Resolution No. 100242
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RESOLUTION NO. 10,024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
SECOND RESTATED AND AMENDED JOINT EXERCISE OF
POWERS AGREEMENT AMONG MEMBERS OF THE SOUTHEAST
CITIES SCHOOLS COALITION
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, on September 5, 2006, the City Councdil of the City
adopted Resolution No. 9115 approving a Joint Exercise of Powers
Agreement (the "Original JPA") with the Cities of Bell, Cudahy,
Huntington Park, Maywood., South Gate and Vernon (collectively, the
"Southeast Cities"), creating the Southeast Local Educational Authority
for the purpose of focusing the common powers and resources of the
Southeast Cities to effectuate an improvement in the levels of
education of their residents; and
WHEREAS, on December 1, 2008, the City Council of the City of
Vernon adopted Resolution No. 9781 approving a First Restated and
Amended Joint Exercise of Powers Agreement of the Authority which,
among other things, changed the name of the Southeast Local Educational
Authority to the Southeast Cities Schools Coalition (the "Authority");
and
WHEREAS, the Mayors and Council Members of the Southeast
Cities are committed to advancing the standard of living of their
residents, promoting education achievement of their residents, fighting
for greater educational opportunities for their residents and lobbying
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for greater educational resources for their residents from the Los
Angeles Unified School District and the State of California; and
WHEREAS, the Mayors and Council Members of the Southeast
Cities recognize their legal powers as cities and their resources to
commence to provide for the educational achievement and educational
opportunities of their residents; and
WHEREAS, on June 29, 2009, the Authority requested that the
City approve a Second Restated and Amended Joint Exercise of Powers
Agreement to add provisions respecting the right to withdraw and the
removal of members; and
WHEREAS, by memo dated July 9, 2009, the City Administrator
has recommended the execution of the Second Restated and Amended Joint
Exercise of Powers Agreement; and
WHEREAS, pursuant to California Government Code Section 6500
et seq., the City is authorized to enter into an agreement with one or
more other public agencies to jointly exercise any power common to the
contracting parties and to create an agency or entity which is separate
from the parties to administer the agreement; 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 the
City; and
WHEREAS, the City Council of the City desires to enter into a
Second Restated and Amended Joint Exercise of Powers Agreement of the
Authority (the "Seconded Amended JPA") with the Southeast Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
(land correct.
SECTION 2: 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: The City Council of the City of Vernon hereby
approves the Second Restated and Amended Joint Exercise of Powers
Agreement of the Authority with the Southeast Cities, in substantially
the form attached hereto as Exhibit A and incorporated by reference.
SECTION 4: The City Council of the City of Vernon hereby
a-uthorizes the Mayor or Mayor Pro-Tem to execute the Second Amended JPA
for, and on behalf of, the City of Vernon and the City Clerk or Deputy
City Clerk is hereby authorized to attest thereto.
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 documents relating to the Second Amended.
SECTION 6: The City Administrator, or his designee, is
hereby authorized and directed to take all actions and do all things
necessary or desirable hereunder with respect to the Authority,
including but not limited to, the execution and delivery of any and all
agreements, certificates, instruments and other documents which they,
or any of them, may deem necessary or desirable and not inconsistent
with the purposes of this Resolution.
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SECTION 7: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
Resolution and one (1) executed signature page of the Second Amended
JPA to:
Southeast Cities Schools Coalition
c/o Jimmy Gutierrez, Esq., General Counsel
Gutierrez & Vera, LLP
12616 Central Avenue
Chino, CA 91710
SECTION 8: 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 20th day of July, 2009.
Name: Hilario Gonzales
ATTEST:
MANUELA GIRON, C'ty Clerk
Title: Mayor /prrr�
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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. 10,024, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, July 20, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRO N_,City Clerk
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EXHIBIT A
JOINT EXERCISE OF POWERS AGREEMENT
SOUTHEAST CITIES SCHOOLS COALITION
(Second Restated and Amended)
This Joint Exercise of Powers Agreement ("Agreement") is made and entered into by and
among the City of Bell ("Bell"), the City of Cudahy ("Cudahy"), the City of Huntington Park
("Huntington Park"), the City of Maywood ("Maywood"), the City of South Gate ("South Gate")
and the City of Vernon ("Vernon"), hereafter collectively referred to as "the Members" and
individually referred to as "Member."
WITNESSETH
WHEREAS, the Members are charter and general law cities located within the southeast
area of Los Angeles County and the public schools serving their residents are operated by the
Los Angeles Unified School District ("LAUSD");
WHEREAS, the exercise of the powers of each Member, both express and implied, and.
the contribution of municipal resources of each Member to advance and effectuate the education
of the residents of each Member are public purposes.
WHEREAS, the Members desire to enhance the educational achievement and expand the
educational opportunities of their residents in and through the public schools serving their
residents and such other educational institutions that exist or may exist, whether public or private
and whether within or outside of their jurisdictional boundaries.
WHEREAS, each Member is authorized to contract with each other for the joint exercise
of their common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code
known as the Joint Exercise of Powers Act.
WHEREAS, the Members believe that it is now appropriate and necessary to create a
new agency for the purpose of facilitating the achievement of their common goals regarding the
educational needs of their residents.
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the Members do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Unless the context otherwise requires, the words and terms
defined in this Article I shall, for the purpose hereof, have the tunings herein specified.
Document No. 19213v2
"Act" means Chapter 5, Division 7, Title 1, of the Government Code known as the Joint
Exercise of Powers Act.
"Agreement" means this Joint Exercise of Powers Agreement.
"Alternate" means the individual appointed by a Member who may act as a Director
when the Director appointed by the Member is unavailable.
"Authority" means the Southeast Cities Schools Coalition.
"Board" means the Board of Directors of the Authority referred to in Section 2.4.
"City Clerk" means the city clerk of any of the Members.
"Coalition" also means the Southeast Cities Schools Coalition.
"Director" means a Council Member appointed by a Member to serve on the Board.
"Finance Director" means a finance director of any of the Members.
"Fiscal Year" means the period from July 1st to and including the following June 30th.
"Legislature" means the Assembly or the Senate of the State of California.
"Mayor" means the mayor of each of the Members.
"Member" means Bell, Cudahy, Huntington Park, Maywood, South Gate or Vernon.
"Secretary" means the Secretary of the Authority appointed pursuant to Section 3.1.
"State" means the State of California.
"Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2.
ARTICLE II
CREATION AND PURPOSE OF AUTHORITY
Section 2.1. Creation of Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the Southeast Cities Schools Coalition, a joint powers authority
("Authority" or "Coalition"). The Authority shall be a public entity separate from the Members
and each of them. The debts, liabilities and obligations of the Authority shall be the debts,
liabilities and obligations of the Authority alone and not of the Members or of any Member. The
Authority also shall be responsible for the administration of this Agreement.
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Section 2.2. Purpose. The purpose of the Authority is the joint exercise of the powers
held in common by the Members, expressed or implied, in order to advance, effectuate or
promote the educational achievement and the educational opportunities of the residents of each_
Member within the jurisdictional boundaries of all of the Members.
Section 2.3. Membership. The Members of the Authority or Coalition are the cities
that have executed this Restated and Amended Agreement and such other cities that adopt this
Agreement, as amended from time to time.
Section 2.4. Board of Directors. The Authority shall be governed by a Board of
Directors ("Board") comprised of one Council Member from each Member ("Director"). The
City Council of each Member shall designate, by resolution or minute action, one of its own
members to the Board and such other of its members as alternates to the Board in the event that
its designated member cannot attend a meeting of the Board. Each Director so appointed shall
hold office on the Board at the pleasure of the City Council making the appointment. Each
Director so appointed shall take and subscribe to the oath of office required by the California
Constitution before he or she may hold the office of Director. The Board shall retain all powers
of the Authority provided that the Board may delegate its executive and administrative powers
and functions.
Section 2.5. Meetings of the Board.
(a) Regular Meetings. The Board shall meet once a month and provide for at least
twelve regular meetings each year unless otherwise amended by a resolution or ordinance of the
Board. The place, date and time of such regular meetings shall be fixed by resolution or
ordinance of the Board, a copy of which shall be filed with the City Clerk of each Member. All
meetings of the Board shall be conducted pursuant to the Ralph M. Brown Act commencing with
section 54950 of the Government Code.
Section 2.6. Minutes. The Secretary shall cause to be kept minutes of the meetings of
the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be
forwarded to each Director and the City Clerk of each Member.
Section 2.7. Voting Power. Each Member shall have one vote which shall be exercised
by its Director at a Meeting of the Board. Each Director present at a meeting of the Board shall
vote yes or no on all motions before the Board; and any vote of abstention shall constitute a yes
vote on the matter upon which the vote is cast.
Section 2.8. Quorum and Required Votes for Any Action. Directors holding a majority
of the votes shall constitute a quorum for the transaction of business, except that less than a
quorum may adjourn from time to time. The affirmative votes of at least four Directors present at
any meeting at which a quorum is present shall be required to take any action by the Board.
Section 2.9. Exercise of Powers. The Board of Directors shall exercise the powers of
the Authority by a majority vote of the Members at a regular or special meeting, or through its
duly adopted ordinances, resolutions, minute actions and contracts, or through the actions of its
Document No. 19213v2 3
chief executive officer, as set forth in the Board's duly adopted ordinances, resolutions or
contracts describing the authority, duties and functions of the chief executive officer.
ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.1. Chairperson, Vice -Chairperson and Secretary. The Board shall appoint
one Director to be Chairperson of the Board. The Board shall appoint another Director to be
Vice Chairperson of the Board. The Board shall appoint, according to the rotation of its
meetings, a City Clerk to be Secretary of the Board. Said Officers shall be appointed at the
Board's organizational meeting, which shall be the final meeting in the month of June. Said
Officers shall perform the duties normal to said offices. The Chairperson shall sign all
ordinances, resolutions and contracts on behalf of the Authority, unless a resolution of the Board
shall provide otherwise, and shall perform such other duties as may be imposed by the Board.
The Vice -Chairperson shall sign all ordinances, resolutions and contracts and perform all of the
Chairperson's duties in the absence of the Chairperson. The Secretary shall countersign all
ordinances, resolutions and contracts signed by the Chairperson or Vice Chairperson on behalf of
the Authority, unless a resolution of the Board shall provide otherwise, and perform such other
duties as may be imposed by the Board.
Section 3.2. Ex-Officio Member. The Board may appoint the area superintendent of
the Los Angeles Unified School District to the Board as an ex-officio member. Such member
shall be seated with the Board and may participate at all of the meetings of the Board except that
said member shall not vote nor participate in any closed session.
Section 3.3. Treasurer. Pursuant to section 6505.5 of the Act, the Treasurer of South
Gate is appointed the Treasurer and Controller of the Authority until the Board appoints
replacements by resolution. The Treasurer shall be the depositary, shall have custody of all of the
accounts, funds and money of the Authority from whatever source, shall have the duties and
obligations set forth in section 6505.5 of the Act and shall assure that there shall be strict
accountability of all funds and reporting of all receipts and disbursements of the Authority.
Section 3.4. Auditor. The Board shall designate an independent certified public
accountant to serve as Auditor and to perform a financial audit of the accounts and records of the
Authority and such other duties as specified by the Act and the Board. The Board shall cause
copies thereof to be filed with the Los Angeles County Auditor and each Member within six (6)
months of the end of every fiscal year or within six (6) months the end of every two fiscal years
by unanimous request of the Board.
Section 3.5. Chief Executive Officer. The Board shall appoint and employ a chief
executive officer (CEO) who shall perform such executive and administrative duties, functions
and powers as may be prescribed by the Board by ordinance, contract or both.
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Section 3.6. Legal Advisor. The Board shall have the power to appoint the legal
advisor of the Authority who shall perform such duties as may be prescribed by the Board.
Section 3.7. Other Employ. The Board shall have the power by resolution to
appoint and employ such other employees or hire such consultants and independent contractors
as it may deem necessary.
Section 3.8. Privileges and Immunities. All of the privileges and immunities from
liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers'
compensation and other benefits which apply to the activities of officers, agents, or employees of
a public agency when performing their respective functions shall apply to the officers, agents or
employees of the Authority to the same degree and extent while engaged in the performance of
any of the functions and ether duties of such officers agents or employees under this Agreement.
None of the officers, agents, or employees appointed or employed by the Board or the Authority
shall be deemed to be employed by any Member or subject to any of the requirements of any
such Member.
ARTICLE IV
POWERS
Section 4.1. General Powers. The Authority shall exercise the powers common to the
Members that are convenient or necessary to accomplish the purpose of this Agreement.
Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to
do all acts convenient or necessary for the exercise of its powers, including but not limited to,
any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to sue and be sued in its own name;
(d) to incur debts, liabilities or obligations including the issuance of revenue bonds,
notes and other instruments of indebtedness as authorized by the Act;
(e) to apply for, receive and utilize grants, loans and other aids from any agency of
the United States of America or of the State or from any other source;
(f) to contract for services of accountants, attorneys, engineers and consultants;
(g) to adopt ordinances, resolutions and regulations;
(h) to receive gifts, contributions and donations of funds, property, services and other
forms of financial assistance from any governmental entity, corporation or person; and
Document No. 19213v2
(i) to acquire, hold, dispose of real and personal property.
ARTICLE V
FINANCIAL AFFAIRS
Section 5.1. Fiscal Year. The Authority shall operate on a fiscal year basis, beginning
July 1 of each year and continuing through June 30 of the following year.
Section 5.2. Accounts. The receipt, transfer and disbursements of all funds of the
Authority shall be accounted for in accordance with generally accepted accounting principles
applicable to governmental agencies. The books and records of the Authority shall be open to
inspection by the Members and their representatives during business hours.
Section 5.3. Financial Statements and Audits. The Treasurer shall maintain the
financial records of the Authority and shall prepare an annual financial statement. The records
of the Authority shall be audited annually by an independent certified public accountant
appointed by the Board as set forth in Section 4.1 hereof. Copies of the auditor's report and
opinion of the Authority's financial statements shall be submitted to the Board and to the
legislative body of each Member by October 31 of each year and filed with the Los Angeles
County Auditor and each Member.
Section 5.4. Financial Commitments. Each Member agrees to allocate funds to the
Authority sufficient for its operation on an annual basis as determined by the Members.
Section 5.5. Bonding. The Board shall require any officer or employee of the
Authority with the responsibility for the receipt, investment and disbursement of Authority funds
to furnish a fidelity bond. If the officer or employee is covered by an existing bond that can be
extended to cover his or her functions under this Agreement, then no further bond shall be
required. The premium of any such bond shall be an appropriate expense of the Authority.
Section 5.6. Insurance and Indemnification. The Authority shall acquire such insurance
as it deems necessary to protect the interests of the Authority, Members, Directors and
employees including general liability, director liability, employer liability and workers
compensation insurance. The Authority also shall provide for the defense and indemnity of its
Directors, officers and employees as set forth in Part 7 of Division 3.6 of Title 1 of the
Government Code commencing with section 995.
ARTICLE VI
10 01'10
Section 6.1. Term. The term of this Agreement shall continue from December 7, 2007,
the date of the filing of the Notice of Joint Powers Agreement, and shall continue until it is
Document No. 19213v2 6
terminated by the adoption of a resolution to that effect by a majority of the Members.
Section 6.2. Withdrawal. Any Member may withdraw from the Coalition provided
that the withdrawal consists of a duly adopted resolution of the City Council of the Member that
is adopted no later than three (3) months prior to the end of the Coalition's fiscal year (June 30)
and communicated to the Coalition no later than two (2) months prior to the Coalition's fiscal
year. Any such withdrawal shall become effective on June 30 following the adoption of the
resolution by the City Council of the withdrawing Member. Notwithstanding any such
withdrawal, the withdrawing Member shall remain liable to the Coalition for any past due
financial contributions to the Coalition. The withdrawing Member also shall remain liable to the
Coalition for any other debts, liabilities and obligations for which it may be liable that arise from
its membership in the Coalition during the period that the Member was a Member of the
Coalition.
Section 6.3., Removal. Upon a majority vote of the Board, a Member may be removed
for any act or omission that the Board considers to be detrimental to the Coalition. Any such
removal shall become effective on June 30 following the action of the Board to remove a
Member. The Member so removed shall remain liable to the Coalition for any past due financial
contributions to the Coalition. The Member so removed also shall remain liable to the Coalition
for any other debts, liabilities and obligations for which it may be liable that arise from its
membership in the Coalition during the period that the Member was a Member of the Coalition.
Once a Member has been so removed, that removed Member may not withdraw pursuant to
Section 6.2 hereof.
Section 6.4. Effective Date. This Restated and Amended Agreement shall become
effective on the date so declared by a resolution of the Board provided that it has been approved
by each Member and executed by the Mayor of each Member. Thereupon, the Authority shall
cause a Notice of Joint Powers Agreement to be filed with the Secretary of State and the Los
Angeles County Clerk.
Section 6.5. Disposition of Assets. Upon termination of this Agreement, all property of
the Authority, both real and personal, shall be distributed among the Members on a prorated
basis according to each Member's monetary contributions to the Authority during the three years
preceding the termination.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.1. Entire Agreement. This Agreement constitutes the entire Joint Powers
Agreement among the Members and supersedes any prior oral or written agreement or
understanding of the Members pertaining to the same subject matter.
Document No. 19213v2 7
Section 7.2. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to:
CITY OF BELL
Attention: City Manager
6330 Pine Avenue
Bell, California 90201
CITY OF CUDAHY
Attention: City Manager
5220 Santa Ana Street
P.O. Box 1007
Cudahy, California 90201
CITY OF HUNTINGTON PARK
Attention: City Manager
6550 Miles Avenue
Huntington Park, California 90255
CITY OF MAYWOOD
Attention: City Manager
4319 E. Slauson Avenue
Maywood, California 90270
CITY OF SOUTH GATE
Attention: City Manager
8650 California Avenue
South Gate, California 90280
CITY OF VERNON
Attention: City Manager
4305 Santa Fe Avenue
Vernon, California 90058
Section 7.3. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State, and is to be so construed.
Section 7.4. Amendments. This Agreement may be amended at any time but only by
an agreement approved by the City Council of each Member and signed by the Mayor of its
Member.
Section 7.5. Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of the
State or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby and shall be valid and enforceable.
Document No. 19213v2 8
Section 7.6. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of any Members. No Member may assign any right or obligation
hereunder without the written consent of the other Members.
Section 7.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, all of which, together, shall constitute
one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by their proper officers thereunto duly authorized and their official seals be hereto
affixed, on the day and year set opposite the name of each of the parties.
Document No. 19213v2 9
Dated: CITY Or VERNON
ATTEST:
, City Clerk
, City Attorney
, Mayor
Document No. 19213v2 15
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 20, 2009
Southeast Cities Schools Coalition
c/o Jimmy Gutierrez, Esq., General Counsel
Gutierrez & Vera, LLP
12616 Central Avenue
Chino, CA 91710
Re: Southeast Cities Schools Coalition Second Restated and Amended Joint Exercise of Powers
Agreement
Dear Mr. Gutierrez:
Transmitted herewith is a copy of the resolution and an original executed signature page of the
above -referenced agreement, approved by City Council on July 20, 2009, through Resolution
No. 10,024.
If you have any questions regarding this matter, please call Mr. Donal O'Callaghan, at (323)
583-8811 ext. 834.
Very truly yours,
'-R6
6wv
Nelly Gi o
City Clerk
NG:dj
c: Resolution No. 10,024
Agreement No. 09-101
E Ccfusivefy Industfial
JOINT EXERCISE OF POWERS AGREEMENT
SOUTHEAST CITIES SCHOOLS COALITION
(Second Restated and Amended)
This Joint Exercise of Powers Agreement ("Agreement") is made and entered into by and
among the City of Bell ("Bell"), the City of Cudahy ("Cudahy"), the City of Huntington Park
("Huntington Park"), the City of Maywood ("Maywood"), the City of South Gate ("South Gate")
and the City of Vernon ("Vernon"), hereafter collectively referred to as "the Members" and
individually referred to as "Member."
WITNESSETH
WHEREAS, the Members are charter and general law cities located within the southeast
area of Los Angeles County and the public schools serving their residents are operated by the
Los Angeles Unified School District ("LAUSD");
WHEREAS, the exercise of the powers of each Member, both express and implied, and
the contribution of municipal resources of each Member to advance and effectuate the education
of the residents of each Member are public purposes.
WHEREAS, the Members desire to enhance the educational achievement and expand the
educational opportunities of their residents in and through the public schools serving their
residents and such other educational institutions that exist or may exist, whether public or private
and whether within or outside of their jurisdictional boundaries.
WHEREAS, each Member is authorized to contract with each other for the joint exercise
of their common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code
known as the Joint Exercise of Powers Act.
WHEREAS, the Members believe that it is now appropriate and necessary to create a
new agency for the purpose of facilitating the achievement of their common goals regarding the
educational needs of their residents.
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the Members do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Unless the context otherwise requires, the words and terms
defined in this Article I shall, for the purpose hereof, have the tunings herein specified.
Document No. 19213v2
"Act" means Chapter 5, Division 7, Title 1, of the Government Code known as the Joint
Exercise of Powers Act.
"Agreement" means this Joint Exercise of Powers Agreement.
"Alternate" means the individual appointed by a Member who may act as a Director
when the Director appointed by the Member is unavailable.
"Authority" means the Southeast Cities Schools Coalition.
"Board" means the Board of Directors of the Authority referred to in Section 2.4.
"City Clerk" means the city clerk of any of the Members.
"Coalition" also means the Southeast Cities Schools Coalition.
"Director" means a Council Member appointed by a Member to serve on the Board.
"Finance Director" means a finance director of any of the Members.
"Fiscal Year" means the period from July Is'to and including the following June 30tn
"Legislature" means the Assembly or the Senate of the State of California.
"Mayor" means the mayor of each of the Members.
"Member" means Bell, Cudahy, Huntington Park, Maywood, South Gate or Vernon.
"Secretary" means the Secretary of the Authority appointed pursuant to Section 3.1.
"State" means the State of California.
"Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2.
ARTICLE II
CREATION AND PURPOSE OF AUTHORITY
Section 2.1. Creation of Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the Southeast Cities Schools Coalition, a joint powers authority
("Authority" or "Coalition"). The Authority shall be a public entity separate from the Members
and each of them. The debts, liabilities and obligations of the Authority shall be the debts,
liabilities and obligations of the Authority alone and not of the Members or of any Member. The
Authority also shall be responsible for the administration of this Agreement.
Document No. 19213v2 2
Section 2.2. Purpose. The purpose of the Authority is the joint exercise of the powers
held in common by the Members, expressed or implied, in order to advance, effectuate or
promote the educational achievement and the educational opportunities of the residents of each
Member within the jurisdictional boundaries of all of the Members.
Section 2.3. Membership. The Members of the Authority or Coalition are the cities
that have executed this Restated and Amended Agreement and such other cities that adopt this
Agreement, as amended from time to time.
Section 2.4. Board of Directors. The Authority shall be governed by a Board of
Directors ("Board") comprised of one Council Member from each Member ("Director"). The
City Council of each Member shall designate, by resolution or minute action, one of its own
members to the Board and such other of its members as alternates to the Board in the event that
its designated member cannot attend a meeting of the Board. Each Director so appointed shall
hold office on the Board at the pleasure of the City Council making the appointment. Each
Director so appointed shall take and subscribe to the oath of office required by the California
Constitution before he or she may hold the office of Director. The Board shall retain all powers
of the Authority provided that the Board may delegate its executive and administrative powers
and functions.
Section 2.5. Meetings of the Board.
(a) Regular Meetings. The Board shall meet once a month and provide for at least
twelve regular meetings each year unless otherwise amended by a resolution or ordinance of the
Board. The place, date and time of such regular meetings shall be fixed by resolution or
ordinance of the Board, a copy of which shall be filed with the City Clerk of each Member. All
meetings of the Board shall be conducted pursuant to the Ralph M. Brown Act commencing with
section 54950 of the Government Code.
Section 2.6. Minutes. The Secretary shall cause to be kept minutes of the meetings of
the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be
forwarded to each Director and the City Clerk of each Member.
Section 2.7. Voting Power. Each Member shall have one vote which shall be exercised
by its Director at a Meeting of the Board. Each Director present at a meeting of the Board shall
vote yes or no on all motions before the Board; and any vote of abstention shall constitute a yes
vote on the matter upon which the vote is cast.
Section 2.8. Quorum and Required Votes for Any Action. Directors holding a majority
of the votes shall constitute a quorum for the transaction of business, except that less than a
quorum may adjourn from time to time. The affirmative votes of at least four Directors present at
any meeting at which a quorum is present shall be required to take any action by the Board.
Section 2.9. Exercise of Powers. The Board of Directors shall exercise the powers of
the Authority by a majority vote of the Members at a regular or special meeting, or through its
duly adopted ordinances, resolutions, minute actions and contracts, or through the actions of its
Document No. 19213v2 3
chief executive officer, as set forth in the Board's duly adopted ordinances, resolutions or
contracts describing the authority, duties and functions of the chief executive officer.
ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.1. Chairperson, Vice -Chairperson and Secretary. The Board shall appoint
one Director to be Chairperson of the Board. The Board shall appoint another Director to be
Vice Chairperson of the Board. The Board shall appoint, according to the rotation of its
meetings, a City Clerk to be Secretary of the Board. Said Officers shall be appointed at the
Board's organizational meeting, which shall be the final meeting in the month of June. Said
Officers shall perform the duties normal to said offices. The Chairperson shall sign all
ordinances, resolutions and contracts on behalf of the Authority, unless a resolution of the Board
shall provide otherwise, and shall perform such other duties as may be imposed by the Board.
The Vice -Chairperson shall sign all ordinances, resolutions and contracts and perform all of the
Chairperson's duties in the absence of the Chairperson. The Secretary shall countersign all
ordinances, resolutions and contracts signed by the Chairperson or Vice Chairperson on behalf of
the Authority, unless a resolution of the Board shall provide otherwise, and perform such other
duties as may be imposed by the Board.
Section 3.2. Ex-Officio Member. The -Board may appoint the area superintendent of
the Los Angeles Unified School District to the Board as an ex-officio member. Such member
shall be seated with the Board and may participate at all of the meetings of the Board except that
said member shall not vote nor participate in any closed session.
Section 3.3. Treasurer. Pursuant to section 6505.5 of the Act, the Treasurer of South
Gate is appointed the Treasurer and Controller of the Authority until the Board appoints
replacements by resolution. The Treasurer shall be the depositary, shall have custody of all of the
accounts, funds and money of the Authority from whatever source, shall have the duties and
obligations set forth in section 6505.5 of the Act and shall assure that there shall be strict
accountability of all funds and reporting of all receipts and disbursements of the Authority.
Section 3.4. Auditor. The Board shall designate an independent certified public
accountant to serve as Auditor and to perform a financial audit of the accounts and records of the
Authority and such other duties as specified by the Act and the Board. The Board shall cause
copies thereof to be filed with the Los Angeles County Auditor and each Member within six (6)
months of the end of every fiscal year or within six (6) months the end of every two fiscal years
by unanimous request of the Board.
Section 3.5. Chief Executive Officer. The Board shall appoint and employ a chief
executive officer (CEO) who shall perform such executive and administrative duties, functions
and powers as may be prescribed by the Board by ordinance, contract or both.
Document No. 19213v2 4
Section 3.6. Legal Advisor. The Board shall have the power to appoint the legal
advisor of the Authority who shall perform such duties as may be prescribed by the Board.
Section 3.7. Other Employees. The Board shall have the power by resolution to
appoint and employ such other employees or hire such consultants and independent contractors
as it may deem necessary.
Section 3.8. Privileges and Immunities. All of the privileges and immunities from
liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers'
compensation and other benefits which apply to the activities of officers, agents, or employees of
a public agency when performing their respective functions shall apply to the officers, agents or
employees of the Authority to the same degree and extent while engaged in the performance of
any of the functions and ether duties of such officers agents or employees under this Agreement.
None of the officers, agents, or employees appointed or employed by the Board or the Authority
shall be deemed to be employed by any Member or subject to any of the requirements of any
such Member.
ARTICLE IV
POWERS
Section 4.1. General Powers. The Authority shall exercise the powers common to the
Members that are convenient or necessary to accomplish the purpose of this Agreement.
Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to
do all acts convenient or necessary for the exercise of its powers, including but not limited to,
any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to sue and be sued in its own name;
(d) to incur debts, liabilities or obligations including the issuance of revenue bonds,
notes and other instruments of indebtedness as authorized by the Act;
(e) to apply for, receive and utilize grants, loans and other aids from any agency of
the United States of America or of the State or from any other source;
(f) to contract for services of accountants, attorneys, engineers and consultants;
(g) to adopt ordinances, resolutions and regulations;
(h) to receive gifts, contributions and donations of funds, property, services and other
forms of financial assistance from any governmental entity, corporation or person; and
Document No. 19213v2
(i) to acquire, hold, dispose of real and personal property.
ARTICLE V
FINANCIAL AFFAIRS
Section 5.1. Fiscal Year. The Authority shall operate on a fiscal year basis, beginning
July 1 of each year and continuing through June 30 of the following year.
Section 5.2. Accounts. The receipt, transfer and disbursements of all funds of the
Authority shall be accounted for in accordance with generally accepted accounting principles
applicable to governmental agencies. The books and records of the Authority shall be open to
inspection by the Members and their representatives during business hours.
Section 5.3. Financial Statements and Audits. The Treasurer shall maintain the
financial records of the Authority and shall prepare an annual financial statement. The records
of the Authority shall be audited annually by an independent certified public accountant
appointed by the Board as set forth in Section 4.1 hereof. Copies of the auditor's report and
opinion of the Authority's financial statements shall be submitted to the Board and to the
legislative body of each Member by October 31 of each year and filed with the Los Angeles
County Auditor and each Member.
Section 5.4. Financial Commitments. Each Member agrees to allocate funds to the
Authority sufficient for its operation on an annual basis as determined by the Members.
Section 5.5. Bonding. The Board shall require any officer or employee of the
Authority with the responsibility for the receipt, investment and disbursement of Authority funds
to furnish a fidelity bond. If the officer or employee is covered by an existing bond that can be
extended to cover his or her functions under this Agreement, then no further bond shall be
required. The premium of any such bond shall be an appropriate expense of the Authority.
Section 5.6. Insurance and Indemnification. The Authority shall acquire such insurance
as it deems necessary to protect the interests of the Authority, Members, Directors and
employees including general liability, director liability, employer liability and workers
compensation insurance. The Authority also shall provide for the defense and indemnity of its
Directors, officers and employees as set forth in Part 7 of Division 3.6 of Title 1 of the
Government Code commencing with section 995.
ARTICLE VI
TERM
Section 6.1. Term. The term of this Agreement shall continue from December 7, 2007,
the date of the filing of the Notice of Joint Powers Agreement, and shall continue until it is
Document No. 19213v2 6
terminated by the adoption of a resolution to that effect by a majority of the Members.
Section 6.2. Withdrawal. Any Member may withdraw from the Coalition provided
that the withdrawal consists of a duly adopted resolution of the City Council of the Member that
is adopted no later than three (3) months prior to the end of the Coalition's fiscal year (June 30)
and communicated to the Coalition no later than two (2) months prior to the Coalition's fiscal
year. Any such withdrawal shall become effective on June 30 following the adoption of the
resolution by the City Council of the withdrawing Member. Notwithstanding any such
withdrawal, the withdrawing Member shall remain liable to the Coalition for any past due
financial contributions to the Coalition. The withdrawing Member also shall remain liable to the
Coalition for any other debts, liabilities and obligations for which it may be liable that arise from
its membership in the Coalition during the period that the Member was a Member of the
Coalition.
Section 6.3. Removal. Upon a majority vote of the Board, a Member may be removed
for any act or omission that the Board considers to be detrimental to the Coalition. Any such
removal shall become effective on June 30 following the action of the Board to remove a
Member. The Member so removed shall remain liable to the Coalition for any past due financial
contributions to the Coalition. The Member so removed also shall remain liable to the Coalition
for any other debts, liabilities and obligations for which it may be liable that arise from its
membership in the Coalition during the period that the Member was a Member of the Coalition.
Once a Member has been so removed, that removed Member may not withdraw pursuant to
Section 6.2 hereof.
Section 6.4. Effective Date. This Restated and Amended Agreement shall become
effective on the date so declared by a resolution of the Board provided that it has been approved
by each Member and executed by the Mayor of each Member. Thereupon, the Authority shall
cause a Notice of Joint Powers Agreement to be filed with the Secretary of State and the Los
Angeles County Clerk.
Section 6.5. Disposition of Assets. Upon termination of this Agreement, all property of
the Authority, both real and personal, shall be distributed among the Members on a prorated
basis according to each Member's monetary contributions to the Authority during the three years
preceding the termination.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.L Entire Agreement. This Agreement constitutes the entire Joint Powers
Agreement among the Members and supersedes any prior oral or written agreement or
understanding of the Members pertaining to the same subject matter.
Document No. 19213v2 7
Section 7.2. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to:
CITY OF BELL
Attention: City Manager
6330 Pine Avenue
Bell, California 90201
CITY OF CUDAHY
Attention: City Manager
5220 Santa Ana Street
P.O. Box 1007
Cudahy, California 90201
CITY OF HUNTINGTON PARK
Attention: City Manager
6550 Miles Avenue
Huntington Park, California 90255
CITY OF MAYWOOD
Attention: City Manager
4319 E. Slauson Avenue
Maywood, California 90270
CITY OF SOUTH GATE
Attention: City Manager
8650 California Avenue
South Gate, California 90280
CITY OF VERNON
Attention: City Manager
4305 Santa Fe Avenue
Vernon, California 90058
Section 7.3. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State, and is to be so construed.
Section 7.4. Amendments. This Agreement may be amended at any time but only by
an agreement approved by the City Council of each Member and signed by the Mayor of its
Member.
Section 7.5. Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of the
State or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby and shall be valid and enforceable.
Document No. 19213v2 8
Section 7.6. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of any Members. No Member may assign any right or obligation
hereunder without the written consent of the other Members.
Section 7.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, all of which, together, shall constitute
one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by their proper officers thereunto duly authorized and their official seals be hereto
affixed, on the day and year set opposite the name of each of the parties.
Document No. 19213v2 9
Dated: q_ I'vofo 1 CITY OF VERNON
I,r_Y�� n_ e.
Hilario Gonzales , Mayor
ATTEST:
Manuela Giron , Cit Clerk
.PROVED S TO FORM:
La e S . Wiener, City Attorney
Document No. 19213Q 15
ccd
6q
RECEIVED 010tz�
JUL 0 9 2009 STAFF REPORT APPROVED 10L
CITY CLERK'S OFF Y ADMINISTRATION OFFICE n 09 1 Y COUNCI&I Y t. T-1 LJ10 I RIM Iq
I
DATE: July 9, 2009 d
TO: Honorable Mayor and City Council
FROM: Donal O'Callaghan, City Administrator
RE: Southeast Cities Schools Coalition - Second Amendment to Joint
Exercise of Powers Agreement
The Board of Directors of the Southeast Cities Schools Coalition is submitting a second
revised Joint Exercise of Powers Agreement ("Second Restated and Amended JPA") of
the Southeast Cities Schools Coalition for City Council consideration and approval. The
Second Amended JPA is intended to optimize the legal basis of the Coalition's purpose
and powers so as to act on behalf of the educational needs of the residents of the six
Southeast Cities: City of Bell, City of Cudahy, City of Huntington Park, City of
Maywood, City of South Gate and the City of Vernon.
The following documents are submitted for consideration and approval:
1. The Resolution of the City Council of the City of Vernon, California, Approving
the Second Restated and Amended Joint Exercise of Powers Agreement of
the Southeast Cities Schools Coalition; and
2.
The second revised Joint Exercise of Powers Agreement of the Southeast
Cities Schools Coalition ("Section Restated and Amended JPA").
Recommendation
It is recommended that the Resolution of the City Council of the City of Vernon,
California, Approving the Second Restated and Amended Joint Exercise of Powers
Agreement of the Southeast Cities Schools Coalition and second revised Joint Exercise
of Powers Agreement of the Southeast Cities Schools Coalition (Second Restated and
Amended JPA) be approved and adopted.
DO:rmt
Attachments
of VPq
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: I July 7, 2009
TO: Donal O'Callaghan, City Administrator
FROM: Jeff A. Harrison, City Attorne 1 9
RE: Southeast Cities Schools Coalition - Second Amendment to
Joint Exercise of Powers Agreement
I have received and reviewed the correspondence from Jimmy
Gutierrez, and all of its enclosures, sent to you on June 29, 2009.
I have attached the original correspondence hereto for your
convenience.
This is the same material that I had informed you some time ago
would be presented to the City for approval. The City has
previously approved the Joint Exercise of Powers Agreement, as well
as the first amendment thereto. This Second Amendment is beneficial
to the parties in that is provides a way for member cities to
withdraw from the Coalition, as well as a means for the Coalition to
remove member cities. Inasmuch as the Second Amendment .to Joint
Exercise of Powers Agreement for the Southeast Cities Schools
Coalition appears to be in the best interests of the City, I would
recommend placing this matter on the City Council agenda for
approval.
JH:jl
Enclosure
R�ECFf1VVED
JUL ��pp0 7`�2009
BY : ____1C���
LAW OFFICES OF
JIMMY L. GUTIERREZ GUTIERREZ & VERA, LLP
RONALD T. VERA. - - CHINO OFFICE - CLAREMILL BOUONT OFFICE
12616 CENTRAL AVENUE 223 WEST FOOTHSECO D FLOOR
- - SECOND FLOOR
EL CENTRAL REAL PLAZA CLAREMONT, CALIFORNIA 91711
OF COUNSEL: CHINO, CALIFORNIA 91710 TELEPHONE (909) 624-2941
ARTHUR D. HODGE TELEPHONE (909)591-6336 FAX (909) 482-0421
FAX (909)628-9803
June 29, 2009.e
Donal O'Callaghan, City Administrator -4r\40)
City of Vernon
4305 Santa Fe Avenue n
Vernon, CA 90058
JUL - 2 2009
Re: Southeast Cities Schools Coalition
Second Amendment to Joint Exercise of Powers Agreement CITY ATTORNEY DEPT.
Dear Mr. O'Callaghan:
On behalf of the Board of Directors of the Southeast Cities Schools Coalition, I am pleased to
submit a second revised Joint Exercise of Powers Agreement ("Second Restated and Amended
JPA") of the Southeast Cities Schools Coalition for your approval. The Second Amended JPA is
intended to optimize the legal basis of the Coalition's purpose and powers so as to act on behalf
of the educational needs of the residents of the six Southeast Cities.
On August 25, 2008, we submitted a revised Joint Exercise of Powers Agreement to the six cities
that are Members of the Coalition for adoption. Thereafter, the Cities of Bell, Maywood and
Vernon adopted it. However, the City of Cudahy requested changes that would permit a
Member City to withdraw from the Coalition.
Therefore, the Board of the Coalition met and considered the request of the City of Cudahy at its
meeting on October 22, 2008. The Board recommended the language regarding a Member's
right to withdraw described in Section 6.2 below. In addition, the Board recommended the
Board's right to remove a Member as described in Section 6.3 below. Since that time, other
issues developed which we believe have been resolved. Therefore, we request that you place this
matter on your City Council's agenda for adoption by the end of July 2009.
NEW PROVISIONS
Here are the only new changes made to the revised Joint Exercise of Powers Agreement:
1. Section 6.2 is renumbered to be Section 6.4.
2. Section 6.3 is renumbered to be Section 6.5. 7RE-C�lVFD
UN 3 0 2009
BY:i
June 29, 2009
Donal O'Callaghan
City of Vernon
Re: Southeast Cities Schools Coalition
Page 2 of 3
3. A new Section 6.2 is added to read as follows:
"Any Member may withdraw from the Coalition provided that the withdrawal
consists of a duly adopted resolution of the City Council of the Member that is
adopted no later than three (3) months prior to the end of the Coalition's fiscal
year (June 30) and communicated to the Coalition no later than two (2) months
prior to the Coalition's fiscal year. Any such withdrawal shall become effective
on June 30 following the adoption of the resolution by the City Council of the
withdrawing Member. Notwithstanding any such withdrawal, the withdrawing
Member shall remain liable to the Coalition for any past due financial
contributions to the Coalition. The withdrawing Member also shall remain liable
to the Coalition for any other debts, liabilities and obligations for which it may be
liable that arise from its membership in the Coalition during the period that the
Member was a Member of the Coalition. "
4. A new Section 6.3 is added to read as follows:
"Upon a majority vote of the Board, a Member may be removed for any act or
omission that the Board considers to be detrimental to the Coalition. Any such
removal shall become effective on June 30 following the action of the Board to
remove a Member. The Member so removed shall remain liable to the Coalition
for any past due financial contributions to the Coalition. The Member so
removed also shall remain liable to the Coalition for any other debts, liabilities
and obligations for which it may be liable that arise from its membership in the
Coalition during the period that the Member was a Member of the Coalition.
Once a Member has been so removed, that removed Member may not withdraw
pursuant to Section 6.2 hereof. "
DOCUMENTS FOR ADOPTION
The following documents are submitted for your consideration and approval:
A. The second revised Joint Exercise of Powers Agreement of the Southeast Cities Schools
Coalition ("Second Restated and Amended JPA") with the language described above; and
B. A Resolution to Adopt the Joint Exercise of Powers Agreement of the Southeast Cities
Schools Coalition.
C. The Joint Exercise of Powers Agreement, Southeast Local Educational Authority,
adopted in 2006 by the six Southeast Cities (the "Original JPA"), which contains the
original language and all of the amendments in the Amended JPA.
Document No. 197942 1637-01
June 29, 2009
Donal O'Callaghan
City of Vernon
Re: Southeast Cities Schools Coalition
Page 3 of 3
If your City Council has adopted the enclosed agreement, please provide us with the Resolution
by which it was adopted. If you have any questions, please call Violet Topete, my assistant.
Sincerely,
Jimmy L. Gutierrez
General Counsel
JLG/vt
Enclosure
cc: Jeff A. Harrison, City Attorney
Mike McCormick, Coalition Member
Document No. 197942 1637-01
JOINT EXERCISE OF POWERS AGREEMENT
SO` n,1EAST LOCAL EDUCATIONALAUTHOUrY
THIS AGREMONT (thf. "Joint Exercise of Powets Agrecme&' or "Agreement') is
dated 2006, by and between the City -.of Bell the, City of Cudahy
C'Cadal
the City of Huntii�,gton Park ("Huntington P - ty of Maywood
Ic"111—
Uaywood") the City of South Gate .("South Gate?), and the -City d
duly organized and existing under the laws of the State of California; ities, , emon"), each
shall collc4dvely
b.e jm&rred to as the "Mciribers."
WITNESSETU
WI)EREAS, the Mombers are located within tho southeast area of Los Angeles County
and their local -schools are operated by the Los Angeles Unified School District ("LAUSW),,
WH RYAS, the Mmbers have joined forces toaddress educational opportunitio at their
local schodis and witorth -a common mission statement vaith Vals and objectives. A copy of the
mission statement with thosogoals and objectives is set forth in Exhibit "I."
WHEREAS, tho Members wish to form -a joint pow-em authority under the Joint Vaerc ise
of Powers 14w of ibe, State ,of California (constituting -Cliapter 5 of Division 7 of Tide I of the
California Government Code) to advance their Common mission statement, goals and objectives;
aad
V 1ho powco the Members
WHEREAS, the, proposed;joint powers authority is exercise
have in common to W, advocate, appear, -explore, and lobby for the appropriate legislative
acfiou, including legislation under the Charter Schools Law of the State of California
.(constituting fart '26.8of Division. 4of Title 2 of the California Education Code) as -well as such
Other action deemed necessary by the Members to fkffier the accomplishment of their mission
statement,,goals and 61;jectives idcatified ou*E"if "I
NOW, TEVYWIVOR33, in consideration of 1he above premises and of the mutual promises
herein contained, the Members do hereby agroe as follows:
AR11CLE I
DEFRqMONS
Sppdo 1. L Definitions. Unless -the context ofhmOw requires, the, words and terms
def
ined ofined in this Article I shall, for the purpose hereof, ba-yr. -the q . iiings h=i-u specified.
"Ace" means Articles 1 through 4 (commencing with section 6500) of Chapter 5,
Division 7, Title I of -the, California Govemment Code: the Joint Exercise of Powers Law of the,
State ofCalifornia.
"Agreement" means t.1us Joint Exervisr, of Powers Agreement.
SwtheW Local EdupaOonid.Aotbority
270-9 [V=006] [1oW-Fxtr6=..Df Powas AV -At]
11
,-Altemate, means the individual appointed by a Member who may act .as a Director
when the Directorappointedby the Member is unavailable.
,,,Authority- =ans the Southeast .Local Educational. Authority, the authority created by
-this Agrrement-
I%oard7' means the Board of Directory or the Authority referred to in Section 2.3, which
shall be the governing body of the Authority.
"Charter Schools Act" WeanS Chapters I through 6 (Commencing with section 47600).of
Part 26.0, Division-4,.of Title 2 of the California Education Code: the Charter Sicbools.Act of the
State of California. -
"Clerk" means the city clerk of any of tho Memb.m.
-Congresie, means either or both the of Representatives Or the Senate Of the TInited
States of America.
. "Director" means -the A=W representative. or Altematp appointed to. the Board
pursuant to $egdon 2.3.
F,niance Director" means a finance director of any ofthe Members.
"Fiscal Year" means the period from July I st to and including the following Jame M
"Goals" mean those goals identified on Exbbit "V'
"Leg
islature" means zitbar or both the Assembly or the Smate of the State of California,
Ubby" means that activity authorized render Bmtions 500Z3 and 50024 of the California
-G.over=ent Code.
"Mayor" means the mayor of each of The Members.
,7&mb.ee, mew Bell, -Cudahy, Huntington Park, Maywood, South GAte or Vernon.
"Mission mission .on Statement" that mis ' statement identified on Exhi-bit 'I
"Objecti
ves'' mean those objectives identified on Exhibit
"Secretary". means the Secretary of the, Authority appointed pursuant to Section 3.1.
,,St.Ektp" mmns the State of California.
"Treasurer" means the Treasurer of the Authority appointed pDramt to -Slection 3.2.
2"-9 IMOffl
ARTICLE.II
GENERAL"PROVISIONS
Section 22� P.�g=se. This Agreement is wade pursuant to the Act providing for the
joint exercise of powers common to the Members and fipr other purposes as permitted =der the
Act and as agreed by one or more of the parties hereto. The purpose of this Agreement is to
form the Authority to ,advance the Mission Statement, Goals and Objoctives in the .manner the
Members deem necessary and appropriate .apd equally share the cost and expense incident 0
such activities.
Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the "Southeast Local EdlJttignal Authority" The Authority sall
h
be, a.public .entity separate and apart f Pm the Members, =4 shaR administer this Agreement.
Section 2�3. &ard of Directors. The Authority shall bo administered by A Board of
Diream consisting of six (6) Directors,'uniless and .until such ikumber is changed .by ameludment
of this Agreement. The City Council of each Member shall have the authority to appoint,
designate, and replace their respective Director -for the Authority_ In addition to selecting a
'Director, theCity -Council of m& Member shall also have the authority to .appoint, designate,
and replace their respective Alternate, who will act as an altemate -representative for the
Authority in the absence of their reSpmfivo Director, `The Board .shall be ,called the `hoard of
Directors of the Southeast Local Educational Authority." Ali voting Rower of the Authority shall
reside in the Board.
•Section 2.4. Meetings of the.Board.
(a) Regular Meetings. The Board sWI meet once •a month and provide for at
least twelve regular meetings each year uW= otht wise waived by a resolution of the Authority.
The date, hour and place of the holding of repilar meetings shalt be fixed by 3resoWon .of the
Board and a .copy of such resolution shall be filed with each of the Members' Clerk.
(b) Special Meetings. Special mwtiags of the Board may ,bo called in
accordance with the provisions ofsection 549$6 of the California Government Code,
(c) lace of,�yieetingi All meetings of the Board shall be held at such
location as set by the Board and rotated .as and when the Board deems appropriate, The initial
location set by the Board is South joate City Hall, 8650 California Avenue, South Gate,
Califomia 90280.
(d) CallNotice and Conduct of Meetings. All meetings of the Board,
including without limitation, regular, adjourned regular and special meetings, shall be .called,
noticed, held .and conducted in accordance with the provisions of the Ralph M. Brown Act
(section 54950 et seq. of the California Government Cade).
Se- cti 2. lvlinu s. The Secretary shall cause to be kept minutes of the aeetings of
the Board and shall, as soon .as possible aftereach meeting, cause a copy of the minutes to be
forwarded to each Director with copies to the Clerk ofeach Member.
KAC0swA 0atc%SrkeQk%SCSCJPA8-hone 3 Soufl st Local L'&mdoasl Authority
270-9 JWJ.2006] [Joint Exewlsc of Pawaa Agea=91
Section 2.6. Votins - Fach Member sW have one vote which shall W exorcisO by a
Director,
Seed 2.7. Quorum and Required Votes for An Action. Directors holding a majority
of the votes shall .constitute a quorwn for the ua=cfion. of business; except that less than a
.quorum may adjourn from time to time. The affirmative votes of at least four Directors present
at any meeting at which a. quorum is present shall be required to take any action by tbe*Boprd,
Section Z.8. 33ylaws. The Board may adopt, from time to time, such bylaws, -rules and
regulations for the conduct of its meetings as we necessary for the purposes hereof.
ARTICLEUI
OFFICERS AND EMPLOYEES
ax. ChgMP—rMn. Vi�a ,and Executive The
Directors shall appoint one of the Mectors to be Ch*pmpn of the ]Board. Vie Directors shall
appoint another Director to be Vice Cha4orsonof the Ward. The Directors shall appoint;
according At the discretion
.cording.to the rotation of its nwotmr Secretary cm
meetings, a(ak to be IS= of the Board.
of the Board, the Directors may appoint an �Fxmufive Director of the A.uftdty- The Officers
shall perform the dudes normal to said offices. The Chairperson shall sign all conlracts on
belalf of :ffie Authority, unless a resolution of the Board shall- provide otherwiso, .and sba.11
perform such other duties as may be bnjmcd by the Bond. The Vice -Chairperson shall sign
contracts and perform all of the Chaiq=son'¢ duties isilhe absence of the Chditp000n. Tire
Secretary shall countersign all contracts signed by the Qaiq=on or Vice Chairperson on
behalf of the Authority, urdess a resolution of the Bmr4 shall provide otherwise, perform such
other dudes as may be Imposed by the Board and cause a copy of this Agreement to be-filod With
the Secretary of State of tine State pursuant to -;the Act. The Executive Director, ifappointed by
thoMroctors, shall administer the day-to-day operations of-the.Mihority.
Section 3.2. Treasurer. Pommt to section 650,5.6 -of -the Act, a finance Dk%tDr 'is
.hereby designated as the Toasturt of the Authority. The Financt Director for South Gate, is
appointed the initial Treasurer of she Authority until the DOW appoints A 'ep14W1nM1 by
resolution. 11r,Treasur fimds
. ez shall be the depositary, shall have ou;Aody.of all the accounts,
'funds
of the Authority from whatever source, shall have, the "os and obligations set forth
in jrch()ns 6505 -and .6505.5 of the Act and -shall assure that there sbshallbee strict accountabilitY of
all ftmds And reporting of AU roceipt and disbursements of the Authority. As provideg], in
s=. tions 6505 and 6505.6 of the Act, the Treasurer shall. raako arrangements With a cord-tied
public accountant or firm of certified public accountants for the wanual audit of accounts and
xecords of the Authority..
S 3.1. .Officers in Charlie Of RecoVLs. Funds .and Accounts. Pursuant to
shall handle and have access to 411
section,6505.1 of the Act, the Tre.a.wshallvo pharge of
,accounts, funds and money of the Authority and all records of the Authority relating thereto; and
the Secretary shall have charge of, handle and have .access to all other records of the Authority.
SbuOio�k Lqc4 gd=. fianal Atthoiity
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Swtion 3.4. Legal Advisor. The Board shall have the power to appoint the legal
advisor of the Authority who shall perform such duties as may be prescribed by the Board.
tip 3.5, �ltbez _E�lp ogees. The Board shall have the power by resolutou to
appoint and employ su>rh other employees, .consultants and 'independent contractors as may be
necessary -for the purposes of this AgmMent.
All of the privileges and immunities from liability, exemption from laws, ordinances and
rules, all pension, relief, disability, workers' compensation and other .benefits which apply tq the
activities of officers, agents, or employees of -a public agency when perfomdrig their respeCtivo
functions shall apply to the •ofcas, agents or employees of the Authority to the same degree and
exte.ut while engaged in the performance of any of the funcfioh�s .and other duties of such officers,.
agents or zmployaes under this AgreeMent.
Nono of the gffrers, agents, or e9mpipyees directly employed by the Board Aall bo
deemed, by season of their employment by the *Board :to be employed by airy Member or, by
Teasou of their .employment by the Doaxd, to be subject to .any of the requir=ents of each
Member.
Section 3.6. Assistant Officers. The Board may by resolution appoint such assistants
to act in the place of the Seeretary or other officers of the Authority (other than -any Director),
and may by resolution Provide for the appointment of additional officers pf the Authority -who
may or may not be directors, as the Board shall from time to tune deem appropriate.
ARTICLE 1V
POWERS
Section 4_1. General Powers. 'file Authority shall exerciso, in the manner. herein,
provided thepowers which are Common to each ofthe Xembers, or as otherwise permWednader
the Act, and, pemsmy to the accomplishment of tbepurpQses of this Agreement, subject to the
restrictions set forth in Section .4.3,. As provided in the Act, the Authority sball be a public .entity
separate from the-Mernbe.m.
Section 4.2. NSR§�ifie Powers The Authority is hereby authorized, in its own name, to
do all,acts necessary for the exercise of the: fbrggoiagpllwers, including but not Malted to, any Of
oil of the Mowing: -
(a) to furtherihe Mission Statement, Goals and Objectives;
(b) to make and enter into Contracts;
(c) to Lobby and perform.-all.acts incident to such activity;
(d) to .explore legislative action to accomplisb the Goals and Objectives;
(e) to .explore whether the Authority may form a non-profit entity and pursue
the actions described under the aarter.Schools Act;
yACV1SAuth cg pcvs0a*uWCSCMA8-l:doc 5 Southeast Local Educ 6=4 Authority
270 9 jaru OKI I.Ymt rauan of Pam= A l
(f) to -forth any entity permissible within the Act to .carry out the acts deemed
necessary by the Board under the Charter Schools Act br advance the Mission, Goals Of
Objectives;
(g) to .employ .agents or employees;
(h) to acquire, coustract, mara$% maintain or operate any authorized public
improvement permitted under the Act, including, but nut limited to section 6585(g) of the Act, as
well -as the common powers of the Members to acquire anypublic capital improvement by the
power of eminent domain;
(i) to "sue tend be sued in its own name;
fj) to issue bonds, notes,,or other evidences of indebtedness, and otherwise to
incur debts, liabilities -or -obligations;
(k) to apply, for, accept, receive and disburse grants, loans and other aids from
any agency of the United States of America or of the State or from any other .source;
(Lj to inxest any money in the treasury pursuant to wtiou 6505.5 .of the Act
which is not "dired for the immediate necessities of the Authority, as the AulOrity determines
is advisable, in the some manner and upon the same comdit 0m as local agencies, pursuant to
section 5.3601 of tho 'Califbrnia GQvernment Code;
(m) to apply for letters of edit or other form of financial guarantees in order
to secure the repayment of bonds, note$, or other evidences of indebtedness -and :enter into
agreements in connection therewith;
.(n) 4o carry out and enfozce All the provisions of this Agreement;
(o) to make and enter into bond purchase ,agreements where the Authority
would.agree to purchase bonds, notes, or other,eviaences ofigl6tedness frbm the.IvlernbM;
(p) purchase obligations of any local agency; and
(q) to oxercise any and all .other powers. as tnay be provided in the Act or held
by the Memboo.
Secfion 4_,,.3. Restrictions on Exercise of Powers. 'lie powers of the Authority shall he
exercised in the minter provided in -the A,ct, exuepi for those powers the Members do -not have in
.common or those retained by the State.
Section4.4. Obligations of Authority. The debts, liabilities and obligations of the
Authority shall not be the debts, liabilities and obligations of the Members.
xXWorth.C.&ftWchoolsNSC;SCIrAsa.d- 6 son+l�f o=�Maoasi /l�rhoo
[lout yxeecise of Power AV=ntAtpt)
.270-9 t8UA09
AJKTICLE V
METHODS OF PROCEDURE; CRBDrr TO MEMBERS,
:Section 5_l. Assumption of Resaonsibilities by the Authority. As Soon as ptactiCahle
aAer the.date of execution of this Agreement, the Directors sball hold the organizational meeting
of the Board At said meeting the Board shall elect a Chairperson and Vice -Chairperson, provide
for its regular meetings as _required .by Section 2.4 .and set the rotation appointments for the
Secretary according to the locations of the regular rf mdngs.
ection 5.2. Crerlit t0 Members. All accounts or funds created and established
pursuant to any instrument or a�roement to .which the Authority .is .a party, and .any interest
earned or ocemed thereon, shall inure to the benefit Of the Members 'n the respective propprtions
for Winch such funds or accounts we= -created.
ARTICLEVI
CONTRIBUTION ACCO'UM AND REPORTS, FUNDS
Section 6 Contri'butions. 'The Members may in the appropriate Circumstance, when
repin d heremtdor:.(a) make .contri-butions from their treasuries for. the purposes set forth herein,
ro) make payz"ts of public finds to defray the cost of such purposes. W make -advances of
public funds for such purposes, such advances to be repaid as provided herein, or (d) use its
persomuel, equipment or per' in lieu of other r mt6bufrons or ,advances. The provisions of
section 6313 of the Act are hereby incorporated into this Agreement by reference.
Section 6=2. Accounts and Reports. TO the extent riot covemd by #:he duties assigned to
a trustee ehosCn by the Authority, the Treasurer shall establish and matai such fumcls and
accounts as may bo - required by good accounting practice or by arty provision of any trust
indenture or oust agreement -pnkxr d into with respect to the proceeds :of any bonds, notes, or
evidonecs of indebtedness issued by the Authority. The books and mcords of the Authority in
tho hands of a trustee or 'the Treasurer shalt be open to inspection at all rieasonable times by
representatives of the Members. The Treasurer.. WitbW 180 d" a#ier the close of each Fiscal
Year, shall give a complete Wry 1eport of all financial activities for such Fiscal Year to the
Members to the extent such activities are not covered by the report of such-#rustee The trustee
appointed under any trust indite or 1rnst agreement shall establish suitable finds, furnish
to carry out the provisions of -said
f�innxrcial reports .and provide suitable accounting procedures
trust Indenture -or trust agreement. Said trustee mad+ be given such shies in said trust indenture
or trust agreement as mayu.desnable to.carry out this Agrwent.
S ction{•3. F s, �SuhJect to the .appUCable provisions of any instruments or
agreement which the Authority may enter into, which ;may Provide for a trustee to receive, have
custody of and disburse Authority funds, the Treasurer of the Authority shalleive, have
.custody of and .disburse Authority f mcls as nearly as Possible in accordance with generally
accepted accounting practices, and shall make the disbursements tegmred by this Agreement .or
to carry out any of the provisions or purposes of tlris AgCeement,
K:=[ South Gate)S9f00}s1SMCJPX8-1.doe
170-9 ISM2061
7
Sw&gast LoW Ed,—fio.0 Authority
(J0Wt Exgrcise of?—cn Aim]
N,
h Board shall S on 6-4. Annual Ru" and Administrative__U2W9P0T
_*, . e )3o . ha adopt a
budge
t for administrative expenses; which shall include all axp=jbs not included in any
financing issue of the Authority, annually prior to July 1st of each year. The estimated amual
administrative expense's of the Authority -shall be allocated by .the Authority to the MPmb=
every.
ARTICLE VH
TERM
RO—d—ilmul. Term. This Agreement -shall become effective, * and the Authority shall
come into existence, on the date the last Member sips thisAgrcemmt 'This Agreement and the
Authority shall thereafter tontmue m full force and effect until terminated by a majority vote of
the.entire Board_
Section 7.2. sition of.Assets. Upox, jennination of this Agreement, all property
6
of jhP Authority, both real orsona:t shall bedivided among the Members = such man= as
ishall be agreed upon by the Members.
4RTICLE'ViRl
miscELLANEous PROVJBIONS
Section 8. 1. Notices. Notices hereunder shall be in writing Psid shall be mifficient if
delivered to.
,C= OF 13ML
Attention: City'Manager
6�30 Pine Avenue
Bell, California 90201
,CM OFICUDAHY
Attention: City. Mahaget
5220 Santa Ana Street
P.O, Box 1007
Cudahy, California 90201
.CITY OF mniNGToNVARK
Attention; City.Manager
6550 Miles A'vmlxb
Huntington -park, Cali.fbrlqia.-90255
-;%oWhmd Local MwarlonA Auftrk
r.=%ou& until tSWm)sNSCSCJPAS-1 OQP 8 t1obt Exmiw of Pwwcn Apvcm=g
270-9 1&=0061
NI
CITY OF MAYWOOD
Attention: City M=ger
4319 R. Slauson Avenue
Maywood, 'CaiifoTnia 90270
CITY OF SOUTH GATE
Attention: City Manager
8650 California Avenue
South Gate, California 90280
CITY OV VERNON
Attention: *jXMWrActing City Clerk
•4305 Santa Ee A'vegut?
Ve'Mon, California 90058
S. tion 8.2. Seefon Headin Z. All section headings in 6is Agreement are for
,onymience of =ference only and are not to be construed .as modifying or governing the
language in the section referred to or to define or limit the scope of any provision of this
,Agreement,
Sion 8_1 onsent. Whenever m this Agreement any consent or approval is
required, the same shall not be oareasonaNy wittiheld.
9cc#ion 8.4. Law :Governing. This Agreement is made in the State .of California under
the constiM ion and laws of the State, and is to be so Apnstrued.
Section $,_5. Amendments. This Agreement may be amended at,at3y iimne, o ifrom time
to time, by a vote of the majority of the entire 9owiL
Secj 8. Enforce_Ment by A.ufihor'ity The Authority is hereby authorized to tako any
-or all legal or equitable actions, including, but not limited to, iplju7action and specific
performance, necessary or po rmitxed.by law to enforce this Agreement.
I ectiQJ] 8_7'. Sevembtlity. Should any pact, terms or provision of this Agreement be
.decided by any .cowrt ,of competent judsdietiorn to be illegal or -in conflict with any law of the
state or otherwise be rendered nncnforceable oir ineffechW, the validity .of the remaining
portions or provisions shall not be 2flected thereby.
Section 88. Su2q ors. T#I<is Agwoment shall he binding upon and shall inure to the
benefit of the successors of the.Members, r-e�vely, Neither Member may MAP My right or
obligation hereunder without the written consent of the other.
pLAC ,South.GatASchools=CJPAS-l.dve
. -r
9
Southeast Imcal Edutafional.Authority
point Execpsc of Poway AgrO-1
N.
Data Sept . 5 , 2006
.= OF VERNON
i.�anis O. Malbuzg, mayor ... .
ATTP,s .
Bruce V. Ma enh but,
#3atgac k J r .
(SRAL) Acting City Clerk
APPROVED AS TO FORM:
Eric T.�Fmswch,pity. Att
K)CG�Sou1h•�iauelSchaolslSCSCTPA8-1.doc 12 'Sou(bow .oW Edo ationsl Audwiw
270-9 [8/2rd"
[Jpint-Excmise of Paw= Agmtmcot]
1.
RXHISI ,. "1"
Mission Statement:
,he Mayors and City Council Members of the Southeast.4rea are not only elected
representatives, bs+t residents of our communities withflrst-hand lrnowledge of the needs of the
students and parents in ow -local schools. We arE committed to .ensuring the availability,
accessibility and high quality of educadontal opportunities that enrich our .citizens' lives
economically, culturally and socially.
Goals and Qbjectives:
Gtoai #l: Make LAUSP accounftble to the tocai ,communities it serves.
lObje�etivesr
M bform and address parents, concetris about educational opportunities and underperforming
schools..
A Improve the integration of schools into the organizations, institutions -and infrastructure of
localconamupiti�s.
■ coordinate with local 'law e>tt`ot =ent to improve student safety on school campuses and in
surrounding areas.
Goal #z: 1Vila31mixe,avaiilxliility of funds for schools in the Southtast cities.
.Ub j�ctives:
. Ewtse that S.putlieast city sc#oois Teoaive their fair share of formula and discretionary funds,
based :on the number, concentration and perfM=WC of students in this xegipc.
* Iavwt more funding into programs that enimce academic perfomance.
increase proportion of funding allocated directly to the local district.
Goal # - Participate in 4ecidOPS pnuiwogto local district administratiou and programs.
:Objectives:
+ participate in:selection of local district Supeziptendent.
$mpower local district Supmintenden"t to select adadnistrative personnel.
y,, CMOutb oatc�scilookls.CSCJPA&l.d*c £7C11ib3t `al.. Swtl�JOW Vualiond AWhM*
2Z0-9ILWWQ [Joint Exereiaoor.PMW AV-Mcm]
COPY
CITY ATTORNEY'S OFFICE
MEMORANDUM
To: Honorable Mayor and Members of the City Council
FROM: Gena M. Stinnett, Assistant City Attorney
cc: Donal O'Callaghan, City Administrator
Laurence S. Wiener, City Attorney
DATE: November 24, 2009
SUBJECT: Proposed Amended Agreement for Southeast Cities Schools Coalition
At the November 30, 2009 City Council information session, our office will provide the City
Council with a summary of the proposed Second Restated and Amended Joint Exercise of
Powers Agreement for the Southeast Cities Schools Coalition circulated for consideration on
August 21, 2009 (the "Revised Agreement"). As you may recall, the City of Vernon is one of
six member cities that is part of the Coalition. This written report provides background and a
table of the key modifications that are being proposed.
Background
On September 5, 2006, the City Council of the City of Vernon adopted Resolution No. 9115
approving a Joint Exercise of Powers Agreement (the "Original Agreement") to..create the
Southeast Local Education Authority. By November 2006, the cities of Bell, Cudahy,
Huntington Park, Maywood, South Gate and Vernon (the "Member Cities") signed the Original
Agreement. The Authority!s general purpose was to focus the common powers and resources of
the Member Cities to improve the levels of education of residents of those cities, and the
Original Agreement provided detailed goals and objectives to accomplish this purpose.
The Coalition has circulated five different proposals to modify the Original Agreement. The
City Council approved the first of those amended agreements in September 2008. However,
some of the other Member Cities requested additional modifications. Subsequently, the City
Council approved two additional versions of the amended agreement, one in December 2008 and
another in July 2009. After the July 2009 version was approved, the City of Cudahy announced
it no longer wanted to participate in the Coalition. It is our understanding that Cudahy withdrew,
in. part, because it believes that the purpose of the organization is not satisfactorily articulated,
the Coalition does not carry insurance, and the proposed budgets are not affordable. Since
Cudahy's announcement, the Coalition has twice circulated revisions to the proposed agreement.
Highlights of Proposed Amendments to Original Agreement
The following table highlights key amendments to the Original Agreement. The first column
describes the provision as it appears in the Original Agreement, and the second column
summarizes the nature of the proposed change.
1272040001 \1 19959W.doc
CITYATTORNEY'S OFFICE
Honorable Mayor and Members of the Citv Council
November 24, 2009
Page 2
Original Agreement
Revised Agreement
1 •
• Officially entitled "Southeast Local
• Appears to change name to "Southeast Cities
Education Authority"
Schools Coalition" and may create a "new
agency"
2.
• City of Cudahy is a Member of the
• City of Cudahy is not a Member of the
Authority
Coalition
3.
. Adopted a common mission statement
• Eliminates Exhibit "1"
with goals and objectives (attached as
Exhibit "1" to the Original Agreement)
• The new purpose statement provides for the
(Sec. 2.1). Sets the following goals:
joint exercise of powers to "advance,
effectuate or promote the educational
Goal 41 is to make LAUSD accountable
achievement and the educational
to the local communities it serves.
opportunities of the residents of each Member
Goal #2 is to maximize availability of
within -the jurisdictional boundaries of all the
Members." (Sec. 2,2)
funds for schools in the Southeast cities.
Goal #3 is to participate in decisions
pertaining to local district administration
and programs.
4.
• The City Council of each Member
• Limits Member's discretion, as only Council
appoints its own Director; may appoint
Members may serve as a Director (Sec. 3.1)
anyone (Sec. 2.3)
5.
• Board of Directors may appoint an
• Board of Directors must appoint a Chief
Executive Director (3.1)
Executive Officer (Sec. 3.5)
6.
a Lists specific powers of the Authority
• Eliminates, among others, (1) the power to
(Sec. 4.2)
Lobby, '(2) the power to form a non-profit
entity and pursue actions under the Charter
Schools Act, (3) the power to apply for letters
of credit or other financial guarantees to
secure repayment of bonds, notes, etc., and
(4) the power to enter into bond purchase
agreements with Members (Sec. 4.2)
1272040001 \118959W.doc
CITY ATTORNEYS OFFICE
Honorable Mayor and Members of the Citv Council
November 24, 2009
Page 3
7.
. Accounts or funds created by any
• Eliminates this provision
agreement to which Authority is a party,
inure to the benefit of the Members in
the respective proportions for which the
account or fund was created (Sec. 5.2)
8.
• Requires Board to adopt annual budget
• Eliminates requirement to adopt annual
(Sec. 6.4)
budget
• The Authority determines what each
• The Coalition determines what each Member
member pays on an annual basis, but it
pays on an annual basis; no requirement it be
is based on the Authority's estimated
equally allocated. (Section 5.4)
annual administrative expenses which
are allocated to the Members equally
• Removes equal sharing of expenses; new
provision is silent (Sec. 2.2)
• Purpose statement includes that costs
and expenses are to be equally shared
(Sec. 2.1)
9.
• To terminate the Authority, a majority
• To terminate the Coalition, a majority of
vote of Authority's Board is required
Members adopt resolutions terminating the
agreement
10.
. Contains no provision regarding
• Allows any Member to withdraw from the
withdrawal of a Member
Coalition provided the withdrawing Member
adopts a resolution three months prior to end
of fiscal year, and gives notice to the
Coalition two months prior to end of fiscal
year (Sec. 6.2)
• The withdrawing Member remains liable for
past due financial contributions
• The withdrawing Member remains liable for
any other debts, liabilities- and. obligations that
arise from membership during period it was a
Member
12720-0001 \118958W.doc
CITY ATTORNEY'S OFFICE
Honorable Mayor and Members of the City Council
November 24, 2009
Page 4
11.
• Contains no provision regarding
• Allows majority vote of Board to remove a
removal of a Member
Member for any act or omission the Board
considers to be detrimental to the Coalition
(Sec. 6.3)
• The removed Member remains liable for past
due financial contributions
• The removed Member remains liable for any
other debts, liabilities and obligations that
arise from membership during period it was a
Member
12.
• Upon termination of Authority, assets
• Upon termination of Coalition, assets
are divided among the Members in such
distributed on a.prorated basis according to
manner as agreed by the Members (Sec.
each Member's monetary contribution to the
7.2)
Coalition during the preceding three years
(Sec. 6.5)
13.
Majority of entire Board may amend
• Each Member (City Council) must approve
agreement
any amendment to the agreement
Conclusion
After reviewing the latest proposed Revised Agreement, we raised certain concerns with the
Coalition's legal counsel regarding the proposed amendments. We requested a conference call
with the Coalition's legal representative and the city attorneys for the remaining Member Cities,
but that conference call did not materialize. 'We had hoped the conference call would -allow us to
work towards a final amended agreement that takes into consideration the concerns of all
remaining Member Cities.
Our office will provide an oral report on this matter at the November 30, 2009 City Council
Information Session. Staff intends to place this item on the December 7, 2009, agenda for
direction as to whether the City Council wishes to proceed with the amendment process.
Attachments (1) Original JPA Agreement
(2) Revised JPA Agreement
12720-0001\1199588v2.doc
Original JPA Agreement
JOINT EXERCISE OF POWERS AGREEMENT
SOMMAST LOCAL EDUCATIONAL AUTIIO)Z=
THIS .AGREEMENT (the 'Joint Exemim of Powers Agreement' or "Agreement') is
dated _� 2W6, by ,and between lbe City .of Bell ('Bell'), the City of Cudahy
( Cudahy'), the City of Huntiagton Park ('Huntington Parr; the City of Maywood
("Maywood'), fbe City of South date ("Routh Gate'), and the City of Vernon ("Vernon'), each
duly organized and existing under the laws.ofthe State of California; the cities, sbail collectively
be referredto as the "Members."
WITNEg3BTA
WHMIIEAS, the Members are located within the southeast w of Los Angeles .Coinq
and fiuir localskbools are operated by the fms Angeles Unified School District rLAUSV);
-WHM IiAS, the Metaliem have joined fomms.to.address educational opportia lilies at their
local schodis and sat -forth it commoh mission slatemeutVith goats and objectives. A copy of the .
mission statement with thosogoals and objoctives is set forth in Exhibit "l: '
WHEREAS, the Members wish to form a joint powers authority vnder-lbe Joint Exercise
of Powers Law of the State.of California (t o )stitating-C)Mpter 5 of Division 7 of Tide I of the
California Goveaumcnt Code) to advance their common mission statement, goals and Objectives;
and
WHEREAS, the proposed joint powers authority is .lo exercise lbe powers the Members
have in common to act, advocate, appea4 explore, and lobby for the appropriate Ieglslative
action, including legislation under the Charter Schools -Law of the State of Callfnmia
(constituting Part'26-$ of Division 4 of Title 2 of the California Education Code) as -well as such
other action doomed neemssmy by Atha Members to further the accomplishment of their mission
statement, goals end rtbjeatives identified on'Hxhibit"I "
'NOW, TI-WREFORE, in consideration of the above premises.and of the mutual Promises
herein contained, the Members do bemby agroe as follows.,
ARTICLE I
DEFTLiIIT ONS
Section J.L Definitions. Unless the contextotherwise roquires, the words and terms
defined in tbb Article I Shall, for the.purpose hereof, bavo the meanings herein specified.
"Act" .means Articles I through 4 (commencing with section 6500) of Chapter 5,
Division 7 Title I of the California GoveMment Code: the Joint'Exercise of Powers Law of the
State of California.
"Agreement" means this Joiai Premise of Powers Agreement.
r(wXZwth(k.el4.4w1d1SCSCYPAe-1Aw l aouUtgW1AWF4u 6*4.AmLbm*
270.9 W2 006] [romlExwi57:.otPowe,e Ape®sN]
"Alternate" ineans the individual appointed .by a Member who may act .as a Direetor
whee the pirw6 appointed by the Member is unavailable,
"Authority" means the Southeast local Aueatiopal-Authority, the authority created by
this Agteement.
"Board" means tb-- Board of Directors of the Authority referred to in Section 2.3, which
shalt be the goveming body of tlleAuthority.
"Chatter Sohools Act" means .Chapters i through 6 (commencing with section 47600) .of
Part 26.0, Division 4,.pf Tithe 2 of the California Education Code: the Charter 86bools Act of the
State of California.
"Clerr, means the city cleric of any of the Members.
"Congress" means dither Pr both th Souse of Representatives or the Senate of the United
6tates of America.
"Director' means the Member representative or Altemate appointed to. the Board
pursuant to $ection 23.
"P3nance Direotore"means a fmanec.director of any of the Members.
"Fiscal `Year" mesas the period frbm 3uly istto and inciu&g the following hoe 30tb•
"Goals" mean those goals identified onBxh568 "i:'
"Legislature" means either or both the Assembly or the SOP* of the State of (: WOMla,
,Ubby" means that activity authorizodlmdar sections 50023 and 50024 of the California
;GovemmeutCode.
"Mayor" means the mayor of each of the Members..
" member' means lien, l uoby, Huntington Patk, Maywood, South Cato or Veraop.
"Mission Statement" means that mission atatementidentified on txhibit "1
"Objectivee mean those objectives identified on Exhibit"I."
"Secretary" mesas the Secretary of the Authorityapporated pursuant to Section 3.1,
"State" means the SW of California.
"'Treasure' means the Tress= ofthe Authority appointed pursuant to Section 3.2.
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ARTICLE n
GENERAL' PROVISIONS
Section 2.1, bu4se. This Agreement is made pureusnt to the Act providing for the
joint .exercise of powers common to the Members and far other purposes as permitted wider the
Act And as ;agreed by one or mote of the parties hereto. The purpose of this Agreement is to
form the Authority to ai:bmcc the Mission Statement, Goals and Objectives in On manper.the-
Members deem necessary and appropriate and equally share the cost and expeose incident to
such activities.
Bech ZLI Ormg2n_ of 44ority. Pursuant to the Act, there is hereby created a.
public entity John known as the " southext Local BdU0169nal Authority." The Authority Shalt
be a.pablic entity separate and apartfrom thp9mbm, and shall Administer this Agreement.
section �i, Board of Directors. 'The Authority shalt be administered by a Board of
Directors consisting 0six{6) Directors, g4kw Aod.until path number is changed by araeudmont
of this Agreement. The City Couacil of each Member shall have -the authority to appoint;
designate, and replace their respectivo Director for She Authority. In addition to selecting a
-Director, the City Council of each Member ahalk also have tho authority to appoint, designate,
and replace their respective .Alternate, who will not as an atteraate -representative for She
Authority in She absence of their wVocfivp Dimotor, The Board shall bo galled the '$0.ard of
Directors of the Southeast Local Educational Authority." Allvoting power of the Authority shall
reside in the Board
(a) ReputarMeetin¢s. Tht+Board sbAll meet once a month and provide for at
least twelve regular meetings each yearunless oWatwise waived by A tescli don of Are Authority -
The date, homt and place of the holding of opflar meetings shall be fixed by resolution .of the
Board and a copy of such resolution shall be filed with each of the-Wtabers' Clerk.
(b) SPEW Mectinza special meetings of the Bond may -be called ja
accordance' with the provisions of section 54956 of the.Calitbmia Government Code,
(e) Place ofM%gt qgs. All meetings of the Board shall be held at such
location as set by the Board and rotated as and when the Board deems appropriate, Tire ipitial
location set by the Board is South Gate City Hall, 8650 California Avenue, South Gate,
California 90280..
(d) Call Notice and Conduct of Meetings. All meetings of tbe'Board,
including'without limitation, regular, adjourned regular -and special meetings, shall he .called,
noticed, held .and conducted in accordance with the provisions of the Ralph M, Brown Act
(section 54950 et scq. of the California Government Code).
Section 2_5. MM rt s. The Secretary shall cause to be kept minutes of titt meetings of
the Board and shall, as soon as possrble attel each meeting, cause a copy of the minutes to 4
forwarded to each Director with oapies to the Cleric of each Member.
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Scoti 24. `_(tine. Each Member shall have Poe vote which shall be exercised by a
Director.
Section 2.1. Quomm and Required Votes for Any Action ,bisectors holding a majority
of the votes shall constitute a .quortmt for the transaction of busineast except that less than a
.cpwrmn may adjourn from time to time. The a9umative votes of At least four Directors present
at any meeting at wbieh a quorum is present shall be required to take any action by the Board,
ti n 2,L Bylaws. Trite Board may adopt, from time to time, such bylaws, rules and
regulations for the conduct of its meetings as .are ueeessary for the purposes hereof.
ARTICLE III
,OFFICERS AND BMPLOYEBS
$"onu Q'hair(erson Vir ititerson searetatv slid Bxenutiv>: Director. The
Directors shall appoint one of rite Duectots to be t�tdT"sm of the $.oard. TILts Directors sban
appoint another Diwotbr to be Vice Chairperson of the BQard. The Directors shall sppoin4
aecosdieg.to the mtatiou of its meotings,.a Cleric to be Soorawy of &* Board. At the disorotion
of the Board, the Directors may i<ppoint = Executive Director of the Authority. Tbo officers
shall perform the duties nand to add Offices. The Chairperson sball sign all cones on
behalf of .the Authority, unless a resolution of the Board shall provide otherwW, and shall
perform such other duties as may be. imposed by the Board. The Vice Clutirpersop shall sign
contracts and perform all of the Chairperson's duties 'in.tha absence of the Chairpetnom Tire
Secretary shall countersign all contracts signed by the Chairperson or Vice Chairperson on
behalf .of the Authority, uaises a resolution .of the Board shall pmvido otherwise, perform such
other duties as may be imposed by the Beard and ,cause a.copy of this Agreement to.be.filed with
the Secretary of State.of the $tslo.pursuant to the Act. Tbc Executive Director, if appointed by
the Aimams, shell administer the day -today operations of.the.Authority.
Section IIy vorpursuant to section 6505.6 of the Act, a Finance Dimator is
hereby. designated as the Trowutet of the Authority. The Finance Direclor for South Cato is
apppioted the initial Tresa ror of Cite Authority until the Board appoints a jeplacemeut by
resolutiop. The firaastorshaR be the depositaty, shall have custody of all of the =Counts. fiords
apd•money pfthe Authority from whatnrersowce, shall have the duties and obligatioas set forth
in gwapas 005 and.6505.5 of the Act and -shall assure that there ahaB he strict aecotntabitity of
all fonds and reporting .of ail receipts and disbursements of the Authority. As pmvided, k
sections 6505 and 650.5.6 of the Act, the Txftm c shall -make arrangements with a certified
public accountant or firm of certified public awountants for rite annual audit of acconots and
records of the, Authority.
Sxiion3� .officers in Charge of Records Funds and Accountspursuant to
section 6505.1 of the Act, the Treasurer shall have charge pf, handle and have access 10 all
noco=ts, funds and money of the Autherity'and all mods of the Authority relating thereto; and
the Secretary shall have charge of, handle and hevonccess to all other records of the Authority.
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Section 3.4. l;eeal Advisor. The Board shall have tho ,power to appoint the legal
advisor of the Authority who sball perform such duties as may be prescribed by the Board.
Smaqp fir Other Bmolovees. The Board shall have .the power by resolution to
appoint and employ such other employees, .cohmltants and independent contractors as may be
necessary rot the purposes of this.Agreemmit
All of the privileges and immunities from HaWity, exemption from laws, ordinances and
rules, all pension, relief" disability, "enters' compensation and other benefits which apply to the
aetMIJOS of officers, agents, or employees of A public agency when pertbrming their respective
functions strait apply to tho o0cers, agents or employees of the Authority to the same dbgree and
extent while angagod in the perforMance ofaay of the f metioosand other duties of such officers,,
agents or employees under tbisAgreament
None of the offieers, agents, or .amrployew directly employed by the Board Shall be
deemed, by reason of their employment by thte'Board to be eaoployed by'aby Member br, by
reason of tboir employment by the Board, to be subject to .any of the rcrinlrtments of each
Member.
Section 3.6. Assistant officers The Board may by resolution appow such assistants
to act in the {dace of the Secretary err other officers of the Authority (other than any Director),
and may by rr,4oletion provide for the appointment of additional officers of the Authority :who
mayor may not be directors, as the Board shall from time to time debm appropriate.
ARTTCLS IV
.i
Section 4.1. General Poweaa 'The Authority shall oxemise, 'in the manner herein,
provided the.powers which are botnmon to each of the Mornbors, or as otherwise permitted:under
the Act, and, necessary to the. accomplishment of ths'tses of this Agreement, subject to :the
res"ons sat forth in Section 4.3, As provided in the Act the Authority shall be a pub* eality
separate from the'Membeas.
Secty 4;. Sncdific Powers. The Authority is hereby autborized, in its own name, to
op all,acts necessary for the exercise of the:fbaagoiogpowers, including but not limited to, any of
All of the following:
(a) to further the Mission Statement, Qoals and Objeetives;
(b) to make and enter into contracts;
(c) to Lobby and perform -all acts incident to mob activity;
(d) to explore legislative action to aceomplidr the Goals and Objectives;
(e) to .explore whether the Avthority may form a non-profit entity and pursue
the actions deseribed under the Charter Schools Act;
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(f) to form any antity permissible within the Act to carry out the acts deemcd
necessary by the Board under the Charier Schools Act or advance the Mission, Goals dr
.Objectives;
(g) to employ.agents or employees;
(h) to acquire, c.cwtruct, manage, maintain or operate any authothed public
improvement permitted under the Act, including, but not limited to section 6585(g) Of the Act, m
well -as the common powers of the Members to acquire any publio capital improvement by the
power of eminent domain;
(i) 'tn'streand be pectin its ownaeme;
(l) to issue bonds, notes, or other evidences of indebtedness, and odrerwise to .
llrour debts, liabiliflesor.obligations;
W to apply for, accq* receive and disburse-grats, loans and other aids from •
any agency of the United States of America or of the State or from any other soume;
q) to invest any money in the treastuy pursuant to section 6505.5.of ft Act
wbid'h is not yoldired for the immeiftate necessities of the Authority, as the Authority determines
is advisably in the same manner and lawn the sate conditions as local agepcles, pursuant to
section3360] of the California i0ovemmettCode.
(�) to apply for letters of credit or other form of fvtanciai guarantees in order
to secure the repayment of bonds, now, or other evidences of indebtedness and enter into
agre=cats in connection.tberswjth;
(n) to carry out and enforce all the provision$ of this Agreement;
(o) to make and enter into bond ptnchaso agreembuts where the; Authority
wouldagreeto purchase bonds, notes, or other evidences oriudebtednass liom the.Mambcss;
(p) .purchase obligatlons of any local agency; and
(q) to excrelse any and all other paw.ersas tray be provided in the Art or held
bythoMcmbtas.
Sectio 4=3. Ttestrictions on Exorcise Of Powers. The powam of the Authority shall be
exercised in the mttMer provided in'the Act, eaoept for those powers the Members de not have ip
common or thoseittainedby the State.
acfia_L. Obliaadous of Authority, Tire debts, liabilities And obligations of dre
Authority shall not be the debts, liabilities and obligations of the Members.
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ARTICLE V
METHODS OF PROCEDURE; CREDIT TO MIiMIiERS
SeTon 3_ [ Assumso
ption of Rssoonsibitities by the Authority. As on as practicable
altar the date of exopution of this. Agreement, the Directors shall bold tho.organizatiooal meeting
of tie l3pattt At'said meeting the Board shall elects Cbairperson and Vice-Cbairpemson, provide
for its regular meetings as.regwted .by Section 2A and sat the mtadon'appointmeots for .tic
•Seczcwy according to the locations of the regular)beetings.
Section 5.2. Credit to Members All accounts or fiords created and established
pursuant to any instrrmfent or agceamtmt to.which the Authority .is.2 Party, and .any interest
earned or Accrped thereon. shall inure to the benefit of lbe.Members in the respective Proportions
forvbieh such funds or accounts were -created.
ACTICMVI
CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS
Sention 6. L CoaWbutions. The Members may in the appropriate circamstagce when
required hereunder 0) make.contalutiomt from their treasuries for the Purpo¢es set imth herdio,
(b) make payments of public funds to defray the cost of mch�purpos(0) makras v � Of
is
public fiords for such purposes, such advancys to he repaid provided
personnel, equipment or property in lieu of otber cantri'butions or advances, The provisions of
section 65.13 of the Act are hereby incorporated into this Agreement by mferehce.
ecrlon GM. Accounts andlteMtls. `lo lbe mct=tAot ap¢eW by ft.dpdcr assipzd to
a trustee ohosen by jie Authority, the Treasurer .shall estpbilsh and y, pru is such limits and
accounts as may bo'rm*ed by good accounting practice or by any, Provision of say trust
indenture or trust agreement entered into with respect to the proceeds :of any. bonds, notes, or
avidpnces of indebtedness issued by ft. Authority. The books and records of the Authority in
the hands of a trusim or the Tmaturrer sbaU be open to inspection At all reasonabletimes by
represantsfives of .the Members. The Treasurer, wlibio 189 days after the close of each Fiscal
Year, sbsll give a complete Witten rep®rt of all RuawW activities for such.Fiscal Year to the
Members to the extent such activities are not covered by:tba report of auch-trustee. The'trustm
appointed under any trust indentture or trust agreement shall establish suitable funds, furnish
the provisions of said
fmaadial reports and provide suitablo accounting procedures to carry Out
bust'indenture.or comet agreement. Said. trustee .may be given such duties in said trust indenture
bt trust agreement as may be.desimble to. caM out this Agmartent.
6ec__ ti_on,6,1 .ids, $ubject to fhc .applicable provisions of any instrumcDts or
w0empnt which the Authority gray enter into. which cosy provide for it trustee to receive, have
custody of and 'disburse Authority Amds, the Treasurer of fhe Authority shad aeceive, have
custody of and disburse Authority ftm& As nearly as Possible in aoeordanco whir .generally
accepted accounting practices, and shall make the disbursements required by this Agreement .or
to carry out any of the provisions Orpurposes of finis Agreeracrrr
agffimt last Edu dMIAudwdly
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Section C�4. ?AMal Budget and AgagW 4rative $menses The Board shall adopt a
budget for administrative expenses; which shall include all expenS03 not included in Any
financing issue of the Authority, annually prior.to July 1st of sacb year The estimated annual
administrative expenses of the Authority .shall be allocated by .the Authority to the Members
evally.
ARTICLE VII
'PERM
g ti l_ Tema. This Agreement shall become e0w4iv0,, and the Authority shall
come into existence, on the datF the iagt Member signs this Agreement This Bremen and the
Authority stall theree8er continue in full foroe.and effect until terminated by a majority vote of
the.eatire Board
S o7,2. pisoggou of Assets. Upon termination ,of this Agreement, all properly
of Are Av &ori% both real and personal, shall be divided among the Members tin such manner as
shall be agreed upon bythe Members.
AR17CL13 vw
MISCBLLANEMS P.ROVJBIONS
Section 8�1. ces. Nodpes hereunder shall be in writing Pod shall be syliicient if
delivered to:
CJTY OF H$GL
Attention: CityManager
6330 Pine Avenue
8611, C4lifvrnia90201
C= OF CCMAHY
Attention: City Manager
5220 Santa Ass Street
P.O. Box 1007
t lxlahy, California 90201
.CPI's' AF HUNTBIOTONPAM
Attention: CityMaoager
6550 Mies Avemte
HuntingtonTark, Catiforuia 90255
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CITY OPMAYWOOD
Attention: City Manager
4319 E. Slauson Avenue
Maywood, `Catiforrua9W70
CrIY OF SOUTH GATE
Attention: pity Manager
9630 Oalifomia Avenue
South Gate, California 90280
CITY OF VERNON
Attention: �rActing City Clerk
A305 Snub Fe AVenud
V.emon. California 90058 "
Section8,2, Section Jkllftp. All section headings in this Agreement are for
convenikace of rdtinouuee only and are nat to bo construed as modifying or governing tho
language in the section referred to or to define or 'limit the scope of any provision of .this
Agreement.
Section , ,Consent. VA never i4 this .Agreement any consent or approval is
tequlrod, the same ebatl not be t nrmombly witbbeld.
Section s.4. Law Gnvemiug. This Agroementis made in the State ofCalifornia under
the constitution and laws of the State, and is to be so construel.
Sec i 8,_5. Amendments. This Agreement may be amended at,any time, or from fimo
to time, by a vop, ofthe msjority of the enticeBoard.
'§eW rr g6, P.n_rrcemevtbY Authority. The Authority is hereby au.,thoi'izetl to take any
Or all legal or equitable actions, including; but nol -limited to.. injunction' end specific
porformmee, nocessary or pernlitted.by law to enforce this Agreement.
SO06D Ll SevcmbiliRv. Should any part, term or provision of this Agreement be
decided by any.cotwt of competent jurisdiction to be illegal or•io coofiict with any taw of the
State or otherwise be rendered uaenforceablo or ineffectual, the validity .of the• remaining
portions or provisions shall notbe sheeted thereby.
Section 18_ SuccWors. This Ap=mont WWI * ze binding upon and shsll iawe to the
benefit of the successors of the Members, respectively, Neithex Membermay assign any right or
obligation he mder without the written consent of the other.
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g�89, Counterrp= This Agmemeat may be 0xaouted in any number of
counterparts, each of which.sball .be deemed as original, all of which, together, shAll constitute
one and the same.instvanent
IN WTITII;5S 'WrHEREOT; the parties hereto have.caused this Agreement to be executed
and attested by their proper officers thermunv duly authorized and their official seals to bo hereto
affixed, on d7e,4ay and year set opposite the name of each ofthe patties.
Dated: 2,006 CITY Op BELL
Ocmge Muubal, Mayor
ATMOT:
Rebecca Vs)dez, City Clerk
(BEAT.)
APPROV1W AS TO FORM'
Edward Lee, City Aflomey
Dated: 2006 CITY OF CUDAHY
David M. Silva, Mayor
ATMsT:
Lxny Glava7y City Clerk
MAL)
APPROVED As TO FORM:
David I Olivas, City Attorney
e
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Dated: 2006
ATTEST:
Rosanna Ramirez, City Clark
(SEAL)
APPROVED AS TOFORM:
CITY OF HUNTINGTON PARK
Juan R. Noguez, Mayor
FranojscoLeal City Attomay
Dated: 2006 CITY OF MA'YWOOD
Satnuel Peva, Mayor
ATTEST:
Erika Navarro, City Clerk .
(S$At)
APPROVED AS TO FORM:
Cary Rejsm City Attomey
Dated: }l 2006 CITY Ox SOLrfH OATiE
Marta Davila Mayor
ATTEST:
Carmen Avaios, City Clark
0EAL)
APPROVED AS TO FORM;
KANE, BALLMER & BERKMAN
Special Counsel
Iune Kdw
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bated: Sept. 5 2006
ATTMT:
BrucoV.MplkenhOm4tgl5K lc Jr.
(SEAL) Acting City Clerk
APPROVBD AS TO FORM:
Brio T. Fresch, City miomey
CRY OF V13RNON
C. Malbutg, Mayor
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Mission Statement:
The Mayprs and.Cfty Council Members of the Southeast Area are not only elected
represefltarh'es,:Sta residents of our communities with ftrst-hand knowledge of the needs of the
studentsond parents in orrriocal schools. W.e are committed to ensuring the availability,
accessibility andhighquality ofedacadonal opportunities that enrich ourrithem' lives
economically, culturallyandsac4*..
Goals and Objectives:
GoAI41: i1i(ake l AUSV accountable to the local communities it serves.
Objectives:
inform and address -parents, concerns about educational oppormitles and mrduperforming
schools.
• Improve the integration of schools into the orgavizWbo, institutions and Sn&asnoctam of
JoFalcpmmatutiEs,
• .Coordinate withlotai taw mforDe meat to improveatuclent safety on school cadrpuses and in
• surrormdingareas.
Goal$2: Nlariruixeavaiiabffity of funds for schools in tpe•500the1st d6cs-
.Objectives:
m Ensure that Southeast city schools reoeSve their fair share of formula and djSMdonary Amos,
baseld:on the number, concentration and performanes ofstadcats in this region.
r hNed mm funding into programs tbdtsnhance academic pmfomance. .
• Increase proportion of funding allocated d''mdy to the local district.
Gom.10. participate io decisions pertaining.tu localdbtriet admielstrRfton and programs.
Objectives:
• participato is selection of local district Supm* tendent.
• Empower local district Superintendent to selcd admmisttative personnelil `I^ 6
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Revised JPA Agreement
JOINT EXERCISE OF POWERS AGREEMENT
SOUTHEAST CITIES SCHOOLS COALITION
(Second Restated and Amended)
This Joint Exercise of Powers Agreement ("Agreement") is made and entered into by and
among the City of Bell ("Bell"), the City of Huntington Park ("Huntington Park"), the City of
Maywood ("Maywood', the City of South Gate ("South Gate") and the City of Vernon
("Vernon"), hereafter collectively referred to as "the Members" and individually referred to as
"Member."
WITNESSETH
WHEREAS, the Members are charter and general law cities located within the southeast
area of Los Angeles County and the public schools serving their residents are operated by the
Los Angeles Unified School District ("LAUSD");
WHEREAS, the exercise of the powers of each Member, both express and implied, and
the contribution of municipal resources of each Member to advance and effectuate the education
of the residents of each Member are public purposes.
WHEREAS, the Members desire to enhance the educational achievement and expand the
educational opportunities of their residents in and through the public schools serving their
residents and such other educational institutions that exist or may exist, whether public or private
and whether within or outside of their jurisdictional boundaries.
WHEREAS, each Member is authorized to contract with each other for the joint exercise
of their common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code
known as the Joint Exercise of Powers Act.
WHEREAS, the Members believe that it is now appropriate and necessary to create a
new agency for the purpose of facilitating the achievement of their common goals regarding the
educational needs of their residents.
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the -Members do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section I.I. Definitions. Unless the context otherwise requires, the words and terms
defined in this Article I shall, for the purpose hereof, have the meanings herein specified.
Document No. 192130
"Act" means Chapter 5, Division 7, Title 1, of the Government Code (mown as the Joint
Exercise of Powers Act.
"Agreement" means this Joint Exercise of Powers Agreement.
"Alternate" means the individual appointed by a Member who may act as a Director
when the Director appointed by the Member is unavailable.
"Authority" means the Southeast Cities Schools Coalition.
"Board" means the Board of Directors of the Authority referred to in Section 2.4.
"City Clerk" means the city clerk of any of the Members.
"Coalition" also means the Southeast Cities Schools Coalition.
"Director" means a Council Member appointed by a Member to serve on the Board.
"Finance Director" means a finance director of any of the Members.
"Fiscal Year" means the period from July I91 to and including the following June 30th.
"Legislature" means the Assembly or the Senate of the State of California.
"Mayor" means the mayor of each of the Members.
"Member" means Bell, Huntington Park, Maywood, South Gate or Vernon.
"Secretary" means the Secretary of the Authority appointed pursuant to Section 3.1.
"State" means the State of California.
"Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.2.
ARTICLE 11
CREATION AND PURPOSE OF AUTHORITY
Section 2.1. Creation of Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the Southeast Cities Schools Coalition, a joint powers authority
("Authority" or "Coalition"). The Authority shall be a public entity separate from the Members
and each of them. The debts, liabilities and obligations of the Authority shall be the debts,
liabilities and obligations of the Authority alone and not of the Members or of any Member. The
Authority also shall be responsible for the administration of this Agreement.
Document No. 19213A
Section 2.2. Purpose. The purpose of the Authority is the joint exercise of the powers
held in common by the Members, expressed or implied, in order to advance, effectuate or
promote the educational achievement and the educational opportunities of the residents of each
Member withinxhejurisdictional boundaries of all of the Members.
Section 2.3. Membership. The Members of the Authority or Coalition are the cities
that have executed this Restated and Amended Agreement and such other cities that adopt this
Agreement, as amended from time to time.
Section 2.4. Board of .Directors. The Authority shall be governed by a Board of
Directors ("Board") comprised of one Council Member from each Member ("Director"). The
City Council of each Member shall designate, by resolution or minute action, one of its own
members to the Board and such other of its members as alternates to the Board in the event that
its designated -member cannot attend a meeting of the Board. Each Director so appointed shall
hold office on the Board at the pleasure of the City Council making the appointment. Each
Director so appointed shall take and subscribe to the oath of office required by the California
Constitution before he or she may hold the office of Director. The Board shall retain all powers
of the Authority provided that the Board may delegate its executive and administrative powers
and functions.
Section 2.5. Meetings of the Board.
(a) Regular Meetings. The Board shall meet once a month and provide for at least
twelve regular meetings each year unless otherwise amended by a resolution or ordinance of the
Board. The place, date and time of such regular meetings shall be fixed by resolution or
ordinance of the Board, a copy of which shall be filed with the City Clerk of each Member. All
meetings of the Board shall be conducted pursuant to the Ralph M. Brown Act commencing with
section 54950 of the Government Code.
Section 2.6. Minutes. The Secretary shall cause to be kept minutes of the meetings of
the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be
forwarded to each Director and the City Clerk of each Member.
Section 2.7. Voting Power. Each Member shall have one vote which shall be exercised
by its Director at a Meeting of the Board. Each Director present at a meeting of the Board shall
vote yes or no on all motions before the Board; and any vote of abstention shall constitute a yes
vote on the matter upon which the vote is cast.
Section 2.8. Ouorum and Renuired Votes for Any Action. Directors holding a majority
of the votes shall constitute a quorum for the transaction of business, except that less than a
quorum may adjourn from time to time. The affirmative votes of at least three Directors present
at any meeting at which a quorum is present shall be required to take any action by the Board.
Section 2.9. Exercise of Powers. The Board of Directors shall exercise the powers of
the Authority by a majority vote of the Members at a regular or special meeting, or through its
duly adopted ordinances, resolutions, minute actions and contracts, or through the actions of its
Document No. 192130
chief executive officer, as set forth in the Board's duly adopted ordinances, resolutions or
contracts describing the authority, duties and functions of the chief executive officer.
ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.1. . Chairperson. Vice -Chairperson and Secretary. The Board shall appoint
one Director to be Chairperson of the Board. The Board shall appoint another Director to be
Vice Chairperson of the Board. The Board shall appoint, according to the rotation of its
meetings, a City Clerk to be Secretary of the Board. Said Officers shall be appointed at the
Board's organizational meeting, which shall be the final meeting in the month of June. Said
Officers shall perform the duties normal to said offices. The Chairperson shall sign all
ordinances, resolutions and contracts on behalf of the Authority, unless a resolution of the Board
shall provide otherwise, and shall perform such other duties as may be imposed by the Board.
The Vice -Chairperson shall sign all ordinances, resolutions and contracts and perform all of the
Chairperson's duties in the absence of the Chairperson. The Secretary shall countersign all
ordinances, resolutions and contracts signed by the Chairperson or Vice Chairperson on behalf of
the Authority, unless a resolution of the Board shall provide otherwise, and perform such other
duties as may be imposed by the Board.
Section 3.2. Ex-Officio Member. The Board may appoint the area superintendent of
the Los Angeles Unified School District to the Board as an ex-officio member. Such member
shall be seated with the Board and may participate at all of the -meetings of the Board except that
said member shall not vote nor participate in any closed session.
Section 3.3. Treasurer. Pursuant to section 6505.5 of the Act, the Treasurer of South
Gate is appointed the Treasurer and Controller of the Authority until the Board appoints
replacements by resolution. The Treasurer shall be the depositary, shall have custody of all of the
accounts, funds and money of the Authority from whatever source, shall have the duties and
obligations set forth in section 6505.5 of the Act and shall assure that there shall be strict
accountability of all funds and reporting of all receipts and disbursements of the Authority.
Section 3.4. Auditor. The Board shall designate an independent certified public
accountant to serve as Auditor and to perform a financial audit of the accounts and records -of the
Authority and such other duties as specified by the Act and the Board. The -Board shall cause
copies thereof to -be filed with the Los Angeles County Auditor and each Member within six (6)
months of the end of every fiscal year or within six (6) months the end of every two fiscal years
by unanimous request of the Board.
Section 3.5. Chief Executive Officer. The Board shall appoint and employ a chief
executive officer (CEO) who shall perform such executive and administrative duties, functions
and powers as may be prescribed by the Board by ordinance, contract or both.
Document No. 19213v3
Section 3.6. Lepal Advisor. The Board shall have the power to appoint the legal
advisor of the Authority who shall perform such duties as may be prescribed by the Board.
Section 3.7. Other Bmplovees. The Board shall have the power by resolution to
appoint and employ such other employees or hire such consultants and independent contractors
as it may deem necessary.
Section 3.8. Privileges and Immunities. All of the privileges and immunities from
liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers'
compensation and other benefits which apply to the activities of officers, agents, or employees of
a public agency when performing their respective functions shall apply to the officers, agents or
employees of the Authority to the same degree and extent while engaged in the performance of
any of the functions and ether duties of such officers agents or employees under this Agreement.
None of the officers, agents, or employees appointed or employed by the Board or the Authority
shall be deemed to be employed by any Member or subject to any of the requirements of any
such Member.
ARTICLE IV
POWERS
Section 4.1. General Powers. The Authority shall exercise the powers common to the
Members that are convenient or n cssary to accomplish the purpose of this Agreement.
Section 4.2. Specific Poscera 'Thi a Authority is hereby authorized, in its own name, to
do all acts convenient or neoessary for +the exerrn of its powers, including but not limited to,
any or all of the following:
, .�Ee -x,m Ntl90 m5 xa i4i,
(b) to employagentscarmploy=;
(c) tomseand besaadiariiEw nt ;
(d) to iweur deks, Ii&Uim aircnilfttions iincluding the issuance of revenue bonds,
notes and other' of by the Act;
(e) to . y ?from arooe a read attliize fgrart1q, lhmns and other -aids from any agency of
the United Slates of America wm he St te:ar•.ifrvmauyrdiher source;
(t) 3taengineers and consultants;
(g) to adapt zt&inencn�>u�sihttmr�andireq�tib7tfons;
(h) to=neivc g0ftapEttiibutimmomiidinmitirmKof funds, property, services and other
forms of fcua¢neisll corporation or person; and
DocumeutNo. 1WJ3w7
(i) to acquire, hold, dispose of real and personal property.
ARTICLE V
FINANCIAL AFFAIRS
Section 5.1. Fiscal Year. The Authority shall operate on a fiscal year basis, beginning
July 1 of each year and continuing through June 30 of the following year.
Section 5.2. Accounts. The receipt, transfer and disbursements of all funds of the
Authority shall be accounted for in accordance with generally accepted accounting principles
applicable to governmental agencies. The books and records of the Authority shall be open to
inspection by the Members and their representatives during business hours.
Section 5.3. Financial Statements and Audits. The Treasurer shall maintain the
financial records of the Authority and shall prepare an annual financial statement. The records
of the Authority shall be audited annually by an independent certified public accountant
appointed by the Board as set forth in Section 3.4 hereof. Copies of the auditor's report and
opinion of the Authority's financial statements shall be submitted to the Board and to the
legislative body of each Member by October 31 of each year and filed with the Los Angeles
County Auditor and each Member.
Section 5.4. Financial Commitments. Each Member agrees to allocate funds to the
Authority sufficient for its operation on an annual basis as determined by the Members.
Section 5.5. Bondin¢. The Board shall require any officer or employee of the
Authority with the responsibility for the receipt, investment and disbursement of Authority funds
to furnish a fidelity bond. If the officer or employee is covered by an existing bond that can be
extended to cover his or her functions under this Agreement, then no further bond shall be
required. The premium of any such bond shall be an appropriate expense of the Authority.
Section 5.6. Insurance and Indemnification. The Authority shall acquire such insurance
as it deems necessary to protect the interests of the Authority, Members, Directors and
employees including general liability, director liability, employer liability and workers
compensation insurance. The Authority also shall provide for the defense and indemnity of its
Directors, officers and employees as set forth in -Part 7 of Division 3.,6 of Title .1 ..of the
Government Code commencing with section 995.
ARTICLE VI
Section 6.1. Term. The term of this Agreement shall continue from December 7, 2007,
the date of the filing of the Notice of Joint Powers Agreement, and shall continue until it is
Document No. 192130
terminated by the adoption of a resolution to that effect by a majority of the Members
Section 6.2. Withdrawal. Any Member may withdraw from the Coalition provided
that the withdrawal consists of a duly adopted resolution of the City Council of the Member that
is adopted no later than three (3) months prior to the end of the Coalition's fiscal year (June 30)
and communicated to the Coalition no later than two (2) months prior to the Coalition's fiscal
year. Any such withdrawal shall become effective on June 30 following the adoption of the
resolution by the City. Council of the withdrawing Member. Notwithstanding any such
withdrawal; the withdrawing Member shall remain liable to the Coalition for any past due
financial contributions to the Coalition. The withdrawing Member also shall remain liable to the
Coalition for any other debts, liabilities and obligations for which it may be liable that arise from
its membership in the Coalition during the period that the Member was a Member of the
Coalition.
Section 6.3. Removal. Upon a majority vote of the Board, a Member may be removed
for any act or omission that the Board considers to be detrimental to the Coalition. Any such
removal shall become effective on June 30 following the action of the Board to remove a
Member. The Member so removed shall remain liable to the Coalition for any past due financial
contributions to the Coalition. The Member so removed also shall remain liable to the Coalition
for any other debts, liabilities and obligations for which it may be liable that arise from its
membership in the Coalition during the period that the Member was a Member of the Coalition.
Once a Member has been so removed, that removed Member may not withdraw pursuant to
Section 6.2 hereof,
Section 6A. Effective Date. This Restated and Amended Agreement shall become
effective on the date so declared by a resolution of the Board provided that it has been approved
by each Member and executed by the Mayor of each Member. Thereupon, the Authority shall
cause a Notice of Joint Powers Agreement to be filed with the Secretary of State and the Los
Angeles County Clerk.
Section 6.5. Disposition of Assets. Upon termination of this Agreement, all property of
the Authority, both real and personal, shall be distributed among the Members on a prorated
basis according to each Member's monetary contributions to the Authority during the three years
preceding the termination.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.1. Entire A reement. This Agreement constitutes the entire Joint Powers
Agreement among the Members and supersedes any prior oral or written agreement or
understanding of the Members pertaining to the same subject matter.
Document No. MOO
Section 7.2. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to:
CITY OF BELL
Attention: City Manager
6330 Pine Avenue
Bell, California 90201
CITY OF HUNTINGTON PARK
Attention: City Manager
6550 Miles Avenue
Huntington Park, California 90255
CITY OF MAYWOOD
Attention: City Manager
4319 E. Slauson Avenue
Maywood, California 90270
CITY OF SOUTH GATE
Attention: City Manager
8650 California Avenue
South Gate, California 90280
CITY OF VERNON
Attention: City Manager
4305 Santa Fe Avenue
Vernon, California 90058
Section 7.3. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State, and is to be so construed.
Section 7.4. Amendments. This Agreement may be amended at any time but only by
an agreement approved by the City Council of each Member and signed by the Mayor of its
Member.
Section 7.5. Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of the
State or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby and shall be valid and enforceable.
Section 7.6. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of any Members. No Member may assign any right or obligation
hereunder without the written consent of the other Members.
Document No. 192130
Section 7.7. Coun=arts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, all of which, together, shall constitute
one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by their proper officers thereunto duly authorized and their official seals be hereto
affixed, on the day and year set opposite the name of each of the parties,
Document No. 192130
Dated:
ATTEST:
CITY OF VERNON
, Mayor
, City Clerk
APPROVED AS TO FORM:
, City Attorney
Document No. 192130 14
EMAIL COMMUNICATIONS
DISSOLVING AUTHORITY
Juarez, Debbie
From: Barcia, Ana
Sent: Tuesday, December 15, 2015 3:55 PM
To: CityClerkGroup
Subject: FW: Southeast Local Educational Authority
Attachments: SCSC - YBARRA 09-29-14.pdf
Debbie,
Please note that the Southeast Local Educational Authority, also known as the Southeast Cities Schools Coalition is being
dissolved. See emails below. Please use this or seek additional documentation to close out our files.
Thank you,
Ana Barcia,
Deputy City Clerk, City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1438
abarcia@ci.vernon.ca.us
ABe Green!
Please don't print this e-mail unless necessary.
From: Barcia, Ana
Sent: Tuesday, December 15, 2015 3:23 PM
To: 'violet@city-attorney.com'
Cc: Enomoto, Kristen; Hernandez, Lilia; Ayala, Maria
Subjects RE: Southeast Local Educational Authority
Hi Violet,
Per our conversation, attached is the letter issued September 29, 2014 concerning Michael Ybarra's passing. Please feel
free to contact me if you need anything further to close out his filing.
We'll be following up regarding all other Vernon Councilmember appointments to this agency.
Thank you,
Ana Barcia,
Deputy City Clerk, City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1438
abarcia@ci.vernon.ca.us
ABe Green!
Please don't print this e-mail unless necessary.
From: Violet Topete
Sent: Tuesday, December 15, 2015 9:41 AM
To: Melissa Ybarra
Cc: Jimmy Gutierrez
Mr. Ybarra,
Per Mr. Gutierrez's email below, In order to dissolve the Authority, we need a letter of resignation and your leaving
office statement (Form 700). 1 have attached both. Please sign the letter of resignation and complete the Leaving Office
Statement- Form 700 and return them to me as soon as possible.
Thank you.
Violet Topete
GUTIERREZ, FIERRO & ERICKSON
A Professional Corporation
12616 Central Avenue
Chino, CA 91710
Tel: (909) 591-6336
Fax: (909) 628-9803
violetO city -attorney. com
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is
strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material, is protected by
the attorney -client and/or the attorney/work product privileges and is for the sole use of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are
not the intended recipient please immediately notify us by telephone at (909) 591-6336 or by email at violetOcity-attornev.com and delete all copies of this
communication.
From: Jimmy Gutierrez
Sent: Thursday, December 10, 2015 12:13 PM
To: Maria Davila (mariadavila214(5)gmail.com); Mike McCormick (wmmt419(aDgmail.com); Ramon Miramontes
(ramonmjr@icloud.com)
Cc: Violet Topete; Raul F. Salinas (rsalinas@adorno.com)
Subject: Southeast Local Educational Authority
Maria. Mike. Ramon.
Please see my email to Ken Wales of the Executive Office of the L.A. County Board of
Supervisors about the SCSC's non-compliance with its conflict of interest code.
believe that the SCSC's conflict of interest code cannot be dissolved by the Board of
Supervisors.
In order to solve the problem for us and the Board of Supervisors, I also suggest that
all current Board Members submit their resignations and file their leaving office
statements. This way, no one will be left to comply with the SCSC's conflict of interest
code.
Therefore, Violet will be submitting resignations to each of you and any unfiled annual
statements and a leaving office statement for you to file with us and we will file them
with the Board of Supervisors.
2
This also may apply to Ramon Miramontes and me.
Thank you.
Jimmy L. Gutierrez
Gutierrez, Fierro & Erickson
12616 Central Avenue
Chino, California 91710
909-591-6336 [Office]
909-717-1100 [Mobile]
jimmy(aD-city-attorney. com
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is
strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material, is protected by
the attorney -client and/or the attorney/work product privileges and is for the sole use of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are
not the intended recipient please immediately notify us by telephone at (909) 591-6336 or by email at iimmyacity-attornev.com and delete all copies of this
communication.
From: Jimmy Gutierrez
Sent: Thursday, December 10, 2015 12:05 PM
To: 'Wales, Ken'
Cc: Violet Topete
Subject: RE: Southeast Local Educational Authority
Ken. Thank you for speaking to me today. Here is my thinking and how I would like to
resolve the problem with this entity arising from the fact it is inactive but undissolved.
First, the entity is still validly in existence and it complies with state law by having a
conflict of interest code.
Second, the entity is inactive and I have not been able to convene a quorum of former
board member to adopt a resolution to dissolve the entity under its joint powers
authority agreement.
Third, I seriously doubt that the Board of Supervisors has the authority to dissolve the
entity's conflict of interest code, because state law requires one and the Board's
capacity as the reviewing body does not explicitly state it can dissolve the entity's
conflict of interest code.
Fourth, my secretary and I will seek to ascertain the identity of the last Board Members
from each of the five participating cities. Then, we want to ascertain whether they filed
a "leaving office statement." If not, we will ask each of them to do so and file them with
you.
Fifth, I will ask each current Board Member to file resignations of their Board positions
and a leaving office statement and file those with you.
3
Once the above is done, each prior Board Member will have complied with the code
and no further filings will be necessary because there are no Board Members.
Thank you for working with me on this.
Jimmy L. Gutierrez
Gutierrez, Fierro & Erickson
12616 Central Avenue
Chino, California 91710
909-591-6336 [Office]
909-717-1100 [Mobile]
ii m my�a`y-atto rn ey. co m
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is
strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material, is protected by
the attorney -client and/or the attorney/work product privileges and is for the sole use of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are
not the intended recipient please immediately notify us by telephone at (909) 591-6336 or by email at iimmyc@city-attornev.com and delete all copies of this
communication.
From: Wales, Ken[mailto:KWales(a)bos.lacounty.gov]
Sent: Monday, November 23, 2015 9:13 AM
To: Jimmy Gutierrez
Subject: Southeast Local Educational Authority
Morning Mr. Gutierrez,
Since you have been unsuccessful to convene a meeting of the Southeast Local Educational Authority (Authority) so as to
dissolve themselves and their conflict of Interest code, I would like to propose another alternative.
If you are in agreement with this suggestion then we can proceed in dissolving their conflict of interest code. If not then
each person that is a designated position within the code will have to complete Annual Statements (Form 700's) until
such time that they finally decide to meet to dissolve themselves.
If you could provide a letter on your letterhead stating the following:
• The Authority is no longer meeting and has not met since (date);
• You have exhausted efforts to get the Authority to meet to complete the dissolution of their Authority and their
conflict of interest code;
• The Authority has no financial assets that would require them to be in existence; and
• You are requesting as their general counsel to dissolve the Authority's conflict of interest code.
I believe we can then proceed in dissolving their conflict of interest code and remove this obstacle. If you are in
agreement of this proposal please send the letter to:
Don Garcia, Division Manager
Conflict of Interest/Lobbyist Division
Executive Office, Los Angeles County Board of Supervisors
383 Kenneth Hahn Hall of Administration
500 W. Temple St.
Los Angeles, CA 90012
Kenneth Wales
Semor'Board Specialist
Conflict of Interest Section (213) 893-1151
Lobbyist Section (213) 974-1093
kwales(a-)-bos.lacounty.yov