AGENDA Special Meeting of the Board of Directors of the Southern California Cities Consortium

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1 AGENDA Special Meeting of the Board of Directors of the Monday, August 27, :00 AM City Council Chambers, City Hall, 1st Floor 9770 Culver Blvd. Culver City, CA CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ITEMS FROM MEMBERS/STAFF 4. PUBLIC COMMENT This public comment period shall have an aggregate duration of up to 20 minutes. Each speaker may address the Board for up to three minutes. The Secretary requests that those wishing to speak complete a speaker card. Completing a speaker card is voluntary and is requested only as a means to notify persons when their opportunity to address the Board has arrived. 5. ACTION ITEMS 1. Selection of Chair and Vice Chair of the Consortium 2. Designation of Treasurer of the Consortium 3. Authorizing Withdrawal and Distribution of Remaining Consortium Assets 4. Dissolution of the Consortium and Terminating the Joint Powers Agreement 6. ITEMS FROM MEMBERS 7. ADJOURNMENT Accommodation: Any person needing reasonable accommodation related to disabilities, including assisted listening devices, is welcome to contact the City of Culver City Clerk s Office at or via at city.clerk@culvercity.org for assistance. Page 1 of 2

2 Compliance with Government Code Section : Any writing determined to be a public record under subdivision (a), which relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency that was distributed less than 72 hours prior to that meeting, shall be made available for public inspection at the time the writing is distributed to all, or a majority of all, of the members of the legislative body. Such documents are available at the Office of the City Clerk, City of Culver City, City Hall, 9770 Culver Boulevard, Culver City, CA 90232, and may be inspected by members of the Public during normal business hours. Such documents may also be made available on the City of Culver City s Website: THIS IS THE FINAL MEETING OF THE SOUTHERN CALIFORNIA CITIES CONSORTIM Page 2 of 2

3 Staff Report August 27, 2018 Special Meeting - Agenda Item 1 To: From: Subject: Board of Directors Jesse Mays, Assistant to the City Manager, City of Culver City Selection of Chair and Vice Chair Date: August 20, 2018 RECOMMENDED MOTIONS 1. Select Director to serve as Chair of the Consortium. 2. Select Director to serve as Vice-Chair of the Consortium. BACKGROUND Section 11 of the Joint Powers Agreement (JPA) specifies that annually at its first regular meeting of each calendar year the Board shall select one of its Directors to hold the position of Chair of the [Consortium] and a second Director of the Board to hold the position of Vice-Chair of the [Consortium]. The Chair shall be the chairperson of the Board and shall conduct all meetings of the Board It is recommended that the Board select a Chair who will conduct the remainder of the August 27, 2018 Special Meeting.

4 Staff Report August 27, 2018 Special Meeting - Agenda Item 2 To: From: Subject: Board of Directors Jesse Mays, Assistant to the City Manager, City of Culver City Designation of Treasurer Date: August 20, 2018 RECOMMENDED MOTION Designate the Chief Financial Officer of the City of Culver City as Treasurer for the Southern California Cities Consortium. BACKGROUND Section 12 of the Joint Powers Agreement (JPA) stipulates that the Board shall designate or contract with a qualified person to act as the Treasurer for the [Consortium] No person who is a Director or alternate Director of the Board shall be eligible to hold the position of Treasurer Section 13 of the JPA says that the Treasurer shall have charge of all funds to which the [Consortium] is entitled. It is recommended that the Chief Financial Officer of the City of Culver City be designated as the Consortium s Treasurer. The Consortium s checking account (which reportedly contains around $31,000) is at Bank of America, with whom the City of Culver City has other bank accounts. There is no record of who has authorized access to the Consortium s account. Previous attempts by staff to obtain records of the account and who has authorized access have been denied by Bank of America for account security purposes. It is likely that that any responsible individual(s) has either passed away or retired. However, after discussions with staff, Bank of America has agreed to allow account access to the person whom the Consortium designates via a resolution, which is the requested action in Action Item 3.

5 Staff Report August 27, 2018 Special Meeting - Agenda Item 3 To: From: Subject: Board of Directors Jesse Mays, Assistant to the City Manager, City of Culver City Authorizing Withdrawal and Distribution of Remaining Consortium Assets Date: August 20, 2018 RECOMMENDED MOTION Adopt the proposed resolution authorizing the Consortium s Treasurer to withdraw and evenly distribute the remaining Consortium assets. BACKGROUND Section 23 of the Joint Powers Agreement (JPA) specifies that Upon termination of this [JPA], after the payment of all obligations of the [Consortium], any assets remaining shall be distributed to the then member Cities in the manner determined by the Board in accordance with this [JPA], the Act, and other applicable laws. No record has been found of any current or future monetary obligations of the Consortium. No records have been found of how funds were originally contributed by member cities. As such, the recommendation is to disperse funds evenly among the nine member cities. This would result in a distribution of approximately $3,333 per city if the account contains the believed amount of approximately $31,000. ATTACHMENT 1. Proposed Resolution No R001

6 RESOLUTION NO R001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA CITIES CONSORTIUM, AUTHORIZING ITS TREASUER TO WITHDRAW AND DISTRIBUTE REMAINING CONSORTIUM ASSETS. WHEREAS, effective April 4, 1995, the cities of Carson, Culver City, El Segundo, Gardena, Hawthorne, Lawndale, Lomita, Redondo Beach, and West Hollywood ( Member Cities ) entered into a joint powers agreement ( JPA ), pursuant to Government Code Section 6500, et seq., the Joint Exercise of Powers Act to create the ( Consortium ); and WHEREAS, pursuant to Section 12 of the JPA, the Consortium Board designated the Chief Financial Officer of the City of Culver City as the Treasurer for the Consortium; and WHEREAS, pursuant to Section 13 of the JPA, the Treasurer shall have the charge of all funds to which the Consortium is entitled and perform such other duties as may be imposed by the Board. NOW, THEREFORE, the Board of Directors of the Southern California Cities Consortium DOES HEREBY RESOLVE as follows: 1. Pursuant to the authority granted by Section 13 of the JPA, the Treasurer is hereby authorized to withdraw any and all remaining funds from all bank accounts held by the Consortium ( Consortium Assets ) and close all such bank accounts. 2. Pursuant to Section 23 of the JPA, the Consortium Board hereby directs the Treasurer to distribute the remaining Consortium Assets evenly among the Member Cities. / / / -1-

7 This Resolution shall take effect immediately upon its adoption APPROVED and ADOPTED this day of, 2018., Chair 8 9 ATTEST: Jesse Mays, Secretary City of Culver City

8 Staff Report August 27, 2018 Special Meeting - Agenda Item 4 To: From: Subject: Board of Directors Jesse Mays, Assistant to the City Manager, City of Culver City Dissolution of the Consortium and Terminating the Joint Powers Agreement Date: August 20, 2018 RECOMMENDED MOTION Adopt the proposed resolution dissolving the Consortium and terminating the Joint Powers Agreement (JPA). BACKGROUND It is proposed to terminate the JPA since the Consortium has not met or transacted any business in at least seven years and perhaps more than a decade. Section 17 of the JPA stipulates that the JPA may not be terminated except by an affirmative vote of two-thirds of the Directors of the Board. There are nine Directors, each of whom represents one of the nine member cities, so at least six affirmative votes are required to terminate the JPA. Section 17 further stipulates that the JPA cannot be terminated unless all indebtedness of the [Consortium] is paid in full or adequate provisions have been made for such a payment as determined by the Board. The Consortium has no known debts. The proposed resolution would become effective only after all remaining assets of the Consortium have been distributed to the member cities. ATTACHMENT 1. Proposed Resolution No R002

9 RESOLUTION NO R002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA CITIES CONSORTIUM, DISSOLVING THE CONSORTIUM AND TERMINATING THE JOINT POWERS AGREEMENT. WHEREAS, effective April 4, 1995, the cities of Carson, Culver City, El Segundo, Gardena, Hawthorne, Lawndale, Lomita, Redondo Beach, and West Hollywood ( Member Cities ) entered into a joint powers agreement ( JPA ), pursuant to Government Code Section 6500, et seq., the Joint Exercise of Powers Act to create the ( Consortium ); and WHEREAS, pursuant to Section 17 of the JPA, the JPA may be terminated by an affirmative vote of two-thirds of Board of Directors; provided, all indebtedness of the Consortium is paid in full; and WHEREAS, the Consortium has not met or transacted any business in at least the last seven years and perhaps more than a decade; and WHEREAS, the Board has determined that the Consortium no longer serves its purpose and should be dissolved. NOW, THEREFORE, the Board of Directors of the Southern California Cities Consortium DOES HEREBY RESOLVE as follows: 1. The Board hereby certifies that any and all indebtedness of the Consortium has been paid in full. 2. Pursuant to Section 17 of the JPA, the Consortium is hereby dissolved and the JPA is terminated. 3. This Resolution shall not be effective unless adopted by two-thirds of the Board of Directors. -1-

10 This Resolution shall become effective upon the date that all remaining assets of the Consortium have been distributed to the Member Cities in accordance with Resolution No ATTEST: Jesse Mays, Secretary City of Culver City APPROVED and ADOPTED this day of, 2018., Chair