HomeMy WebLinkAbout2018-03-27 - AGENDA REPORTS - LACO TRANS COALITION AGMT (2)4
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: March 27, 2018
SUBJECT: NORTH LOS ANGELES COUNTY TRANSPORTATION
COALITION JOINT EXERCISE OF POWERS AGREEMENT
DEPARTMENT: City Manager's Office
PRESENTER: Michael Murphy
RECOMMENDED ACTION
City Council:
1. Approve
Transportation Coalition Joint Powers Authority.
2. Authorize the City Manager, or his designee, to execute the North Los Angeles County
Transportation Coalition Joint Exercise of Powers Agreement, subject to City
Attorney review and approval.
BACKGROUND
The North Los Angeles County Transportation Coalition (NCTC) was informally assembled in
1995 as a conduit for coordinating information and providing a forum for discussion about
regional transportation issues of mutual interest and concern amongst the cities of Santa Clarita,
Lancaster, Palmdale and unincorporated North Los Angeles County. The geographical area
encompassed by the four entities comprises the north county subregion. While not formally
structured under a Joint Powers Authority or Memorandum of Understanding, representatives of
the jurisdictions meet several times each year to discuss transportation issues of mutual interest.
NCTC is governed through by-laws and is recognized by the Los Angeles County Metropolitan
Transportation Authority (Metro), Southern California Association of Governments (SCAG),
and other organizations as the subregional entity for purposes of transportation related issues.
Each jurisdiction has three representatives serving on the NCTC Board of Directors. Mayor Pro
Tem McLean, Public Works Director Robert Newman and Arthur Sohikian, representing Santa
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There is now a growing need for the three cities and unincorporated communities of North Los
Angeles County to formalize the coalition into a Joint Powers Authority (JPA), thus ensuring the
subregion is competitively positioned to receive its fair share of transportation funding. Thus far,
the City Councils of Palmdale and Lancaster have approved entering into the North Los Angeles
County Transportation Coalition Joint Powers Authority.
On November 8, 2016, the voters of Los Angeles County passed Measure M, a half-cent sales
tax increase dedicated to funding transportation projects throughout Los Angeles County. The
ballot measure outlined a combination of specific projects and funding category allocations,
which are to be distributed on a subregional basis through the nine subregions of Los Angeles
County. In order for the City of Santa Clarita and its North Los Angeles County partners to be
most effective in positioning themselves for Measure M funding, as well as efficiently managing
the use of these funds, the public interest requires the formation of a Joint Powers Authority.
For consistency purposes and to avoid confusion, the new JPA will carry forward the same name
as its less formal predecessor, North Los Angeles County Transportation Coalition (NCTC). As
exists under the current structure, the JPA board will be comprised of 12 voting members: three
delegates from each jurisdiction. Under the proposed JPA, representatives of Santa Clarita
Transit and Antelope Valley Transit Authority (AVTA) will be added as ex-officio non-voting
members. Decisions will be made by simple majority vote. The new JPA will have the authority
to hire an Executive Director to serve as the chief administrative officer of the organization.
Supervisor Kathryn Barger has arranged for the salary of the new Executive Director position to
be paid by the County of Los Angeles for the first year of their contract. Beginning in the second
year and beyond, costs may be shared among the four jurisdictions. The overall cost and each
The Los Angeles County Auditor
Controller may serve as the fiscal officer to the JPA. Los Angeles County Counsel will serve as
the legal advisor to the Joint Powers Authority. The Executive Director will be a contract
position to the JPA and not be an employee of any of the jurisdictions.
The mission of the new Joint Powers Authority will be to improve the movement of people and
goods in the North Los Angeles County subregion through the development of policies and
programs that address critical transportation issues, promote economic development, and
maximize transportation funding opportunities for the subregion and its member jurisdictions.
Ultimately, the JPA will provide a vehicle for the member jurisdictions to prioritize and
coordinate regional transportation planning and projects in an effort to create a more complete
transportation system within the subregion and facilitate interconnectivity with other subregions
in Los Angeles County and throughout California.
ALTERNATIVE ACTION
1. Not participate in the North Los Angeles County Joint Powers Authority
2. Other action, as determined by the City Council
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FISCAL IMPACT
No additional financial resources beyond those contained within the adopted FY 2017-18 budget
are required to implement the recommended action.
ATTACHMENTS
NCTC Final Draft JPA Document 02-13-18
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NORTH LOS ANGELES COUNTY TRANSPORTATION
COALITION
A JOINT POWERS AUTHORITY
JOINT EXERCISE OF POWERS
AGREEMENT
EFFECTIVE ___________
Attachment: NCTC Final Draft JPA Document 02-13-18 \[Revision 2\] (North Los Angeles County Transportation Coalition Joint Exercise of
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TABLE OF CONTENTS
Section 1. Recitals ..................................................................................................................... 4
Section 2. Creation of a Separate Legal Entity ......................................................................... 5
Section 3. Name ........................................................................................................................ 5
Section 4. Purpose and Powers of the Authority ....................................................................... 5
a. Purpose of Authority ............................................................................................................ 5
b. Common Powers .................................................................................................................. 6
c. Exercise of Powers ............................................................................................................... 7
d. Limitations ........................................................................................................................... 8
Section 5. Creation of a Governing Board ................................................................................ 8
a. Designation of Governing Board Representatives ............................................................... 8
b. Designation of Alternate Governing Board Representatives ............................................... 8
c. Eligibility ............................................................................................................................. 8
Section 6. Use of Public Funds and Property ............................................................................ 8
Section 7. Functioning Governing Board .................................................................................. 9
a. Voting and Participation ...................................................................................................... 9
b. Proxy Voting ........................................................................................................................ 9
c. Quorum ................................................................................................................................ 9
1.) Committees .................................................................................................................... 9
d. Actions ................................................................................................................................. 9
Section 8. Duties of the Governing Board .............................................................................. 10
Section 9. Roberts Rules of Order ........................................................................................... 10
Section 10. Meetings of the Governing Board .......................................................................... 10
Section 11. Election of Chair and Vice-Chair ........................................................................... 10
Section 12. Executive Director .................................................................................................. 10
Section 13. Designation of a Treasurer and Auditor ................................................................. 11
Section 14. Treasurer and Auditor Duties ................................................................................. 11
Section 15. Designation of Other Officers and Employees ....................................................... 11
..............11
Section 17. Control and Investment of Authority Funds ........................................................... 12
Attachment: NCTC Final Draft JPA Document 02-13-18 \[Revision 2\] (North Los Angeles County Transportation Coalition Joint Exercise of
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Section 18. Obligations of the Authority ................................................................................... 12
Section 19. Implementation Agreements .................................................................................. 12
Section 20. Term ...................................................................................................................... 12
Section 21. Application of Laws to Authority Functions .......................................................... 12
Section 22. Members ................................................................................................................. 12
a. Withdrawal ......................................................................................................................... 12
b. Non-Payment of Dues ........................................................................................................ 13
c. Admitting and Readmitting Eligible Members .................................................................. 13
d. Admitting and Readmitting New Members ....................................................................... 13
Section 23. Interference with the Functions of Members ......................................................... 13
Section 24. Dues of Members ................................................................................................... 14
Section 25. Disposition of Assets .............................................................................................. 14
Section 27. Effective Date ......................................................................................................... 14
Section 28. Indemnity ................................................................................................................ 14
Exhibit 9
Attachment: NCTC Final Draft JPA Document 02-13-18 \[Revision 2\] (North Los Angeles County Transportation Coalition Joint Exercise of
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JOINT EXERCISE OF POWERS AGREEMENT OF THE NORTH LOS ANGELES
COUNTY TRANSPORTATION COALITION
(A JOINT POWERS AUTHORITY)
This Joint Exercise of Powers Agreement
whose names are set forth on Exhibit A,
attached hereto and incorporated herein by this reference, pursuant to Section 6500 et. Seq. of the
California Government Code and other applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the
following facts:
a. The North Los Angeles County Transportation Coalition was assembled in
1995 as a method of coordinating information and providing a forum for
discussion on regional issues of mutual interest and concern amongst the
cities of Lancaster, Palmdale, Santa Clarita, and the unincorporated areas
of the North Los Angeles County. While the Subregion is not an
organization which operates under a formal Joint Powers Agreement or
Memorandum of Understanding structure, the cities and County have,
nonetheless, met regularly to discuss subjects of mutual interest, consider
regional programs and initiatives, and conduct studies, primarily related to
transportation.
b. A growing need for the cities and unincorporated communities of the
North Los Angeles County to develop and implement their own
subregional policies and plans and voluntarily and cooperatively resolve
differences among themselves requires a more representative and formal
structure;
c. A shift in regional funding procedures will likely result in transportation
funds being allocated through the various subregions in Los Angeles
County requiring a formal agreement of the cities and unincorporated
communities of the North Los Angeles County to receive, allocate, and
program these funds;
d. The public interest requires a joint powers agency to conduct studies and
projects designed to improve and coordinate the common governmental
responsibilities and services on an area-wide and subregional basis
through the establishment of a formal partnership through a joint exercise
of powers agreement.
Attachment: NCTC Final Draft JPA Document 02-13-18 \[Revision 2\] (North Los Angeles County Transportation Coalition Joint Exercise of
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e. The public interest requires that an agency explore areas of inter-
governmental cooperation and coordination of government programs and
to provide recommendations and solutions to problems of common and
general concern to its Members;
f. The public interest requires that an agency with the aforementioned goals
not possess the authority to compel any of its Members to conduct any
activities or implement any plans or strategies that they do not wish to
undertake (except for the payment of dues);
g. Each Member is a governmental entity established by law with the full
powers of government in legislative, administrative, financial, and other
related fields;
h. Each Member, by and through its legislative body, has determined that a
formal organization to assist in planning and voluntary coordination
among the cities is required in furtherance of the public interest, necessity
and convenience; and
i. Each Member, by and through its legislative body, has independently
determined that the public interest, convenience, and necessity requires the
execution of this Agreement by and on behalf of each such Member.
Section 2. Creation of a Separate Legal Entity. It is the intention of the Members to
create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5
of the California Government Code. Accordingly, there is hereby created a separate legal entity
which shall exercise its powers in accordance with the provisions of this Agreement and
applicable law.
Section 3. Name. The name of the said separate legal entity shall be North Los
Angeles County Transportation Coalition
Section 4. Purpose and Powers of the Authority.
a. Purpose of Authority. The North Los Angeles County Transportation
Coalition is comprised of community leaders from the cities of Lancaster,
Palmdale, Santa Clarita, and the County of Los Angeles whose mission is
to improve the movement of people and goods in the North Los Angeles
County region. Such efforts will include the development of policies and
strategies that directly lead to the implementation of the projects and
programs that address critical north county transportation issues,
promote economic development, and maximize transportation funding
opportunities for member jurisdictions.
The purpose of the creation of the Authority is to provide a vehicle for the
Members to coordinate regional and cooperative planning, primarily in the
area of transportation and determining how to prioritize regional
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transportation projects and the allocation of Measure M funds and other
public monies, including building a more connective transportation system
between the Member agencies. The goal and intent of the Authority is one
of the voluntary cooperation among Members for the collective benefit of
the cities and unincorporated County areas within the North Los Angeles
County. It is recognized that each member agency will need approval from
its own governing board when making changes to their respective
transportation capital improvement programs. It is intended that services,
programs and projects within the individual jurisdictions will remain
under the authority and control of each individual agency.
b. Common Powers. The Members establish this Authority as a separate
public agency under California Government Code Sections 6500 et seq.
The Authority shall have the powers common to the Members to carry out
the purposes set forth in this Agreement. The Executive Director shall be
the chief administrative officer of the Authority. The Executive Director
shall perform such duties as may be imposed upon that person by
provisions of applicable law, this Agreement, duly-adopted Bylaws, or by
direction of the Governing Board. The Governing Board shall consist of
12 voting members. The Governing Board shall, in accordance with
applicable law, designate a qualified person to serve as the Treasurer for
the Authority and a qualified person to serve as the Auditor of the
Authority. Except as otherwise authorized or permitted by California
Government Code Sections 6500 et seq., and for purposes of, and to the
extent required by Section 6509 of the California Government Code, the
Authority is subject to the restriction on the manner of exercising the
powers of the City of Lancaster. The Authority shall have the power to,
and may perform all acts necessary in the exercise of the common powers
including, but not limited to, the following specific powers:
1.) Serve as an advocate in representing the Members of the Authority at the
regional, state, and federal levels on issues of importance to the North Los
Angeles County.
2.) Serve as a forum for the review, consideration, study, development, and
recommendation of public policies and plans with regional significance;
3.) Assemble information helpful in the consideration of problems peculiar to
the Members;
4.) Utilize Member resources or presently existing single purpose public and
public/private groups to carry out its programs and projects;
5.) Explore practical avenues for voluntary intergovernmental cooperation,
coordination, and action in the interest of local public welfare and
improving the administration of governmental services;
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6.) Assist in coordinating subregional transportation planning efforts and in
resolving conflicts among the cities and unincorporated County areas
within the North Los Angeles County as they work toward achieving
mutual planning goals;
7.) Build a consensus among the Members on the implementation of policies
and programs for addressing subregional and regional issues;
8.) Serve as a mechanism for obtaining state, federal, and regional grants to
assist in financing transportation programs and projects;
9.) On a case by case basis and with the approval of the Governing Board, a
Fiscal Agent may be designated to oversee a plan project. The fiscal agent
is either a third party entity or Agency participating in a plan project that is
retained to oversee and manage that plan project. Upon approval of the
plan project and designation of the Fiscal Agent by the Governing Board,
the Fiscal Agent may issue the RFP, negotiate and enter into contracts, and
including contracts for the services of engineers, consultants, planners,
attorneys, and single purpose public/private groups, and select the
contractor(s) in compliance with this JPA and all applicable state and
federal regulations. If the proposed costs exceed approved budgets, the
Fiscal Agent must notify the participating agencies and obtain the
Governing Boards approval of additional funds or modifications of the
plan project prior to proceeding.
10.) On a case by case basis and with the approval of the Governing Board,
apply for, receive, and administer a grant or grants under any federal,
state, or regional programs;
ЊЊ͵Μ On a case by case basis and with the approval of the Governing Board,
receive gifts, contributions, and donations of property, funds, services,
and other forms of financial assistance from persons, firms,
corporations, and any governmental entity;
12.) Delegate one, some, or all of its powers to the Executive Director as
hereinafter provided; and
13.) On a case by case basis and with the approval of the Governing Board,
borrow money, incur indebtedness, and/or issue bonds pursuant to the
Constitution of the State of California and any of the laws of the State of
California and to exercise any implied powers necessary to exercise the
express powers provided for in this subparagraph.
c. Exercise of Powers. The Authority shall, in addition, have all implied powers
necessary to perform its functions. It shall exercise its powers only in a
manner consistent with the provisions of applicable law, this Agreement and
any duly adopted Bylaws.
Attachment: NCTC Final Draft JPA Document 02-13-18 \[Revision 2\] (North Los Angeles County Transportation Coalition Joint Exercise of
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d. Limitations. Neither the governing board of this agency nor any participating
improvement program or budget.
Section 5. Creation of a Governing Board. There is hereby created a Governing
Board for
Governing Board shall be constituted as follows:
a. Designation of Governing Board Representatives.
The Governing Board shall consist of the following 12 voting members:
The Cities of Lancaster, Palmdale, and Santa Clarita shall have three
representatives each: A City Council Member, a representative appointed
by the City Council from a business or community organization, and a
representative at large appointed by the City Council.
The County of Los Angeles shall have three representatives: Fifth District
County Supervisor or designee, a representative appointed by the Fifth
District County Supervisor from a business or community organization,
and a representative at large appointed by the Fifth District County
Supervisor.
Santa Clarita Transit and Antelope Valley Transit Authority each shall
have one non-voting ex officio representative appointed by each agency's
respective governing Board.
b. Designation of Alternate Governing Board Representatives. One person
shall be designated as an alternate representative of the Governing Board
trict
c. Eligibility. Each Governing Board Representative shall serve at the
pleasure of the appointing authority. The appointing authority shall be
responsible for appointing its Board Representatives and for determining
the length of the term. Should any person serving on the
Governing Board fail to maintain the status as required by this Section 5,
of the dates such person ceases to qualify pursuant to the provisions of this
Section 5 and the Members shall be entitled to appoint a qualified
replacement to serve out the term on the disqualified representative.
Section 6. Use of Public Funds and Property. The Governing Board shall be
empowered to utilize, for its purposes, public and/or private funds, property and other resources
received from the Members and/or from other sources. Subject to the approval of the Governing
Board, the Members shall participate in the funding of the Authority in such a manner as the
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Governing Board shall prescribe subject to the provisions of Section 24 of this Agreement,
Where applicable, the Governing Board may permit one or more of the Members to provide in
kind services, including the use of property, in lieu of devoting cash to the funding of the
Section 7. Functioning Governing Board.
a. Voting and Participation. The Governing Board will attempt to reach
consensus on all issues associated with the Authority. Each Designated
Representative may cast only one vote for each issue before the Governing
Board. An Alternate Governing Board Representative may vote in the
proceedings of the Governing Board only in the absence of the respective
Governing Board Representative. Governing Board Representatives (or
the Alternate Governing Board Representatives) shall be entitled to
participate in and vote on matters pending before the Governing Board
only if such person is physically present at the meeting of the Governing
Board and if the Member, for which that Governing Board Representative
or Alternate Governing Board Representative represents, has timely and
fully paid dues as required by this Agreement and/or duly adopted Bylaws.
b. Proxy Voting. No absentee or proxy voting is permitted.
c. Quorum. A quorum of the Governing Board shall consist of fifty percent
(50%) plus one (1) of its total voting membership and include at least one
voting member from all member agencies
1.) Committees. As needed, the Governing Board may create permanent or ad
hoc advisory committees to give advice to the Governing Board on such
matters as may be referred to such committees by the Governing Board.
All committees shall have a stated purpose before they are formed. Such
committees shall remain in existence until dissolved by the Governing
Board. Qualified persons shall be appointed to such committees in a
manner as prescribed by the Governing Board and shall serve at the
pleasure of the Governing Board. Committees, unless otherwise provided
by law, this Agreement, duly adopted Bylaws, or by direction of the
Governing Board, may be composed of representatives to the Governing
Board and non-representatives to the Governing Board. Committee chairs
shall be elected by the members of the committee. Committees shall
prepare appropriate reports and recommendations. Votes taken at
committees shall be advisory only, and not binding on the Authority
unless later confirmed by the Board.
d. Actions. Actions taken by the Governing Board shall be by simple
majority vote of the voting Governing Board Representatives who are
present with a quorum in attendance, except as may otherwise be provided
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by provisions of applicable law, this Agreement, duly-adopted Bylaws, or
by direction of the Governing Board.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed,
for all intents and purposes, the policy making body of the Authority. All of the powers of the
Authority, except as may be expressly delegated to others pursuant to the provisions of
applicable law, this Agreement, duly-adopted Bylaws, or by direction of the Governing Board,
shall be exercised by and through the Governing Board.
Section 9. Roberts Rules of Order. Rules of Order
shall apply to proceedings of the Governing Board, except as may otherwise be provided by
provisions of applicable law, this Agreement, duly-adopted Bylaws, or by direction of the
Governing Board.
Section 10. Meetings of the Governing Board. The Governing Board shall, by means
of the adoption of Bylaws establish the dates and times of regular meetings of the Governing
Board. Meetings shall be rotated between the member agencies and shall be held in the North
County Area.
Section 11. Election of Chair and Vice-Chair. The Chair shall preside over all
meetings of the Governing Board and shall perform such other duties and functions as required
of such person by provisions of applicable law, this Agreement, duly-adopted Bylaws, or by the
direction of the Governing Board. The Vice Chair shall serve as Chair in the absence of the Chair
and shall perform such duties as may be required by provisions of applicable law, this
Agreement, duly-adopted Bylaws, or by direction of the Governing Board or Chair.
At the first regular meeting of the Governing Board, two different Governing Board
Representatives shall be selected to the position of Chair of the Governing Board, and Vice Chair
of the Governing Board. The term of officers shall be one year. Terms of office shall be from
July 1 to June 30. May/June regular
meeting. Each jurisdiction delegation may nominate one candidate from its delegation as a
potential officer. The Board shall elect the position each will hold. No jurisdiction shall hold
more than one officer position.
If for any reason, an officer is unable to fulfill his or her duties of office, the Board may
remove said officer and then nominate and elect the replacement for the office.
The NCTC Executive Director is responsible for developing and distributing agendas
from each Authority and Committee meeting. Prior to each Authority and Committee meeting,
the Executive Director shall contact each member to determine which items members would like
to be placed on the agenda.
Section 12. Executive Director. The Governing Board may appoint, by simple
majority vote of the voting Governing Board Representatives who are present with a quorum in
attendance, a qualified person to serve as Executive Director under any form it desires including,
but not limited to, a contract, Member in-or
County official authorization), or employment basis. The Executive Director shall be neither a
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Governing Board Representative, nor an Alternate Governing Board Representative, nor an
elected official of any Eligible Public Entity (as defined in Section 22 (c) of this Agreement).
The Executive Director shall be the chief administrative officer of the Authority. The Executive
Director shall serve at the pleasure of the Governing Board and may be relieved from such
position at any time, without cause, by simple majority vote of the voting Governing Board
Representatives who are present with a quorum in attendance taken at a regular, adjourned
regular, or special meeting of the Governing Board or for cause at the request of a member
jurisdiction. The Executive Director shall perform such duties as may be imposed upon that
person by provisions of applicable law, this Agreement, duly-adopted Bylaws, or by direction of
the Governing Board.
Section 13. Designation of a Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to serve as the Treasurer for the
Authority and a qualified person to serve as the Auditor of the Authority. If the Governing Board
so designates, and in accordance with provisions of applicable law, a qualified person may hold
both the office of Treasurer and the office of Auditor of the Authority concurrently. The
compensation, if any, of a person or persons holding the offices of Treasurer and/or Auditor shall
be set by the Governing Board.
Section 14. Treasurer and Auditor Duties. In the absence of an action by the
Governing Board under Section 13 above, the County of Los Angeles Auditor Controller shall
hold the position of Treasurer of the Authority and shall have charge of the depositing and
custody of all funds and property held by the Authority. The Treasurer shall perform such other
duties as may be imposed by provisions of applicable law, including those duties required in
Section 6505 and 6505.5 of the California Government Code, and such duties as may be required
by the Governing Board. The Authority is responsible for the strict accountability of all funds
and reports of all receipts and disbursements. It will comply with every provision of law relating
to the establishment and administration of funds, particularly Section 6505 of the California
Government Code. The person anointed by the Governing Board to hold the position of Auditor
revenue and expenditures is conducted and shall report as such to the Governing Board and
perform such other functions as may be required by provisions of applicable law, this
Agreement, duly-adopted Bylaws and/or by the direction of the Governing Board.
Section 15. Designation of Other Officers and Employees. The Governing Board may
designate such other officers as it deems appropriate and necessary to conduct the affairs of the
Authority.
Section 16. Legal Advisors. The office of the Los Angeles County Counsel shall serve
will continue to represent their own jurisdictions on all legal matters within their purview;
provided, however, in the event of a potential or actual conflict of interest between the County on
the one hand and the Authority on the other, then the County Counsel shall create an ethical wall
within its office, and the attorney(s) advising the Member and its Board Representative(s) shall
be different than the attorney(s) advising the Authority. Such ethical wall shall include
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procedures or methods to ensure there are no communications between the walled off attorneys
related to confidential communications and matters giving rise to the conflict.
Section 17. Control and Investment of Authority Funds. The Governing Board shall
adopt a policy for the control and investment of its funds and shall require strict compliance with
such policy. The policy shall comply, in all respects, with all provisions of applicable law. It
shall be the responsibility of the Treasurer of the Authority to appropriately invest Authority
fun
adopted investment policy.
Section 18. Obligations of the Authority. The debts, liabilities, and obligations of the
Authority shall be the debts, liabilities, or obligations of the Authority alone. No Member of the
Authority shall be responsible, directly or indirectly, for any obligation, debt, or liability of the
Authority, whatsoever.
Section 19. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the purpose of authorizing the
Authority to implement, manage, and administer area-wide and regional programs in the interest
of the local public welfare. The costs incurred by the Authority in implementing a program,
including indirect costs, shall be assessed only to those Members who are parties to that
Implementation Agreement.
Section 20. Term. The Authority created pursuant to this Agreement shall continue in
existence until such time as this Agreement is terminated. This Agreement may not be
terminated except by an affirmative by simple majority vote of the voting Governing Board
Representatives who are present with a quorum in attendance or upon the withdrawal of two or
more of the participating agencies.
Section 21. Application of Laws to Authority Functions. The Authority and its
Governing Board and standing committees, shall comply with all applicable laws (as would
otherwise be applicable to California municipal corporations) in the conduct of its affairs,
including, but not limited to, the Ralph M. Brown Act (section 54950 et seq., of the California
Government Code.), Political Reform Act (Section 81000 et seq., of the California Government
Code), and Public Records Act (Section 6250 et seq. of the California Government Code.)
Section 22. Members.
a. Withdrawal. A Member may withdraw from the Authority by filing its
written notice of withdrawal with the Chair of the Governing Board sixty
(60) days prior to the actual withdrawal date. Such withdrawal shall be
effective at 11:59 p.m. on the last day of the sixty (60) day period. The
withdrawal of a Member shall not in any way discharge, impair or modify
the voluntarily-assumed obligations for the withdrawn Member in
existence as of the effective date of its withdrawal. Withdrawal of a
Member shall not affect the remaining Members. The annual dues of a
withdrawn Member shall be forfeited for the fiscal year of withdrawal.
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Past obligations and/or liabilities incurred during the period of
membership for a withdrawing Member shall continue until absolved
unless otherwise extinguished as part of a mutually agreed upon separation
agreement between the withdrawing Member and all remaining Members
of the Authority (unanimous consent). Withdrawal from any
Implementation Agreement shall not be deemed withdrawal from the
Authority.
b. Non-Payment of Dues. If a Member fails to pay dues within three (3)
months of its annual dues assessment, as required under Section 24 of this
Agreement and the Bylaws, and after a thirty (30) day written notice is
provided to that Member, the Member shall be deemed to be suspended
from this Agreement and the Authority. When a Member is suspended, no
representative of the Member shall vote on any matter pending before the
Governing Board or any committee. Such a Member shall be readmitted
only upon the payment of all dues then owed by the Member, including
dues incurred prior to the suspension and during the suspension.
c. Admitting and Readmitting Eligible Members. Eligible public entities
ble
Agreement by majority vote of the legislative body of the Eligible Public
Entity; (2) properly executing this Agreement; and (3) paying, in full, all
dues owed for the current fiscal year and/or past years (including
delinquent charges). An Eligible Public Entity is eligible for admission
regardless of whether it adopted and signed this Agreement before or after
the Effective Date (as defined in Section 27) of this Agreement. An
Eligible Public Entity that has withdrawn from the Authority in
accordance with Section 22 may be readmitted to the Authority by (1) re-
adopting this Agreement or any subsequent version of this Agreement by a
majority vote of the legislative body of the Eligible Public Entity; (2)
properly executing this Agreement or any subsequent version of this
Agreement; and (3) paying, in full, all dues owed for the current fiscal
year and any fiscal years for which the Eligible Public Entity had been
withdrawn from the Authority. No vote of the Governing Board shall be
required to admit or readmit an Eligible Public Entity that is in good
standing.
d. Admitting and Readmitting New Members. New Members (who are not
listed as Eligible Public Entities in Exhibit A to the Agreement) may be
admitted or readmitted to the Authority only upon an affirmative by
simple majority vote of the voting Governing Board Representatives who
are present with a quorum in attendance. Admission shall be subject to
such terms and conditions as the Governing Board may deem appropriate.
Section 23. Interference with the Functions of Members. The Governing Board shall
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not take any action that constitutes an interference with the exercise of lawful powers by a
Member of the Authority.
Section 24. Dues of Members. The Members of the Authority shall be responsible for
the annual payment of dues for each fiscal year in the amounts budgeted and adopted by the
Governing Board, as and for the operating costs of the Authority as provided in the duly-adopted
Bylaws. An annual dues assessment will be issued to all Members and shall be due and payable
in July of each calendar year.
Section 25. Disposition of Assets. Upon termination of this Agreement, and after the
payment of all obligations of the Authority, any and all general assets remaining shall be
distributed to the Members in proportion to the then-existing proportional obligation of those
in the funding of the Authority (as provided in Section 24 hereof),
except that any special assessments or funds contributed by Members or specific purposes that
Member.
Section 26. Amendment. During the term of this agreement, upon request by any
Member agency, the other agencies must make reasonable efforts in good faith to reach an
agreement on modifications to this agreement that may be reasonably necessary to effectuate the
intent of this agreement. Any proposed amendments must be in writing and have the unanimous
consent of the members of the Governing Board. Upon such consent, the amendment must be
presented to the legislative body of each Agency for approval within 90 days of notice by the
Governing Board. Amendments must be approved by the legislative body of all member
agencies.
Section 27. Effective Date
shall be __________.
Section 28. Indemnity. (a) The parties acknowledge that the provisions of California
Government Code Section 6513 (privileges and immunities of government agency acting under a
joint powers agreement) apply to this Agreement; and (b) Pursuant to California Government
Code Section 895,4, each Member agrees to defend, indemnify and hold the other Member, and
its officers, agents, and employees harmless from any costs, expense, claim, or judgment arising
out of any acts or omissions of the Member or its officers, agents, or employees with respect to
the implementation of this Agreement.
That the Members of this Joint Powers Agreement have caused this Agreement to
be executed on their behalf, respectively, as follows:
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CITY OF LANCASTER
____________________________________
Mayor
_______________
Date
ATTEST:
____________________________________
City Clerk
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CITY OF PALMDALE
____________________________________
Mayor
_______________
Date
ATTEST:
____________________________________
City Clerk
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CITY OF SANTA CLARITA
____________________________________
Mayor
_______________
Date
ATTEST:
____________________________________
City Clerk
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COUNTY OF LOS ANGELES
By _______________________________
Chair, Board of Supervisors
ATTEST:
Executive Officer of the
Board of Supervisors of the
County of Los Angeles
By ________________________________
Deputy
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By _______________________________
Deputy
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EXHIBIT A
ELIGIBLE PUBLIC ENTITIES
Lancaster
Palmdale
Santa Clarita
County of Los Angeles
(Fifth Supervisorial District)
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