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HomeMy Public PortalAbout04-28-1997CC_sp AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL - TO BE .HELD ON APRIL 28, 1997 CITY HALL COUNCIL CHAMBERS . 7:30 A.M. ~ ~,1 OPENING CEREMONIES 1. __ 2. 3. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS Louis-Byrd Robert Henning Armando Rea Paul Richards CERTIFICATION OF AGENDA POSTING~BY THE CITY CLERK PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) ITEMS FOR CONSIDERATION 4. OPTIONS FOR PROVIDING JOB TRAINING PARTNERSHIP ACT (JTPA) SERVICES IN THE LYNWOOD EMPLOYMENT AND ECONOMIC DEVELOPMENT (LEED) WORK-NET CENTER comments: To have Council consider the various options available to enhance JTPA training presence in the City. Recommendation: That Council consider the options and that it instruct staff as which option or options should be pursued. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Number of cases -one _ ADJOURNMENT MOTION TO ADJOURN TO A REGULAR MEETING ON MAY 6, 1997 AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. ~~' ® ~~ ^- I aPR 2 5 t~~ r 5= 0 . CITY OF LYNWOOD CITY M N ERS ~ Z e' ' '~ DATE: April 28, 1997 - T0: Honorable Mayor and Members o~ City. Council FROM: Faustin Gonzales, City Manager SUBJECT: OPTIONS FOR PROVIDINGJOB TRAINING PARTNERSHIP ACT (JTPA) SERVICES IN THE LYNWOOD EMPLOYMENT AND ECONOMIC DEVELOPMENT (LEED) WORK-NET CENTER - Puraose: To have Council consider whether or not it wishes to withdraw from the _. __. Hub Cities Consortium. Discussion: Under the direction of Mayor Pro-Tem Robert Henning, the City of Lynwood has been for over a year diligently pursuing the creation of a one- stop career center in order to coordinate the services being provided to our citizens by numerous agencies. - As a result of this effort a Workforce Development Manager has been hired and a comprehensive plan has been developed for the center. The Lynwood Employment and Economic Development Work Net Center, or LEED, should serve as a shining example for work force development and support as we enter an era of welfare reform and reduction in the traditional. safety nets for the less fortunate in our country. In order to create afull-fledged one-stop center, Lynwood will need to provide certain workforce development services through one or .more .mandatory partnerships. The California Economic Development Department (EDD) has already expressed a willingness to participate as one of the mandatory service partners and it is now necessary to obtain agreement for provision of Job Training Partnership Act (JTPA) services in order to fully "partner" our LEED. Presently, JTPA funds are provided to Los .Angeles County which is designated by the State of California as a .Service Delivery Area for JTPA purposes. The County, under three-party Prime Agent Agreement then passes through JTPA funds to a number of Prime Agents who then in turn provide training and other services to areas which they serve. Lynwood's Prime Agent is the HUB Cities Consortium which, under a Joiht Exercise of Powers Agreement services the cities of Cudahy, Huntington Park, Lynwood, Maywood and South Gate. The Hub Cities Consortium has been informally approached to see if there is any interest in locating and providing services from Lynwood's LEED. but the other member cities have- expressed a preference for locating in South Gate at the EDD office in that city which has space due to downsizing and restructuring of state services at that facility. It is probably possible to negotiate an 'arrahgement with HUB Cities whereunder that organization can provide services in Lynwood at the LEED under one or more of the following methods or models: • Co-location Model • Vendor Model • Sub-contractor~Model The Vendor Model is an arrangement whereby certain off-the-shelf .services are provided under contract. In order for Lynwood to be able to provide services under this model, the City would need to obtain County certification and research is necessary to ascertain the effort and time involved in such a process. Therefore no comment as to the viability of this option can be made at this time. AGEp.~~'i ? T'~~i Under the Sub-contractor Model, the City of Lynwood would receive funds to provide training and other services and would have to meet certain performance goals to which the County is obligated under the JTPA. Again, research and analysis is needed before any recommendationscan be made on this option. The simplest -and likely the most viable option is the Co-location Model. Under this model the HUB Cities Consortium would locate only a portion of its staff in rental space in Lynwood's LEED and services would be more readily available to our residents than they presently are. Of course if no arrangement can be worked out with the HUB Cities Consortium, Lynwood always has the option of withdrawing from the consortium. Attached to this report is a copy of a letter prepared by a Project Supervisor for the Department of Community and Senior Services ~~ of Los Angeles County. The letter addresses the potential effects of a Lynwood withdrawal from the consortium. It is worthy to note that the . letter indicates that the portion of HUB Cities' funding which is attributable. to Lynwood's membership is S710,861. This is much less than the S1.3 million .which other sources have indicated is attributable to Lynwood. Also attached to this report is a copy of the Hub Cities joint powers agreement which on page nine describes the procedure for withdrawal from the consortium. A draft letter for a conditional withdrawal has been drafted and is attached for Council's consideration. Recommendation: That Council consider the facts presented and direct staff on a course of ~~~~ action. It is recommended that Council consider sending the withdrawal letter prior to Aprii 30, 1997 in order to preserve its right to withdraw in this fiscal year should it become necessary and that Council further instruct the Mayor and the staff to immediately commence negotiating an arrangement for co-location of HUB Cities at Lynwood's LEED or any other arrangement which might reveal itself as more advantageous to all parties. Should Council find it advisable to discuss potential litigation relative to this matter, a closed session has been agendized for that purpose.. • • DRAFT LETTER letter to: City Clerks of 5 member cities of the Hub Cities Consortium, and to: • Hub Cities Consortium • Marlin Thomas, Second Supervisorial District Alternate Member Dear This letter serves as formal notice (under Article V, Section 3 of the Second Amended Joint Exercise of powers Agreement for the Hub Cities Consortium) that the City of Lynwood wishes to withdraw as a member of Hub Cities Consortium. Lynwood's withdrawal. request is being made .prior to April 30, 1997 in order to preserve the City's right to withdraw within this fiscal. year, should withdrawing become necessary. - Lynwood's Hub Cities representative, Mayor Pro-Tem Robert Henning, has on several occasions informed the Board that Lynwood is moving forward with plans for creating a one-stop career development center in the City and that the participation of the Hub Cities Consortium in some way in this center is highly desired by Lynwood. ~ _i We look forward to discussing with -you all possibilities whereunder we might be able to facilitate a Hub Cities presence in our center and not have to withdraw from the Consortium. Sincerely, Paul H. Richards, II Mayor ~~, _._ ... ,. ~,.. . sfEPHANirB 1Q.O~PlBr9t:Fi i4~1 DRtCas . ' April22,.1997 TO: i=FtdM: . SUBJECT: ~ ~ ~ ~HiMUirnY AND SENIOR S~RVICPS rw~:. ~.~._.,,t :~.~ _... ,. OF LOS ANGELES Ct~UNTY Marlon Thompson, Board Deputy Second 8upetviaorial DlshtCt 8tever`U"'~tenez, Project Supervisor ew>~ ~ kus . __... OLONIA MULiNA YVONNE SRATHWAl7! >,UA1ut ZEV YMQSUY9bY DQN rIHABE MIC:HA~L Q AN'roNOYrCtr CITY O~ LYNWOOD. POTEN1IAL WITHDRAWAL PI~tOM HUt3 CfT7i~g CQNSORTIUM -IMPACTS 14Np AL.TERNATIVE8 As requested, the following explains the prvoess for wfEhdrewal from the HUES Cities . Consot~um. inaddi~on,1've tread fo determine the likely Impacts of this acBon, snd provide poaslble altematlves. Aecording to Jeff Kennelly, Exeeutlve Director, WUB Clues Consortium, I.ynwood'B City Council Heads to formally vote to have itself removed from the Consortium. Upon an affirmative vote, the request would be submitted to the Consortium. The Consortium's Board of Directors would then take action on the r+f3quest. Mr, Kennelly believQS that the Consordum'8 Board would conau~with the request. Upon action by MUB Cities Consortium, the JTPA allocation used to servicz Lynwood residents would rovert back to the County SDA for program administration. The County SDA currently has contracts with service provider8 to eerr-ice tito6e residents In our )urisdiCtfon. Contracts for services were awarded on a competitive basis. I beNeve those servica providers awarded funds to service Second District residents would rnol~ than likely be used to serviq Lynwood residents. unless otherwise instructed by the Private Industry Council. it is difficult to determine the- time it wi11 take to complete the transfer the funding and servlcee to the County 6DA. However, you cart be assured then Such a transition will be done with the least amount of disruption to the residents. ;173 ~3T srxt~ s7'R~~1' • rt~$.~vcF1~S, (•~, , 90020.1708 Ct13) 7~WZb00 C.13) 3.9x•3893 FAC:S!41I1F' .. ~ . ! =~ Marlon. Thompson, Board Deputy /Apri12Z, 7987 --. Pape 2 --- . .LYNYyIOOD'S EFFORTS TO BECOME AONE-STOP As you are aware, this entire discussion is as a reau>t of t_ynwood's Inslstonce that a fully operational One-8top Carver Center be located with the City~s limits. Ear'ligr this year, iynwood City representatives met with State EDD staff to discuss the possfbtlt~r of being direct funded for the open~tton of Stop Career Center. State PDD .__ ___. staff were very clear in explaining that EDD could not direct fund such ran activity, that ~~ - - JTPA funding !a allocated on a formula bests to the 3DAs and funding such acti~i~r is under focal jurisdiction. - Lynwood City staff were also exploring the possibility of submitting a.grant eppliaation in response to the State's 6olicttatlon For Proposal -One-Stop Career Center System. County staff has informed Lynwood City staff, that the County intends on .partnering with the seven other SDA:; to submit cne jourt praposgl. The City of Lynwood has not informed the County SDA on it's intention for submitting this grant application to the State. To date, the City of Lynwood has hired prvfeseionat grant writer end a program manager to an effort to secure flnenctai resources end to d0velop the opera~ng stnrctur© for aOne- 8top Career Center to the City of Lynwood. The County SDA has attempted to provide same levei Of n38olutidn to this matter. Firs, we have offered to exploro the possibility of establishing a satellite location, in Lynwoor.~ linking It with th® County SDA dne-Stop .Career Center aystem. This has been reJecte by City ofi'iclals. Second, County staff fiave provided the City of Lynwood the apportunlt;~ to apply for True 11140% fund fio the State. To dafe, we have not received any response to this appilcation for Title 11140°~. 1 .. ... ~ .. . ~. . w •.I .+.i~.~.. ... . • rf. _. ~... ~...r. ~ .. ... i ~ . Merlon Thompson, Boarc1 Deputy Apnl 2Z,1 ae7 Papa 3 M • Clearly the Cliy of Lynw~d'$ options ero limited. Either jt Can remain In the HUB ' Consortium, or tact be trensf Emed under the jut~dintlOn of fhe County 6Diq, ei~es don't believe that beoornin8 ®Prlme Agent, or SbA is en in fact: the aeons of LynwDOd is counter to eftotb option fior the City of Lynwood. to aet local entr'ties to collaborate, and aonaolldate ~ 8tafie and Federal governments preparation: SDA status requf r~eS 8ppi~i by the 8tete ~n~d ~~ a~~A to workforce Board oT'Supenrieors. Both unlikely. Peon by the County Prime P~gents status would require Beard of Supenilsors a that the Board of Supervisors have not supported the ~~ti not new.P- ~e~~tAn~p~p sometime. Flnaily, but alsa Important td know hawm AAe°`~' ''~ indicate that h Is less than one miAion dollars ~ dollars ere ~ steka. Our recobs ~oCeted by formula to HUB Cifles Consortium tOr Lyn op~d,~ I ~e~'eB by tie funds SFJ:Ji Attachment ••, ~: >~~>: =:; - ._ . .... ti ~ Y-: - _ ~ .. ^.r ~ _ - _ _ ,J..._ .. ~1~~ T ~. a 'r..~-: %r • • ATT"ACMMENT I 'title iiA Tltie 1il .Title IiC Tltle IIA 5% $3l~2,399 247,315 65,057 15,080 l .. • • SECOND AMENDED JOINT TXERCISE OF POWERS AGREENIF1vT HUB CITI$9 CONSORTIIIM This Second Amended Joint Exercise of Powers Agreement (the "Agreement"), dated for reference September 16, 1993, is by and among the cities of Cudahy, California, Huntington Park, California, Lynwood, California, Maywood, California, and .South Gate, California (collectively, the "Cit~.es"). Each of-the Cities ie a municipal. corporation duly organized and existing under the Constitution and laws of the State of California. The address .of the principal business affiees of the iadividual Citi®s is as follows: City of Cudahy,- 5220 Santa Ana Street, Cudahy, California 90201; City of Huntington Park, 6550 Miles Avenue, Huntington Park, California 90225; City of Lynwood, 11330 Bullis Road, Lynwood, California 90262; City of Maywood, 4319. Slauson Avenue, Maywood, California 90270; and City of 6outh Gate, 8650 California Avenue, South Gate, California 90280. This Agreement is made pursuant to the Joint Exercise of Powers Law (Articles 1 through 4 [commencing with Section 6500 of Chapter 5, Division 7, Title 1 of the California Government Code, as now or hereafter amended, hereinafter the "Act") , ... PREAMBLE - WHEREAS, each of the Cities is authorized by law to develop a systematic process for the planning, implementation, and coordination of programs for the delivery of job training, economic development and human services; and WHEREAS, each of the Cities has determined that there is a need to develop a systematic process for the planning, coordination, and implementation of programs far the delivery of job training, economic development and human services; and wxEREAS, each of the Cities desires and plans to develop a systematic process. for the planning, implern~n.ta.ti~r ~~.d coordination of programs for the delivery of job trai..ning, economic development and human services; and WI~EREAS, each of the Cities has determined that the creation and use by .the Cities of a single entity to r?avelc~, plan, implement and coordinate such programs will ens}:ale the Cities to realize significant cost savings and admin~_~tratit-e efficiencies in developing, planning, implementing, and coordinating such programs; and WHEREAS, each of the Cities is authorized by ].aw to purchase, own, lease, and use real and pex•svnal property neaest~ary ox convenient for the conduct of its governmental business;, and a3o9i~ rose sgusso a • WI~REAS,-each of the Cities desires and plans to finance, ~c~iwith theaconduct oflitsdgwernmen albusinesej and in connection WHEREAS, each of the Cities has determined that the cr-eation and use by the Cities of a pingle entity to finance, acquire, own and use such property will enable the Cities to realize significa~C~nst andiusing suchmpropertyrvandfficiencies in acquiring, fin g. ~iHEREP,S, agencies created pursuant to the Act axe authorized by the Act to, inter a].ia, finance, acquire,~and own public capital improvements and to convey such public capital improvements to any of its members: and WI3EREAS, agencies created pursuant to the Act are .authorized by the Marks-Roos Local Hond Pooling-Act of 185 (Article.4 [commencing. with Section 65841 of Chapter 5, Division 7, Titled of the California Qovernment Code, as now or hereafter amended, hereinafter the "Pooling Law") to issue bonds for the - purpoeeq provided in the Pooling Law and the Acts WHEREAS, it has beenrdeementidatedySeptemberd1991tshould Consortium that the Amended Ag be further amended to provide far an expanded Board of Directors and in certain other respects; NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and--promises herein set forth, the Cities agree to further amend and restate the Agreement as follows ARTICL$ I PURPOSE AND ADMINIS T ON .. (1) Purpose. The purpose of this Agreement is to . - create a public entity to develop, finance, and administer programs far the delivery of .job train~ing, economic development and human...services to the residents of the Cities and adjacent unincorporated areas, to finance the acquisition of Public Capital Xmprovements (as defined in Section 6585 (g) of the Pooling Law) for the Cities ley directly acquiring such Public Capital Improvements and/or purchasing the Bonds (as defined in Section 6585 (c) of the Pooling Law) of any of the Cities, and ley using all other financing techniques provided for or authorized by in the Act and the Pooling Law, and tv undertake such other , programs as the Board of Directors may authorize. Any such purchases of Bonds by the public ent3.ty created hereby shall be pursuant to agreements between the public entity and any oY al?. of the Cities whereby the public entity shall agree to pur~Whas~ Bonds issued by any or all of the Cities (Bond Purchasr. Agreements) and any loan made under the Act or the Fool-ing Tai=~ sao9i~ mgc 1911660 ~ - ~ ~:. _ , - . ". . ~-I -:-."~. ',~p., - - ~ • shall be '.made pursuant to wn agreement ae provided in the Act and the pooling Law. s all administer this Agreement. (2) eation Or C nsortium. Pursuant to the Act, there is hereby created a public entity to be known as the "Hub Citie~.Consortium" (the-"Consortium"}. The Consortium shall be a public entity separate and apart from each of the Cities, and h (3 ) hoard . (a) Created. The Consortium shall be administered by a Board of Directors (the "$oard"). The Board shall be called the."Board of Directors of the Hub Cities Consortium." A1~. voting-power of the Consortium shall reside in the Board. (b) City Directors. The City Council of each of the Cities shall, appoint one Director and one alternate. Each City Director and alternate shall be a member of the City~Council. of the party hereto which appoints such Director and alternzte and a vacancy shall be declared 1f any Director or alternate shall cease service on the appointing legislative body. (c) ount Director Each member of the Los Angeles County Board of Supervisors who represents any~of~the territory of the Cities may appoint one Director and rune alternate, such appointments to be evidenced in writ~.?~g. addition of a City tottherC~neortium pursuant torParaorathe g Article VI below or for any other reason, the number of Directors appointed to the Soard shall be an even number, the Board of- Directors may by resolution appoint an additional Director and alternate. (e) Terms• vacancies. Each 17irector and alternate shall serve a twv-year term commencing on July 1st and ending on ~J'une 3gth of the seoond following year and each Director and alternate shall serve at the pleasure of the body or person that appointed such Director and alternate. Vacancies during a term and following expiration of the term of any Director or alternate shall be filled in the same manner as the original appointments. The Directors serving at the time tl~.;s Second Amended Joint Lxerc%se of Powers Agreement ta~-:~~ ~~{.-.-.~ shall classify themselves by lot or agreement into tvn_~ classes ~,~: as nearly equal size as may be. The smal.ier class sh,~ll have terms which expire on June 30, 1994 and the larger class shall have terms which expire on June 30, 1~~5. Nothing in this Agreement shall bar the reappointment o£ a Director wt~o continue to qualify for appointment. ' __ (f) Comnensa.tionl Expenses. Directors and alternates shall receive reasonable compensation for_each meeting 9]0917 ~ 1!11660 2 - 3 - ,._ o~ the Board attended. The amount ,of said compensation shall be determined by the Board of Directors from time to time but shall not exceed an amount that is usual'and customary. .Each. Director and alternate may be reimbursed for his or her necessary expenses including travel incurred in-connection with his or her services as Director, pursuant to resolution of the Board. (4) Meetings cf_the Boar. (a) Regular Meetings . Regular meetings of the Board shall be held at 5:3Q p.m. on the third (3rd) Thursday of every month or at such other time as the Board may fix by resolution from time~to time,' and if any'day so fixed shall fall upon a legal holiday, then, upon the next succeeding business day at the~eame hour. No notice of any-regular meeting of the Board need be given to the Directors. (b) Special Meetings. Special meetings of the Hoard may be called in accordance with the provisions of Section .__ _,. 54956 of the California Government Code. (c), Call, Notice and Conduct of MeeYi.nQS. r,ll meetings of the Board, including without limitation, xegula~-, adjourned regular and special meetings, shall be called,~notieed, held and conducted in accordance with the provisions of Sections 54950 et seq. of the California Government Gode. (5) Minutes. The Secretary {as defined in Article lI, Paragraph (3) hereof) shall cause to be kept minutes of the meetings of the Berard, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each of the Cities. (5) voting. Each Director and each alternate shall have one vote. Said vote can only be exercised by the Director_ or alternate in attendance at the meeting and no alternate may. vote if the Director for whom that alternate was appointed is in attendance at the time t?~e vote is to be cast. In no event sha~_1 any City or County Supervisor have more Than one vote. (7) Quorums Required votes; Approvals. A majority o~F the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings o.f_ the •Board. (8) By-laws. The Board may adopt by-laws, rules and regulations for the conduct of its meetings or as are necessary for the purposes hereof. (9) Fiscal Year. The fiscal year of the Consortium shall be from Ju~.y 1 of one year to dune 30 of the following year, or any other twelve-month period hereafter designrztecl by the Directors. 970917 mg4 1911660 2 -~ ~ - • -... • (10) Private Advisory+Committee. The Consortium may establish the Private Advisvzy Committee (the "PAC" ) of the I~ub Cities Consortium. The Board_sha].1 appoint the members of the PAC and shall fill all vacancies on the PAC and shall establish. procedures and regulations for the function of .the PAC as the Board deems appropriate. The PAC shall perform such duties as are. delegated by the Board. _ (11) Pe~sonriel. The Board shall~be responsible for the regulation of• all personnel activities, including but not limited to-the selection, recruitment, discipline, and discharge of any. Consortium staff. The Board may designate the Executive Director or another person to exercise the authority of the Board to .. • perform any or all of the duties of this Section (il) and to take such action as is necessary and appropriate with regard to those duties... ARTICLE II OFFICERS AND EMPLOYEL$ (1) chairman. The Consortium who shall be a Director and who shall be the Board and whom shall perform the dut: office. The Chairman may sign contracts Consortium, and shall perform such other by-the Board. shall have a Chairman selected as Chairman by ies normal to said on behalf of_ the duties as may be imposed (2) vice-Chairmen. The Consortium sha12 have a Vi.ce- Chairman who-shall be a Director and who shall be selected as Vice-Chairman by the Board. In the absence of the Chairman the Vice-Chairman shall perform the duties of the Chairman and shall perform all duties normal to such office. • (3) Secretary.• The Consortium shall have a Secretary .•. who shall be selected by the Board and shall perform all duties • normal to ouch office. (4) Treasurer and Auditor. Pursuant to Sections 650:5 and 6505.6 0~ the Act, the present accountant of the Consortium and any successor to ,that accountant shall be designated ar trc Treasurer/Auditor of tb.e Consortium. The' Treasurer/auditor. sha].1 be the depositary, shall have custody of all of the accounts, funds and money of the Consortium from whatever source, sh^7.1 have the duties and obligations set forth in ~ectioi~s 65oS .end 6.505.5 of the Act and shall assure strict accountability o~ all funds and reporting of all receipts and disbursements of the Consortium. As provided in Section 6505 and Section. 6505.6 of the Act, the Treasurer/Auditor shall make arrangements with a certified public accountant or fire of certified public accountants for an annual independent audit of acrot~nts and records of the Consortium. 830917 eege 1911660 Z - 5 - (5) 'Executive Director. The Board may appoint an Executive Director by a majority vote of the o~hole Board and may delegate authority to the Executive Director to execute contracts approved by the Board and to perform any duties necessary and appropriate for the day-to-day management and operation of the Consortium. ..._ (6) Officers in Charge of Records. Funds and Accounts. -~rauant to Section 6505.1 of the Act, the Treasurer/Auditor shall have charge of, handle and have access to all accounts, funds and money of the Consortium and all records of the Consortium relating.thereto; and the Secretary shall have charge of, handle and have access to all other records of the •~ COII9ort111R1. (7) Bonding Persons Having Aee ss to Public Capital ~• improvements. From time to time, the Board may designate persons, in addition tv the Secretary end the Treasurer/Auditor, having charge of, handling or having accents to any records, funds or accounts or any Public Capital Improvement of the Consortium, and the respective amounts of the official bonds of the Secretary and the Treasurer/Auditor and such other persons pursuant to Section 6505.1 of the Act. ' (8) General Counsel. The Board may appoint a General Counsel of the Consortium who. shall provide legal advice and. perform such other duties as may be.prescribed by the sward. ' (9) Other Employees. The Board shall have the power .. to appoint and employ such other employees, consultants and independent contracture as may be necessary to accomplish the purposes of this Agreementi. . (10) Assistant .officers. The soard may appoint such assistants to acC in~the place of the Secretary or other officers of the Consortium (other than any Director) as the Board shall from time to time deem appropriate. (11) Removal and Reappointment. Unlews otherwise expressly stated herein, all officers of the Consortium shall serve at the pleasure of the Board. However, nothing in this paragraph shall authari~e the Board to appoint or dismiss a Director. 11~?TICLE III WERS (1) General Powers. The Consortium shall exercise ~.*~ the manner herein provided the powers common to each of the Cities and necessary or apprepriaCA to the accomplishment of the purposes of this Agreement, e~~bject to the reetricCion~ set forth in Paragraph (4) of this I~rticle III. 930917 age i91i6ea a - 6 - e,. • (2) Power to Ipsue Revenue Bonds. The Consortium. shall .have all of the powers prvj-ided in Article 4 of the~lct (commencing with Section 6584), including the power to issue Bonds under the Pooling Law. {3) Specific Powers. The Consortium is hereby authorized, in .its own name, to do all acts necessary far the exercise of the foregoing powers, including but not limited to, any or all of the following: ---- '(a) to develop, plan and implement programs for the delivery of job training, economic.development and -human services to citizens of the Cities and adjacent. unincorporated areas and-to undertake such other _programs as the Board of Directors may authorize] (b) to make and enter into contracts; (c). to employ agents or employees; (d) to acquire, construct, own, manage, maintain, dispose of, or operate any Public Capa.ta]_ Improvem~+nt, including the common power of the Cities to acquire any Public Capital Improvement by the power of eminent' domain; (e) to sue and be sued; (f) to issue bonds and otherwise to incur debts,. liabilities or obl3.gationg, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation of any. or all of the G~.ties; (g) to apply for, accept, receive and disburse granr_s, loans an3 other ai_d from ar_.y agency of t}~.~ Una.te.c~ --- States of America, the StatA of Califaz'nia, r_Y of the County of Los l~.i~g~lea; (h) to invest any money in the treasury pursuant to section 6505.5 of the Act that ie not required for the immediate nAces4ities of the Consortium, as the Consortiium detertna.nes ig advisable, in the same manne?° and upon the same conditions as local agencier~, pursuant to Section 53601 of the California Governmen.+~ Code; (i) to apply for letters of credit to secure the repayment of Bonds and enter into agreements in connection therewith; ~ - (j) to carxy out and enforce all the provisions Gf this Agreement; 870917 age 1911880 2 - ~ - 1 ~ ~ ~ ~ ~~ - (k) to make and enter into-Bond Purchase Agreements or other agreements necessary to carry out the purposes rf this Agreement J ~ ___. (1)` to exercise any and all other powers as may be -- provided in the Act and the Pooling Law; and ~. (m) to purchase obligations issued by_~ny or ell of the Cities. (4) Restrictions on Exercise of Powers. The powers of the Consortium shall be exercised in the manner prescribed in the Act and in the Pooling Law, and, except for those powers set .forth in the pooling Z,aw, sha7.l be subject (in accordance with Section 6509 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon the City of Cudahy, a general law city, in the exercise of similar powers, provided, however, that if the City of Cudahy steal]. cease to be a member, then the Consortium shall be restricted in the exercise of its power in the same manner as is the City of South Gate, a general law .city. (5) Obligations of Consortium. The debts, liabilities and obligations of the Consortium shall not be the debts, liabilities and obligations of any or all of the Cities. ARTICLE IV CONTRIBIITIONF._.ACCODNTS AND REPORTS FDNDs _ (1)' Contributions. Fach of the Cities may in the appropriate circumstance when required hereunder: {a) make contributions from their treasur~.es for the purposes set Earth herein, (b) make .payments of public funds to defray the coat of. such purposes, (c) make advances of public funds for~such .purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of ether contributions ar advances. -The provisions of Section 651 of rha . California Government Code are hereby incorporated into this Agreement..., (2) Accounts and Resorts. The Treasurer/Auditor shal..i establish and. maintain such funds and accounts as nay be rec~ui~-e~.c by any applicable laws or regulations, good aceoun*_ing prachice, or by any provision of any trust agreement entered into with respect to the proceeds o£ any Bonds issued by the Con~crtium. __ The books and records of the Consortium in the hands of the Treasurer/Auditor shall be open to inspection at all reasonable times by representatives of the Cities. The Treasurer/Auditor, within 120 days after the close of~each fiscal year, shall give ~, complete written report of all financial activities for such • fiscal year to the cities. The trustee appointed under .any trust agreement. shall establish suitable funds, fut-~zish £inanci,yl a~o9s~ «ge ipu6so 2 - 8 - - : v--• : - - -- '_ "-~ ~= :1 ~ ..1 .4~ 1 Y ~ I ~N' ~ •-'F'; - - ;~L i - - a .reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. said trustee may be • given such duties in said trust agreement as may be desirable to carry out this Agreement. __ (3) Funds. -Subject to the applicable provisions of any instrument or agreement into which the Consortium may enter, which may provide .for a trustee to receive, have custody. of and. disburse Consortium funds, the T~ea~surer./Auditor of the Consortium shall receive, have the custody of and disburse ' Consortium funds in accordance with generally accepted accounting practices, shall approve demands against the Consortium pursuant to Government Code section 6505.5(e), and shall make the disbursements required by this Agreement or necessary to carry .out any of the provisions or purposes of this Agreement. ,_ (4) Annual B qet and Administrative Exge~naes. The Board shall adapt a budget for administrative expenses, which shall include all expenses not included in any financing 'issue of • the Consortium, prior to the commencement of-each fiscal year. ARTICL~3 v DI~PO3ITION OF A3SETB (1) Term. This Agreement shall continue in full force and effect so long as any Bonds remain outstanding ar so long as the Consortium shall own any interest in Public Capital Improvements or until terminated by, a unanimous vote of the Board. (2) bisnosition of Assets. IIpan the winding ~up.~nd dissolution of the Consortium, after paying or adequately providing for the debts and obligations of the Consortium, the remaining assets of the Gbnsortium shall be distributed to the parties to the Agreement. Yf for any reason the parties to the Agreement are. unable or unwilling to accept the assets of the Consortium, said assets will be distributed to the Federal Government or to the State of California or any local government for public purposes. (3) Terminations. Any party--may withdraw from ~.tp status as a party to this Agreement at the end of any given fiscal year provided that at such time said party has either discharged, or arranged for, to the sat~.sfaction of the remaining members of the soard, the discharge of any pending obligation it has assumed hereunder, and further provided that written notic~_ of intention to so .withdraw has been served upon the Board ~.nd the C~.ty Clerk of each party hereto no later than April 3ot.h preceding the end of the. fiscal year. . (4) Csr~tinustion. The inclusion of addition~.l parties to this Agreement or the withdrawal of some, but .not a:LJ., Qf t}ie 9ao9x~ ~ iau6so ~ - 9 - _ .. _ _ o.l'. J'. s''9 ~~. -.~~. :f„„<•~ r~ ~~ ARTICLS VI p~uRnr. pRAVISIONS (1) Notices. Any notices required by oz' given pursuant to this Agreement shall be in writing and shall be delivered to the City Clerk of each of the Cities at the address of the principal business offices of the respective Cities listed in.the introduction of this Agreement. parties to this Agreement shall nat be deemed a dissolution of the~Consortium nor a termination of this Agreement. .The Consortium shall continue to exist and this Agreement shall continue in full force and effect'so long a8-there shall be at least two partie® to this Agr-eement. (2) t3overnina Law. This Agreement shall be deemed to -.have been made and shall be coastrued and interpreted in ._ _, accordance with the laws of the State of California. (3} Headinae. The article and paragraph: headi.~za contained in this Agreement are for the convenience of reference only and are not intended to define, limit or describe the scope of any provision of this Agreement. __ (4) consent. Whenever any consent or approval j_r required by this Agreement, such oonsent or aprYov~.~. s~~alJ. not be unreasonably withheld. (5) ,Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of bonds issued by the Consortium or certificates of. participation regarding payments to be made by the~Consortium~or the Cities or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by all of the parties to this Agreement either as required to carry out any~of the provisions of this Agreement or for any other purpose. {6)' Enforcement By Consortium. The Consortium is hereby authorized to take any or all legal or equitable actions., including but not limited to injunction and specific performan~~, necessary or permitted by law to enforce this Agreement. (7) ~everabil„itx. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conf~.ict with any law of the State of California, or otherwise be rendered unenforceak~l.;~ or ineffectual, the validity of the remaining party, tr--_rms, or provisions of this Agreement shall-not be affected thereby. (8 ) successors . This AgrA9lnent sha~.1. be ba.nd~.ng upota ~.--- and shall inure to the benefit of the Quccessors of the Giti.es, o~~~ nga slia9eo s ~~~J~!G'~"'~i''_ - ZO - retsppactively. None of the Cities may assign any right or `obligation hereunder without the written consent of the other (9) New Pa m, . Upon approval by the Board and by "Otheir governing bodies, additional Cities or public agencies may become parties to this Agreement. + (10) Ac „ � nn in Couptervae This Agreement may be Ex ec uti on executed on behalf of the respective Cities in one or more ..counterparts all of which colleetiv*ly shall constitute one '""document and agreement. r (11) Effective Date This Second Amended Agreement shall take effect upon its execution on behalf of the last of the r, :five cities to do so. IN WITNESS MMREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the, parties. CITY CQDAHY Dated: ATTEST: (SEAL) CITY HIINTINGT_ON PAS Dated: ATTEST: (SEAL) [Signatures Continue] 930917 mge 1911660 T Z TOTAL P.12 i .. ` ~ ~ kq~ ~ `- .t ,_ a `3 ~ , ~; a +- x ;, ~, ,~ ,~ :{mot ~ ~ m~ ~.v .} ~~Y ~ . F T~ T L.rF ' Y' ~ .L h ~ ~ t !~.% i Y \ ~./ '~i _."L.,yt'. ; _. ~, _ .~ 7 '.. ~ `.E...$-~ .~ ~~::iG ._. •. ~ .. .. . __=~ _~-.3. ~. :. _r«oa.-.taa .. ..a F ..~ ,- : r . Y . : +~p,'w+v.? ~•t'~~ CITY OF LYNWOOD, f LOS ANGELES COUNTY, CALIFORNIA i FOLLOWS: ORDINANCE NO. 1455 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING ORDINANCE NO. 1454 TO ELIMINATE ALL REFERENCES TO GOVERNMENT CODE SECTION 36503.5, THAT WAS' SUPERSEDED BY ELECTIONS CODE SECTIONS 1301 AND 10403.5, AND A-REFERENCE TO SECTION 1,302 OF THE ELECTIONS CODE THAT SHOULD APPEAR AS.SECTION 1301 THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS Section 1. The title of Ordinance No. 1454 is amended by substituting "Elections Code Section 1301" for "Government Code .Section 36503.5." Section 2. Paragraph B of Section 1 of Ordinance No. 1454 is amended by substituting "Elections Code Section 1301'! for "Government Code 36503.5," and substituting "Section 1301 of the Elections Code" for "Section 1302 of the Elections Code." Section 3. Section 2 of Ordinance No. 1454 is amended by substituting "Elections Code Section 1301" for "Section 36503.3 of the California Government Code." Section 4. - Section 3 of Ordinance No. 1454 is amended by substituting "Elections Code Section 1301"'for "Section 36503.5(g) of the California Government Code." Section 5. Section 4 of Ordinance No. 1454 is~ amended by substituting "Elections Code Section 1301" for "Section 36503.5(a)(1)~of the California Government Code." Section 6. Section 5 of Ordinance No. 1454 is amended by substituting "Elections Code Section 10403.5" for "Section 36503.5(e) of the California Government Code." Section 7. This ordinance is adopted solely for the purpose of clarifying references to statutory provisions of state law that were either amended or repealed by the State Legislature in 1996 by the enactment of Senate Bill No. 1200 (Chapter 1143 of the Statutes of 1996.) The substantive provisions of Ordinance No. 1454, as originally adopted by the City Council, in all respects remain operative and in full force and effect. Section 8. In accordance with Section 36937 (a) of the California Government Code, this ordinance amending Ordinance No. 1454 relates to an election and takes effect immediately upon its adoption. Section 9. The City Clerk is directed to certify to the passage and adoption of this ordinance, to cause it to be published or posted according to law, and to submit it to the i Board of Supervisors of Los Angeles County in order that it may 970423 10512-00001 pjn 0593026 1 be attached to Ordinance No. 145 clarification, as described in Se ' PASSED, APPROVED AND AI 1997. Pat ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: ~.l~u,N.r. a.2:,.~.~. City Attorney 470423.10512-00001 pjn 0593026 1 - 2 - STATE OF CALIFO1tNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1455 on file in my office and that said ordinance was adopted on the 22nd day of Apri 1 , 19 97 ,and passed by the following vote: .AYES: COUNCILMEMBER BYRD, HENNING, RICHARDS NOES: NONE ABSENT: COUNCILMEMBER REA ~~~~ , City Clerk, City of Lynwood `k i t I ~~ ~~ i ;i ~.~ 'i i E i I