County, 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 County, in its sole discretion, but subject to the requirement that it shall pay dues
and assume all obligations under this Agreement in proportion to the number of its
Representatives, shall have one, two or three Board Representatives.. The Board
Representative(s) for the County shall reside in and/or represent one of the First,
Second or Fourth Supervisorial Districts and shall be selected by the respective County
Supervisor for said District. The Mayor of the City of Long Beach shall be a Board
Representative in addition to one person designated by the city's legislative body.
B. Designation of Alternate Board Representatives. Except with
regard to the County, one person shall be designated as an alternate representative of
the Board by the legislative body of each of the Members ("Alternate Board
Representative"). The County shall have one, two or three Alternate Board
Representatives, each acting as an alternate for only one of the First, Second and/or
Fourth Supervisorial Districts. The Alternate Board Representative(s) for the County
shall be selected by the respective County Supervisor(s) for the First, Second or Fourth
Supervisorial Districts and shall reside in and/or represent that same Supervisorial
District.
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
emp,�wered 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
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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
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. Quorum. 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.
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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.
Section 11. Election of President and Vice -President. The President 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 -President shall
serve as chairperson in the absence of the President 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 President.
At the first 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 expire at the regular
meeting of the Board held in June 1998, or upon election of replacements. Thereafter,
a Board. Representative shall be elected annually to the position of President, and a
different Board Representative shall be elected to the position of Vice -President of the
Board at the regular meeting of the Board held in June of each calendar year.
Thereafter the terms of office of the President and Vice -President shall commence and
expire at the regular meeting of the Board held in June of each calendar year.
If there is a vacancy, for any reason, in the position of President or Vice -
President, 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 President, First Vice -
President, Second Vice President and Immediate Past President of the Board of
Directors and shall serve as the President, First Vice -President, Second Vice President
and Immediate Past President of the Executive Committee. Eight additional Board
representatives shall be elected by the Board of Directors from city Members to serve
as members of the Executive Committee. Additional positions on the Executive
Committee shall be the Mayor of the City of Long Beach and one, two or three members
of the Board of Supervisors of the County of Los Angeles, as selected by the Board of
Supervisors of the County of Los Angeles. The Board of Directors shall encourage
geographic equity with respect to Executive Committee membership.
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
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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
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. Desianation of Citv Managers 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 a 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 Advisory 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 Angeles County City Managers
Group Chair. 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
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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 Agreement, 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 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.
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Section 23. Application of Laws to Council 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 seg., 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 President 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 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 part of that year. Withdrawal from any Implementation Agreement shall
not be deemed withdrawal from the Council. In addition to being entitled to completely
withdraw from the Council, the County may also partially withdraw and reduce its annual
dues with a corresponding reduction in its ability to participate in and vote on matters
before the Board by filing a written notice of partial withdrawal with the President of the
Board of Directors 60 days before the actual partial withdrawal. Such partial withdrawal
shall indicate which Supervisorial District(s) shall remain active in the Council and which
are being withdrawn and shall be effective at 12:00 o'clock am on the last day of that
60-day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County's annual dues shall be adjusted,
on a pro rata basis, using the effective date of any Supervisorial District withdrawal and
the County shall be entitled to the balance of the annual dues paid for the fiscal year by
the County which were intended for the remaining part of that fiscal year for the
Supervisorial District(s) being withdrawn from participation and the County shall no
longer be able to participate in or vote on behalf of the withdrawn Supervisorial
Districts) on any matter before the Board or Council committees.
B. Non -Payment 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. In the case of the County, if the County fails to pay dues for one
or more of its Supervisorial Districts within three months of the County's annual dues
assessment as required under Section 26 of this Agreement and the Bylaws, and after a
30-day written notice is provided to the County, no representative of the delinquent
Supervisorial District(s) shall participate or vote on the Board. The delinquent
Supervisorial District(s) shall be able to resume participation and voting on the Board
only upon the payment of all dues then owed by the County on behalf of the delinquent
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Supervisorial District including dues incurred prior to and during the period of non-
payment by the County.
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, and 3) paying in full all
dues owed for then current fiscal year. Since County may be admitted to the Council
with voting representatives from one, two or three Supervisorial Districts, the dues to be
paid by County will be based upon the number of Supervisorial Districts that will
represent the County in the Council County, in its sole discretion, may be admitted to
• the Council with representation from fewer than three Supervisorial Districts and may
subsequently increase County's representation by one or more additional Supervisorial
Districts contingent only on payment in full at the time that any additional Supervisorial
District commences representation of the County of all dues for the then current fiscal
year for said Supervisorial District. 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 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 25. 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 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.
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That the Members of this Joint Powers Agreement have caused this Agreement
to be executed on their behalf, respectively, as follows:
DATED: , 2007 City of Vernon
ATTEST:
APPROVED AS TO FORM:
Jeff A. Harrison,.City
Attorney
Mayor
Manuela Giron, City Clerk
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EXHIBIT A
Artesia
Lakewood
Avalon
Long Beach
Bell
Lynwood
Bell Gardens
Maywood
Bellflower
Montebello
_ Cerritos
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
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Revisions
1999 Section 11. Election of Chair and Vice -Chair
1999 Section 12. Creation of Executive Committee of the Board of Directors
2007 Section 5A. Designation of Board of Directors Representatives
2007 Section 5B. Designation of Alternate Board Representative
2007 Section 11. Election of President and Vice -President
2007 Section 12. Creation of Executive Committee of the Board of Directors
2007 Section 24A. Withdrawal
2007 Section 24B. Non -Payment of Dues
2007 Section 24C. Admitting Eligible Members
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CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Manuela Giron, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 9481 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution
of the Amended Joint Exercise of Powers Agreement of the
Gateway Cities Council of Governments
IN WITNESS WHEREOF, I have hereunto z et my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 3rd day of December 2007.
SEAL:
Manuela Giron
City Clerk
1
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 4, 2007
Gateway Cities Council of Governments
Attn: Richard Powers
16401 Paramount Blvd.
Paramount, CA 90723
Re: Resolution No. 9481 - Amended Joint Exercise of Powers Agreement
Dear Mr. Powers:
Transmitted herewith are one fully executed amended Joint Exercise of
Powers Agreement and a certified copy of Resolution No. 9481, approved
by City Council on November 19, 2007.
If you have any questions regarding this matter, please call Mr.
Samuel Kevin Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
9e)— T�—
Kristen Enomoto
Deputy City Clerk
KE:dr
c: S. Kevin Wilson
Resolution No. 9481
Agreement No. 07-134
E,c(usivefy Industrid
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(AMENDED)
JOINT EXERCISE OF POWERS AGREEMENT
OF THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS
(A JOINT POWERS AUTHORITY)
October 2007
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TABLE OF CONTENTS
PAGE
Section1. Recitals .................................................................................
1
Section 2. Creation of Separate Legal Entity ................................................
2
Section3. 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 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 ................................................6
A. Voting and Participation .......................................6
B. Proxy Voting .....................................................
6
C. Quorum ..........................................................6
D. Committees ......................................................
6
E. Actions ............................................................
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Section 8. Duties of the Board of Directors ........................ .......................6
Section 9. Roberts Rules of Orders...... .. ...................... ......... ........6
Section 10. Meetings of Board of Directors............ ........... .....................7
Section 11. Election of President and Vice-President.....................................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 Angeles 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 of 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
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Section22. 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..........................................11
D. Admitting New Members.......................I......................11
Section 25. Interface With Function of Members..........................................11
Section 26. Dues of Members..................................................................11
Section 27. Disposition of Assets..............................................................11
Section 28. Amendment....................................................... ...............11
Section 29. Effective Date......................................................................11
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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 et seq. of
the Government Code and other applicable law:
WITNESSETH:
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. There is further a growing need for the cities in Southeast Los
Angeles County to involve the unincorporated areas of Los Angeles County (the
"County") located in the Southeast Los Angeles County in the development and
implementation of sub -regional policies and plans and in the voluntary and cooperative
resolution of differences between the cities and the unincorporated areas.
C. 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;
D. The public interest requires that an agency explore areas of
intergovernmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern to its
Members;
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E. 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 implement any plans or strategies that they do not wish to undertake (except for the
payment of dues);
F. Each Member is a governmental entity established by law with full
powers of government in legislative, administrative, financial, and other related fields;
G. Each Member, by and through its legislative body, has determined
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
H. 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 Legal 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 power 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. Purpose and Powers of the Council.
A. Purpose 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. Common Powers. 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;
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(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
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 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;
(f) 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;
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(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 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 person, 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
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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 the City of Pico Rivera, a
general law 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 the Board of Directors Representatives. Except with
regard to the County, 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 County, in its sole discretion, but subject to the requirement that it shall pay dues
and assume all obligations under this Agreement in proportion to the number of its
Representatives, shall have one, two or three Board Representatives.. The Board
Representative(s) for the County shall reside in and/or represent one of the First,
Second or Fourth Supervisorial Districts and shall be selected by the respective County
Supervisor for said District. The Mayor of the City of Long Beach shall be a Board
Representative in addition to one person designated by the city's legislative body.
B. Designation of Alternate Board Representatives. Except with
regard to the County, one person shall be designated as an alternate representative of
the Board by the legislative body of each of the Members ("Alternate Board
Representative"). The County shall have one, two or three Alternate Board
Representatives, each acting as an alternate for only one of the First, Second and/or
Fourth Supervisorial Districts. The Alternate Board Representative(s) for the County
shall be selected by the respective County Supervisor(s) for the First, Second or Fourth
Supervisorial Districts and shall reside in and/or represent that same Supervisorial
District.
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
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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
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. Quorum. 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.
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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.
Section 11. Election of President and Vice -President. The President 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 -President shall
serve as chairperson in the absence of the President 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 President.
At the first 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 expire at the regular
meeting of the Board held in June 1998, or upon election of replacements. Thereafter,
a Board. Representative shall be elected annually to the position of President, and a
different Board Representative shall be elected to the position of Vice -President of the
Board at the regular meeting of the Board held in June of each calendar year.
Thereafter the terms of office of the President and Vice -President shall commence and
expire at the regular meeting of the Board held in June of each calendar year.
If there is a vacancy, for any reason, in the position of President or Vice -
President, 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 President, First Vice -
President, Second Vice President and Immediate Past President of the Board of
Directors and shall serve as the President, First Vice -President, Second Vice President
and Immediate Past President of the Executive Committee. Eight additional Board
representatives shall be elected by the Board of Directors from city Members to serve
as members of the Executive Committee. Additional positions on the Executive
Committee shall be the Mayor of the City of Long Beach and one, two or three members
of the Board of Supervisors of the County of Los Angeles, as selected by the Board of
Supervisors of the County of Los Angeles. The Board of Directors shall encourage
geographic equity with respect to Executive Committee membership.
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
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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
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 Managers 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 a 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 Advisory 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 Angeles County City Managers
Group Chair. 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
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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 required by
provisions of applicable law, this Agreement, 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 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.
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Section 23. Application of Laws to Council 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 seg., 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 President 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 60-day period. The withdrawal of a Member shall not in anyway
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. In addition to being entitled to completely
withdraw from the Council, the County may also partially withdraw and reduce its annual
dues with a corresponding reduction in its ability to participate in and vote on matters
before the Board by filing a written notice of partial withdrawal with the President of the
Board of Directors 60 days before the actual partial withdrawal. Such partial withdrawal
shall indicate which Supervisorial District(s) shall remain active in the Council and which
are being withdrawn and shall be effective at 12:00 o'clock am on the last day of that
60-day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County's annual dues shall be adjusted,
on a pro rata basis, using the effective date of any Supervisorial District withdrawal and
the County shall be entitled to the balance of the annual dues paid for the fiscal year by
the County which were intended for the remaining part of that fiscal year for the
Supervisorial District(s) being withdrawn from participation and the County shall no
longer be able to participate in or vote on behalf of the withdrawn Supervisorial
District(s) on any matter before the Board or Council committees
B. Non -Payment 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. In the case of the County, if the County fails to pay dues for one
or more of its Supervisorial Districts within three months of the County's annual dues
assessment as required under Section 26 of this Agreement and the Bylaws, and after a
30-day written notice is provided to the County, no representative of the delinquent
Supervisorial District(s) shall participate or vote on the Board. The delinquent
Supervisorial District(s) shall be able to resume participation and voting on the Board
only upon the payment of all dues then owed by the County on behalf of the delinquent
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Supervisorial District including dues incurred prior to and during the period of non-
payment by the County.
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, and 3) paying in full all
dues owed for then current fiscal year. Since County may be admitted to the Council
with voting representatives from one, two or three Supervisorial Districts, the dues to be
paid by County will be based upon the number of Supervisorial Districts that will
represent the County in the Council. County, in its sole discretion, may be admitted to
the Council with representation from fewer than three Supervisorial Districts and may
subsequently increase County's representation by one or more additional Supervisorial
Districts contingent only on payment in full at the time that any additional Supervisorial
District commences representation of the County of all dues for the then current fiscal
year for said Supervisorial District. 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 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 25. 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 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.
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That the Members of this Joint Powers Agreement have caused this Agreement
to be executed on their behalf, respectively, as follows:
DATED: DV��, 2007 City of Vernon
Mayor �-
y
ATTEST:
C' roc
Manuela Gron, City Clerk
APPROVED TO FORM:
'a
Je J&Nrison, City
A , n
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EXHIBIT A
Artesia
Lakewood
Avalon
Long Beach
Bell
Lynwood
Bell Gardens
Maywood
Bellflower
Montebello
Cerritos
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
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Revisions
1999 Section 11. Election of Chair and Vice -Chair
1999" Section 12. Creation of Executive Committee of the Board of Directors
2007 Section 5A. Designation of Board of Directors Representatives
2007 Section 5B. Designation of Alternate Board Representative
2007 Section 11. Election of President and Vice -President
2007 Section 12. Creation of Executive Committee of the Board of Directors
2007 Section 24A. Withdrawal
2007 Section 24B. Non -Payment of Dues
2007 Section 24C. Admitting Eligible Members
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