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CC RESOLUTION 2667�J
•
I I P f)
RESOLUTION NO. 2667
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO APPROVING AND GIVING
EXPRESS CONSENT TO THE ADOPTION OF
CERTAIN BY -LAWS FOR THE SOUTH BAY RE-
GIONAL PUBLIC COMMUNICATIONS AUTHORITY
WHEREAS, the Cities of El Segundo, Gardena, Hawthorne, Hrmosa
Beach, Manhattan Beach, Palos Verdes Estates and Redondo Beach have
heretofore entered into and executed a Joint Powers Agreement for the
creation of the South Bay Regional Public Communications Authority
(hereinafter "Authority") pursuant to the provisions of Title 1, Division 7,
Chapter 5 of the Government Code of the State of California; and
WHEREAS, Section 5 of said Joint Powers Agreement provides that
the Authority shall be subject to, and shall be governed by those certain
By -.laws thereinafter adopted by the unanimous express consent of all of
the public agencies which are members of said Authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA. DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Said City Council does hereby approve and give its
express consent to the adoption of those certain By -laws attached hereto,
marked Exhibit "Ai", and incorporated herein by this reference, as the
By -laws for said Authority.
SECTION 2. This Resolution shall become effective, and said
By -laws shall take effect, immediately upon the adoption of a similar
Resolution approving said By -.laws by each of the other public agencies
which are members of the Authority as hereinabove named.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution.
APPROVED and ADOPTED this 16th day of December
1975.
Mayor
ATTEST:
II
City Clerk
i
(SEAL)
_ •... .. ... .•..^••. r.- rwe.wc+oaiwr..ua'sr:M. ' 4N .W
7 'gwu.+.9ar yif ..ww».. .., :'was u x F •:. ^ ;
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i
EXHIBIT "All
t _
i
BYLAWS
SoUrH BAY REGIONAL PUBLIC COMMUNICATIONS AL'THORIT�
PREA14BLE
3
The South. Bay Regioria l Public COmmuaicztions Authority.
�b�����,��.n:� �,� `3uthorz.ty► :) is an agency g nay Voluntarily established
by �; l blic agencies signato' to the Jo*nt Powers Agreement
�t �:�����:,���� hereto h �r ��
0
.a.erne►r agoies prsurt to the
-se of Powers Act of the Gover��naent
I;
w o � lr - ode of- the State
:or��� >.a for the
Purpose Of pr'+ovidin - a forum rum. for discussion
s t ud,yr drvelc: mcent
, implementation , oper tio� and ma .nte
Hance of
'Y n .i ate regional public safety
se icy s communi ations
,;sys,te for the mutual benefit of the membership. A substantial-,
—2ti n of s a Wthority is to rca d
p e a computerized cr:.na.l
iformatiaxx system dedicated to ��r os e
to �' p s related. solely
the 41 ministration of criminal just-
Ice and, tlhe for such purposes ,
ty is a. criminal justice system.
i
ARTICLE I
FUNCTION
The functions of the Authority are:
A. To enter into contracts
8 To employ agents and employees
To acquire, bold and dispose of property, real, and
..� :n
To acquire, construct, manes ,� operate, g , anal maintain
c::'.'k.,y building, portion thereof for the ur os
�" P es of carrying
out the functions of the Authority.
E. To incur debts, liabilities and
obligations for the
pur•pose of carrying out the functions of the Authority horny.
f
F
.i
4
'�
1 7J Qjy y■
f
3 f 4q.
ARTICLE II
1r' AO
Am Any public agency is eligible fo r membership in the
Authorj�ty;
._._..
�
Be, -Membership aSh.fi.p obi h+Rl1. be contingent
r.�.nt u � pan the execution of
the •To3.Tit Powers Agreement i:rea.tl.n; and es tG3i.7.Lir^Rhl.1.Lg this
Authority (hereinafter "Ag �, iT :.
�'eem,�nt ) and the
payment by each
`
such member agency of all assessments
ssessmen is and costs
as
specified herein,
C* Subsequent to the effective date of said Agreement�
any public agency wishing membership in the Authority ty shall be
ad it test. only upon the majority vote of the total membership
of the Board of Dlr'ectors • The •
Board �f Directors may, by
'
a .
similar. vote, impose conditions governing •
g ng; the admission of
such new... members in addition to the terms,- casts, and assess
c ent charges as specified in the Agreement or B --
y Lawsr
An
revenue i3erived from the imposition of such conditions
_shall
be apportioned among the then existing members by an advance
payment credit in proportion to the respective ca sh contribu-
tions of each of said members to the Auth i
o�'lty t o date.
ARTICLE III
BOARD OF DIRECTORS
A• A Board of Directors is hereby established y stabiished far this
Authority,.
B • Representation on the Board of Directors shall be
as
follows:
-. The membership of the Board of Directors shall
be composed of one representative from each merxtber,
agency
of the Authority
I,�
a � �
,
f
2- Only the official representative or designated
alternate representative from each member agency, y, as
�
hereinafter provided, shall, represent pr sent such member
agency
on the Board of Directors, - -
3. The official representative and alternate
re pre
x
sentAtive from each member agency shall...be members of the
legislative body of each such agency, The legislative
body of each member agency shall designate • �n writing to
-
th(W Authority the names of the official re resent -
p at.ve and
the alternate representative to the Board of Directors.
Such notice of designation shall include the mailing
ling
address of the persons so appointed, The names and
addresses shown on such notice shall, be used as the offi-
_
ciao mailing roster for the purpose of
P giving any notices
regUi.red by this Agreement orb these �`�c
y e S B y w° ,�, �dM s� a -
4. Aax official representative or altm rn.at e reps e.
senilative
shall serve until a succ esso. is appointed pp Inted y
the
respect * ve member agency,
9 except t i f an g
official
F
r r
sent;ati.ve
or alternate representative ® ceases to be
member
of the legislative body of the a o*n.t • a member
PP zxx
- -.
agency,
in which case the seat of the official representa-
tive
or alternate representative shall be vacant until
a
successor
is appointed.
5. The Executive Director and the Chairperson p rson of
the
xecutive Committee and the Chairperson P of the
Techr
i.cal Committee shall be ex- officio members of the
Board
of Directors.
C.
Board Officers
1. The Board of Directors shall, elect f rom among
the membership
of the official representatives p xves of said
3
14;� C
,9
Board) a Chairperson and a Vice -Chair arson
p The
Executive
}
Director of the Authority shall aura- matica lly be the
Secretary of the Board of Directors
2. Officers of the ]hoard of Directors _
is shall. be
elected at the first meeting of said Boa rd and-at the
first regular meeti
k
r
Zembers
of said Board. The annual me
_ etin of the .�he Board
$
a,ll be the Nast regular scheduled •
3' led meeting pr ©r to
March 1 of each year at which meeting he Boa oarci shall
consider and adopt the annual budget for-the Authority
fo jthe following fiscal year.
2. Notice of regular meetings shah. be gi • ven � ©
'representative
_
t��e officia:� ve and alternate -
repres ertat �.ve
of each member agency at least fifteen 1 °
5} days
prior to a
sulc'h: meeting. An agenda =
g for each such meeting shall
_.
ac-
co p
ny the Y1oti ce; however, regular meetings shall not
-
be' limited
to the matters set forth. in such agenda
3. Notice of special meetings shall be g'
g Iven to
this
official representative and alternate representative
of
� etch
member agency in the manner specified by the
Coyernment
Code of the State of California �n agenda
gv �7f�y1
�p`"'`M
�f�.7.n
�y the
the sub ° • °
g ,sect of the special meeting shall a.c-
coupany
the notice -
a
i
- he date, time and location of spec* mee tings
of
he
Board of Directors shall be determined by y he
Chair
erson of the Board of Directors. Regular g lar and
Special
meetings shall _ b_ e held only within the corporate
to
j uw
siction
of any of the member agencies.
E.
Voting
in the Board of Directors shall be conducted .
in the fc
1
owing manner
. Each public agency the a
g y t is a member of
the
jthority shall be entitled to one vote on
the
card
of Directors. Such votes shall be cast
ortly
by. the official representative in actual
attendance,
or by the designated alternate re r
P e
senta
t�ve if the official representative i
s absent..
I.
¢x
No proxy votes or absentee voting shall ll be permitted..
20 A quorum of the Board of Directors shad
c
on i of representation of a majorit of
y the member
agencies
and the Board shall act only upon a ma j ority
vote
of the tote -
l membership of the-Authority. - Resolu-
tions
increasing or decreasing �
ng thL bud get or
amending
the
By -Laws require ten . (10) days rior not
Lice to all
m
tuber agencies before a vote may be taken.
3. voting may be either by voice or roll call
vote.
A roll call vote shall be conducted upon
p the
.
rc
est of any representative present.
F.
Board Rules.
I. The Board shall establish rules governing its
�
4
0w.
conduct ct and procedures, and shall have such
express
or
implied
authority as is not inconsistent with or con- -
tr=
ry to the laws of the State of California the Agree-
ment
or these By -Laws .
2 . No one serving on the Board shall rec e ive any
salary
or compensation from the Authority for attending
any
nIemeting of the Board, r except t
p o � e�.mburse reasonable
and
necessary expenses ' as may be approved b
p y the Board.. -
ARTICLE Iv
POWERS AND DUTIES DP THE BOARD
A.
The
Board of - Director s is hereby designated as the -
gove.rning
body
of the Authority and shall have the
duties set
powers and
,forth in this Article,
B.
The Board shall take such action as it deems
sary and
neces-
propriate to accomplish p sh the general purposes of the
organizat;to
including the establishing of mobile °bile digital
and radio
i
y..
.! .
Y
Alk commur- ications system; establishing of11911" service estab-
_'ishin.g the requisite data processing and information system*
engaging in the development and implementation of the nece --
s
sar programs thereto, acquiring any necessary site; maintain -�
�' P g' _
ing any system for communications and for the handling of data
processing and management information. Any of the foregoing
activities, or any other activities authorized by the Agree-
ment or, these By -Laws, may be accomplished by entering into
r coAlUrac:ts', leases or other agreements whenever the Board skull
deem such to be advisable,
C. Except as oth.ervrise provided in these By- Taws, the
Board shall have full control and management of the affairs
of this Authority, including g the power to make contracts as
it deem:3 necessar to make e w
y effective �.ve any power to be exercised
by this Authority pursuant to the Agreement and these By-Laws
to provide for the prosecution and defense or other particiw -
patian .n actions or proceedings at law in . _
g which �.t may have
an interest; to employ such persons as it deems necessary to
accomplish its duties and powers on a full time, part-time or
consulting basis; to conduct- such research a nd investigatiort
as 'it deems necessary on any matter related to or affecting
the general
g purposes of the organization, to acquire, hold and
dispo =se of property both real and personal as the Board deems.
necessa.°na and to contract for or purchase any necessary
space, materials, supplies,-equipment, machinery and personnel
with one or more member agencies or other parties,
D. The Board, on behalf of the Authority, may acce t
p
contributions ins or donations and may a -
4
y pply for and use grants
or loans of money or other property from the state' or any,
other goNrer'nmental units, or individuals, foundations or
R5
fl
C.
organizations
and may enter into agreements required
� d a.n connec-
tion th°Irewith
and may hold •
ease and dispose of such
moneys or
property in accordance with the terms of the rant
g , dona.ti4ns
loan 1 or agreement relating thereto. However, nothing in this
.
sect lion, should be construed as to reruILre Ithe participation
k
or
r inant ial obligation of any member agency: without the
e xpress
}
rur "itten authorization in the form of a resolution by its .aegis-
l.ative body and only to the extent so authorized.
E.
The Board shall cause an annual independent audit of
_
the books
to be made and shall make an- annul, financial- accounting
and report
in writing to the members as re u *
q red by 'Section f
�'
of the aGov+srnment
bode Its books and records shall be available
for and open
to examination b ' its members rs at all reasonable
times or
as may be required by other Authority agreements.
F.
'The Board shall
l establish the annual budget for the
��
Autho � ti
r t�y
a s provided in these By-Laws.
Go
The Board may create species 1 commissions or sub-
.
I
♦
c omm �t to l♦
The creation
cr ea t ion of special 1 G o s � � on��o. sU i
-Commit tees
Sha11 be b'
.a xau
r _
resolution - -of the .Board and may be cond.ltioned
1
such Mann
3,n
as the Board may deteranine ♦ _
H
R
may
� Board y accumulate and maintain reasonable
working a
ita l reserves and-may-invest and reinvest Finest ftmds riot
currently
eeded for the
purposes of the organization.
Su
Such
investment
and reinvestment shall be in accordance with and
M
,j ect to
the laws applicable le
Pp to the ,
'investment o f public
funds.
- • The
Board shall have t .
h ♦ .
e a�
uth ors t y t o en t
er into con -
tracts Eni3.thll'� one or more of its member agencies for data proCessing
and managemjent information services which are beyond the e basic
services being provided during Phase IV as specified
herein but
which are closely related to public safety operational era p tianala actvl.ti.es ♦.
- 8
M
Members
entering into such arrangements with the Authority shall
11
Y
- e sub j e
Pted to reasonable charges beyond the basic asses sments
otherw:'
ISO
provided herein to cover the cost of development and
performance of said services and shall be the only recipients y p is of
the re cults of said services unless otherwise authorized a _
nd
approved'by the Board and each participating member agency.
y
The Board may provide for any of its employees to be
members of a Retirement system and may make any required er em to
P y
contribution to that organization and any other employer contri _
r
._._... ... _
but Ions y1kch m4liii pr li t i es are authorized or requIired by law
_
..._
to may/.j� e
,
Ke
The Board shall purchase ' and maintain 11 force, public'
liabili.tyl
irsura.nce for the Authority nd its off,
y 3.cers, agents
and employees,
L.
i The- Board may exercise any other power necessar y and
incidental
to the implementation of its owers and duties.
ut ies
M.
,Any representative may, at any meeting- of the Board.
of Direct
rs , propose a subject or subjects for stud y y b the
Authority.�l
N.
The Board shall make all g �. d- ...zs�
y � o decisions �.cons ;and deter --
minati,ons !,
for the Authority.
.40
Any representative who desires to propose any policy
matter fol!
determination by the Board of Directors sha.i submit
the xtatter!
to the Executive Committee in the form of a ro
p peed
resolut10
prior to the regular meeting of the Beard, of Directors
at which s�sch
matter will be considered, The Executive Comm*
shall consider
each such resolution and submit its re •
c ©r�nendat ions
for action
to the Board of Directors . A copy of each such pro-,
posed resol
cation together with the Executive Committee's recom-
mendati
action of the Executive Committee which has been taken between
meetings, of the Board of Directors.
Q'. Each year at its annual meeting
the Board of Directors
shall retriew the proposed budget and assessment s chedule sub.
m itted b! the Executive Committee and shall adopt. an annual
budget a�,d, an assessment ent schedule.
R. The Board of Directors shall fix the salary of all
em ol oyee,� 01" the Authority2'including the Executive Dierector,
and shall have the authority to create or abolish emn
I n
Pos itiont, within the- Authorit
Y
ARTICLE V
EUCUTIVY COMMITTEE
A. An Executive Committee is hereby establ
ished for this
Auth pia it
Y I
B. 'Representation on the Executive Committe"e shall be
Ir
as folUjwso
1. The membership of the Executive COMM11ttee shall
be composed of-- one representative from each meaffier agency
of th: a Authority. The City Manager or Chief n
Adm* istra ive
i
Officer to each member agency shall be the off'
cial repre.
slelitatiVe to the Executive Committee.
The Chair erson
p
and.
Vice-:Chairperson of the Technical COmmittee,, and the
Ezleca- ive Director, shall be non-voting ex-'Officio members
of the' Executive Committee.
iI- The official representative may • appoint an alter-
nate 'representative to the Executive Committee
bY giving
WItte notice to the Authority of the name of such alter-
nate r presentative. Such notice of designation shall
10
r �
-
Y
F
include
the mailing address of the official re res entative
and
the alternate so appointed. The names and addresses
shon on such notice shall be used as the official mailing
rost'I,er for the purpose of gIVIng any notices required by
this Agreement or by these By-Laws.
I
3. An official representative or .,! xe.
' al- terna to re 7�
r
sentative shall serve until a successor is a PP ointe by
the respective member agency, except if an official re
� �r�'�
sent otive ceases to be the Chief Administra tive Officer
or the alternate representative ceases to be an employee
of the member agency, in which case the seat of the off . -
ci.al representative or alternate representative shall he
vacant
until a successor is appointed.
C.
jExecutive Committee Officers..
1. The Executive Committee shall elect from among
the , membership
of the official representati ves of said
F
Committee,
a Chairperson and a Vice-Chairperson.
Officers_ of the Executive Committee shall �h,all be
elect
d at the first meeting of the Executi: e Committee
and at
the first regular meeting on or after July 1 of
each___
ear thereafter. Said . election shall 'be the first
Item Of
business at said meetings and the newly elected
officers
shall assume office immediately following their
election.
A vacancy hall i - .
y immediately occur in the office,
of any
officer upon the resignation, death or disability
of the,
person holding such office, or in the event that
an officer
ceases to be an official representative of a
member)
agency. The Conun.ittee shall fill such vacancy in
i -
I
x
. .
i`
0
!y
s:c
ordance with the provisions of these By-Laws.
4. The Ch -
a�.rperson shall preside at all meetings
of
the Executive ive Committee. The dice -- Chairperson shall
act
as Chairperson in the absence of the
e Chairperson. In
the
1, absence of both the Chairperson and Vice-Chairperson
an Acting
Cha-
irperson would be selected from
o.
f
among tie
/cial re
�
resenta
P t eve s r
p went.,
5 • A recording secretary shall be " -a ppo int ed by the
- � _
rt
h.a. � 'rperson from the project staff and shah. fee a
of ill
p record
proceedings of the Executive Comuittee.
,...
Do
e..t.ings .
! V
y
1, Regular public meetings g of the Executive Committee
shall
be held bi- months. at regular y a regular date, time and place..
established
by resolution of the Committee
pursuant to the
provisions
of Section 54954 of the Government Code.. Special
meet'ngs
of the Executive Committee may be called by its
Chairperson
or by the written request of a majority of the
membe
rs of said Committee.
�. Notice of regular meetings sna -. p be g-.veno the
official
representative and alternate representative of
each
member agency a
_ - -_ g ._ y t _ least five (5 ) days prior to such
tneeti `ng•
An agenda for each such meeting
�, shall accompany
the ntice;
however, meetings regular g tinge shall not be limited
tO t:h
matters set forth in such agenda.
Notice of special meetings shall ll be given to
the of
�iicial representative and alternate representative
•
of each
member agency n the manner specified
enc i by the
Govern
ent Code of the State of California.- ornia. An agenda..
•
I
specifying the subject of the meeting special '
p shall
accompany the notice.
4. The date, time and location of all special
meetings shah, be determined by the Chairperson of the
Executive_- Committee. Regular and special l _ meetings shall
�
be held only within the corporate .0 rlsdictic►n
.� of arl of
the member agencies.
E. Noting in the Executive Committee shall
b e conduct ed
in the following manner;
l . Each public agency that is a member of the
Authority shall be entitled to one vote on the Executive
Committee. Such vote shall be cast only by the official
representatives in actual attendance or by the designated
alternate representative if the official representative
p sentative
is absent. No proxy votes or absentee voti ' ng shall be
permitted.
2. A quorum of the Executive Cori tree shall
con-
sist of representation of a majority of the ember
agencies,
and the Committee shall act only u�o�� a
p ,ority vote of
the total membership of the Authori.t y
- --
• Voting may be either by voice car roll call vote.
A roll call shall be conducted upon the y e up 7 t �pw any
o i. t�n y
representative elit res jr
p ,
Executive Committees Rules.
1. The Executive Committee shad establish rules
governing its own conduct and procedures and
r have such
express or implied authority as is not inconsistent ent with
or contrary to the laws of the State of California. rn3.a, the
Agreement, or the By-Laws.
2 No one serving on the Executive Comm�. • ttee shall
receive any salary or compensation from the Authority' for
i
-- 13
i
r
attending any meeting of such Committee except to re-
imburse reasonable and necessary expenses as may be
approved by the Board of Directors.
ARTI CE VI
POWERS _ AND DUTIES OF THE EXECUTIVE COQ T T EE
XM�..
A. The powers and duties of the. Executive Commzttee shall
iric lrxde the powers set forth in this Article.
y
B. The Executive C .,
Committee shall implement the programs
_
_
and cond uct the affairs of-the Authorit -
y in accordance with the
Policy established by the Board of Directors ,
C The Executive Committee sha 11 review and may revise,
amend, increase or decrease the proposed annual, budget as
pre-.
pared by the Executive Director. Each ear the
. y proposed budget,
,.
,and the aissessment schedule for member agencies based upon such
proposed budget, as approved by the Executive Committee shall
be sub m3. t ed to members of the Board. of Directors at least
thirty ('30) days before the annual meeting. After adoption
the annual budget and assessment schedule by the Board. of
Directors, the Executive Committee shall control all expendl.tures
in accordance with such budget.
. Y The Executive Committee shall have power to trans-
fer ftinds
within the total 'budget amount in order to..rueet .
un;ant
cipated needs or changed situations in accordance
with tbe
provisions of State law, Such action shall be
reported
to the Board of Directors at its next regular
g r
meeting.
2.
At each annual meeting of the Board of Dire ctors
the Executive
Committee shall report all budget and financial
transa, bons since the previous annual meet* . At
g e�, ey
... 1 --
u. 1�► t.
e
d
,
a
regular meeting which is not an annual meeting, a summary .
report of budget and financial transactions shall be pre-
sented to the Board,
D. The Executive Commit ece shall submit a full report
of its a^ta.va.tes at each regular meeting of the Board of
Directors',
E. , The Executive Committee shall have the authority to
appoint and remove the Executive Director of the Authority.
The Executive Cn=ittee shall have the power to
appoint subcommittees to study specific problems, programs or
other matters which the Executive Committee or Beard of Direc-
a
tors
has approved f or study.
9
_
C. Recommendations from representatives or Subcommittees
omm3.
involving, pcslicy decisions .shall. be considered by the Executive
cowmittee and, if approved, shall be forwarded to the Board of
Directors in the form of a. resolutions together .with tie Com�.
mittee's. recommendation, for determination by the Board.
ARTICLE VII
TECHNICAL COMMITTEE
A.- Technical _Cormmittee- - -is hereby established for this
Authorit; ,
B. �epresentation on the Technical Committee shall be
as fol.;low
• The membership of the Technical .Committee shall.
be Composed
of two representatives from each member agency
g y
0
of the Authority.
Only the official representatives or designated
alternate representatives from each member agency, as
15
a
hereinafter provided, shah represent such member agency
y
ia:i the Technical Committee.
3. The official, representatives froze each member
er
agency shall be the Fire Chief and Police Chief of such
member agency. The Executive Director shall be an ex-
ff member of the Technical Committee.
n s
4. The 'Fire Chief and Police Chief of each member
agency shall designate in writing to the A4 h ori y
413E A
;Cite of their respective alternate representatives to
the
ie�chnical Committee. Such notice of designation eS 12atitJn shall
include the mailing address of the official representat
,ve
azad alternate representative so appointed. The names and
addrOs s es shown on such notice shall be used as the offi.-
cicel roster 'mailing n for the purpose of giving any notices
required by this Agreement or by these By-Laws.
5. An official representative or alternate repre-
sentative shall serve until a successor is appointed
a
,
except if an official. representative or alternate re p re-
s enta ' ttive ce .ases to be an employee of the appointing
g
merdIber agency, in which case the seat of the official
representative or alternate representative shah, be
vacant until a successor is appointed.
C Technical Committee officers;
.. The Technical Committee shall elect from a
: mong
the membership of the official representatives of said
Comp l';Lttee, a Chairperson and a Vice-Chairperson a The
Vice- Chairperson shall not be a member of the same ub
p lic
safety, service as the Chairperson of such Committee,
2I!. Officers of Technical the r
h .. cal Cozzm ittee shall be
elected at the first meeting of the Committee and at the
i, � 16
. 3
5
first regular meeting o a -
g � on after July l of each year
r
ther0after. Said election shall be the first item of
business at said meetings and the nearly elected officers
shall assume office immediately followin g elec tion.
their el t �on.
3. A vacancy shall immediately occur in the office
Of any officer upon the resignation death o -
r disability
�
of the p ers on holding such office , or in n the event that
an officer ceases to be an official representati ve of a
member agency. The Committee shall fill such Nra.canc in
y
accordance with the provis ions of these By -:saws
The Chairperson shall preside . at all meetings
of the
'technical Committee- The Nice- Chairperson shall
act a�
Chairperson in the absence of the Chairperson.
, r .
A recording secretary shall be appointed by the
Chair
' erson and shall keep a record of all proceedings of
the Technical
Committee.
D. I%eetingsr
1
. Regular public meetings of the Technical Com-
mittee
shall be held monthly at a regular re a date. „ time. and
place
(established by resolution of the Committee p ursuant
to the
provisions of Sec �
Section 5-�954 of the Government Code
Special
meetings of the Technical Committee may be called
by its
Chairperson or by the written request of a ma3 `ori.t.
�
of the,
members of said Committee.
2
� Notice of regular meetings shall be �v
g given to the
official
representatives and alternate representatives 'of
each member
agency at least fire (5) days prior to such
meetIM
An agenda for each such meeting shall accompany
the notice;
however, regular meetings shall not be limited
to the
;matters set forth in such agenda.
r,
3
R
Y
6
d
w
-
3, Notice of special meetings shall be
>
thlle
given to
official representatives and alternate
�
{o f,l
representatives
each member
agency in the manner specified p ied by the
GOO
I ernment Code of the State of California. An
agenda
specifying
the subject of the special meeting shall
Z!.c�ompany
the notice.
4. The date, time and location o all special.
�
m.eetin,gs
shall be determined by the Chairperson
irperson
�
Co
of the
ittee, Regular and special meetings s
g ha l l be held
only
within ,the corporate p jurisdiction of any of the
member
agenca.es .
.
Voting in the Technical Commit tee shall be
in the f
conducted
flowing manner:
i
l . Each public agency that is a member of the
Authority
shall be entitled to one vote for each of its
repr
sentatives present at such meeting. Each
g
be -c
vote shall
st only by the official
representative _. _ P tative iii actual
attendance,
or by the deswgrzated alternate l
if such
re presentat ive
official
representative is a bsent. No proxy,, votes
or absentee
voting shall be permitted,
• A quorum of the Technical Comrnittee shall, consist
of representation
by at least one of t he representatives
frojrn
a majority of the member agencies, , and the Committee
shall
act only upon a majority vote. of the total memibersha.p
of the
authority,
y voting may be either by voice-or r oll. call _
voter
_ A Noll
call shall be conducted upon the request of any
rep-resentative
present.
F. Rules
of the Technical Committee
l
The Technical Committee shall establish rules
govern
ng its own conduct and procedures, and
have such
expres
or implied authority as is not inconsistent onszstent- with
18
.� ,4V
0.b
or contrary to the laws of the State of California, the
Agreement, or the By- -Laws, including the power to estab-
lish and maintain subcommittees.
2. No one serving on the Technical Committee shall
receive any salary or compensation from the Authority for
attending any meeting .of such Committee, except to reimburse
reasonable and necessary expenses as maybe approved b
r y
k the Board of ' ]Directors .
ARTl CLE VIII
o POWER AND DUTIES OF THE TECHNICAL. COMMITTEE
A. the powers and duties of the Technical, Committee shall,
include the powers set forth in this Article.
B. The Technical Committee shall provide technical aad
operational expertise on issues as they relate to Authority goals
and objectives. _
C. The Technical Committee shall review and mediate any
_ grievance or dispute relating to any technical operation, im-
pacting upon the existing level of-communications dispatch
service or related function brought before the C©rittee by the
Executive Director and shall provide recommendations for resolu
titan of such issues to the Executive Director provided, however,
that any party may appeal the decision of the Executive Director
by filing a written appeal with the Executive Director within
five (5) days following such decision. The review and decision
of the E- ecutive Committee shall be final
D. Following receipt of recommendations of the Technical
Committee and the Executive Director, the Executive Committee
shall review and approve:
1. Any modification of communications equipment.
- 19 -
i
.,
2. All bid specifications for the purchase of al
{
c►
unications equipment prior to issuance
3. Any modification to communications cat �.ons eSi pment by
member agencies.
ARTICLE IX
�
EXECUTIVE DIRECTOR - _
A*
The Executive •
Director shall be the Chief Admi.nistrat t
3.ve
Officer o
the Authority and shell be appointed
Pp ted bY and
_
the pleasure
, serve at
of, . the Executive Committee.
. B
The Execut iv e Director shall receive such
}
compensation
as may be
fixed b the Board •
y of Directors.
C.
_
the powers and duties of the Exectt • ive Director
are
Subject to �- the au .horitys, of the Board of Directors
and the
Executive Committee as provided in these By-La ws
to administer
�
the affairs of jj, �{� r -
t.Lle �u�iJ�oi. �;,ty w
2�
. To appoint, direct , discipline,
demo fi e and,
all On
, remove
ve
. ogees of the Authority.
3l
To annually prepare and present R proposed W L Leb
to the
Executive Committee and to Control the approved
budget
1
To _serve as Secretar y of the Board o
- Directors
of the
'Authority.
5.
To attend the meetings of the, he Board. of Directors.,
E ecuti
a Committee, and Technical, Committee.
16.
� To :review joint 1 with y t h the Technical Committee
all bid
specifications for the purchase of all
communica-
I...
tions equipment
-
prior to issuance and equipment
uo di w
Ica'
dons b
member agencies
To perform such other duties as may be uthorized
by these
By -Laws or as may be required , y q m.red by the ..Board. of
Directors or Executive Committee,
-- 20 -
� a
3
4 y
t
a
.k
jjJ {J. ARTICLE
FINANCES
A. Fiscal Yes!r. The fiscal.
ear of
y the Authority shall
begin Jully l of each year. If more that fifty - -
percent (SCE %)
of the fi
'trances for the Authority during
g try ewe ve (12) month
Period ,ire provided by grant funds t •
he fiscal year may bei''3,
mod"
Zf:.ed-y the Board of Directors, to coincide with the contract
period cif such grant.
B& -Budget Submis s icy
G %,rid AdootLon. She Authority budget
for the fallowing fiscal year shall be submitted by the Executive
Director to the Executive Committee on or before*
�. January I of
each year.l
The Executive Committee shall adopt a tentative
� budget on or before February 1 of
.� �' each year and forward the
same to the Board of Directors for review°
The Board of Direc-
tors s all adopt the annual budget :for the Authority { y not later
than MArch ' l of each year. The annual budget shall
include
the r ecew ►s funds with which the Authority hall -
y obtain. and
+CA .L31 1.76.3.1 irY wrrr�!� 4 "
r�n s_ compensation insprancei liability insurance,
and other such insurance as deemed necessary b the Board rd of
Directors t6 fully protect the Authority and each of the e me► er
agencies :. --Said insurance 3�a
nce . shall be obtained and mantes
fined in
forge at all times during he effective tzve berm of this Agreement:.
C. yoKl = MembQrshi Assessment.
Each year concurrent
with the adoption of the annual budget the Board of Directors
shall fix m4mbership assessments for all member agencies in the
amounts stiff 4clent to provide t he funds r ecuzre3 by the budget
and shall ad vise the legislative "
g ive body of each member agency
thereof on o before April l of each year. Said assessments
sb4all be duel and payable to the Aut `
horzty by each member agency
'( f
z,
Prio�° to October l of each ear. I
y f any member mercy fails
to pay its entire- .assessment prior to the in fore o
g date,
such
a.gerzcy,, 119ha11 be .deemed in default for the
u
P rposes of Paragraph
"Ell
hereof
The amount of each member agency's assess
_ y went shall be
aet erm.~► ,ne d in accordance with the formula set forth
in Paragraph
D hereof.
w�-
D o iMethod of Assessment.
,N
_
I � • Assessments to be paid by the member a,gerc.ies
�
for and
during that certain period known as '1 ,T
Phase
as set
forth in Exhibit 1 ►A'@ attached hereto, o, shall
spore o
corre-
to the following schedule:
El Segundo.
16.39% Manhattan Beach: . tI1 ri,f
12 . ! .f IO
Gardena,
.
14.57% Palos Verdes • Estate
s • 6.65%
1wth
me : Q
19.96 /p Redondo' Beach: 22,92%
lllermo�a
Beach: 6.72°
Each
f the above percentages shall. automaa `
automat be adjusted
Itlonatel
_
S/�;
prop
�'
,qy
t© i
y reflect and Incorporate the
percentage
-__ assessment
required of any new member agenc y ,. or the with. -
drawall'�
or termination of an y member agency.
2
Computation of assessments to be a-
p �.d by, the member
agencx.
s.. for and during that certain period known as "Phase
I V11 ds
set fort h in Exhibit "All
attached hereto, and
times
at all_
' ereafter for the �
operat.on and maintenance of the
Auth.or�ty,
shall be made as f
�l) Expenditures made and indebted Hess
� incurred by the Authority relatf
ing to those
services associated with central he cen •
t.
. dispatch
activities for the first ca lendar° ear
Y of said
.. 22
n'
i
"Phase 1V" period shall be divided
among the
member agencies on the following percentage.
basis:
0 f:.g u9..idhl a
15.43%
Manhattan Beach:
1.47°
�' �.~°den:.: 15.55 %
Palos Verdes
, Estates:
xa'home: 5.99%
18.78% Redonda Beach:
2.1.75%
f1ermosa r
Beach: a
(2) Thereafter, during "Phase IV" said
- _ -
indebtedness shall be divided among the member
agencies in accordance with the following
weighted formula for each member agency: en
c.
system utilization, 30% Population, and 30%
assessed valuation.
b • Cate cry 2 Charges , Expenditures made
and indebtedness incurred by the .Authority relatt
ing
to those services which benefit all c' •
_tizens of the.
{
member agencies, as-determined by the Beard of
- _
Directors, shall be shared by all, mem'aer agencies
- -- genci,es
in accordance with the weighted formula �.mula set forth .
in paragraph 2a(2) above,
C. Ca —..t. ory 3 Charges. Expendl tures tad
nd indebtedness incurred by the Authority relating
to special equipment and services requested q ed by an
individual member agency for use by its Own public
safety
services shall be paid entirely by such
:ember agency-
d. Ca2©ry 4 Char s?es. Expenditures P ayes made .
and
indebtedness incurred by the Authority relating
to
the answering of incoming emergency g Y t e lephone
.
calls
and the transferring of such ca lls for the
W 23
I
It
E
•
F., p,177717
Purpose of dispatching by another non-member Agency
Shall be. divided among the non-member Agency and the
member . ' agencies in the manner established by the
Board Of Directors.
Notwithstandi-LLg Any other Provision hereof, the
relative assessment percentages of the seven original
member agenci . es shall remain the same duri.
ng the in:�Zial
five year t I erm, of the Joint Powers Agreement unless modi-
f . ied by the unanimous consent of said ` original member
agencies
Notwithstanding any other provision hereof-
this paragraph Shall be amended only upon the urn
animous
c ol 'isent of the seven original member agencies
i
E. Default
:ions. Notwithstand
ing any other
provision of the Agreement or the By-Laws to
the contrary,
an
of ficla -I representative or alternative represen . tative from any
member Agency to the Board of Directorsy Executive
Committee
3.
Techn'ic
al'Committee, or any other Board or Committee of the
Authority 'as may be established, shall not be eligible to vote
on any matter before such Board or Committee during any period
that such member agency
is in default on any financial, obliga.-
tion to the Authority. During the existence of such default,
such-representative shall
-not
_be. -counted as a meMber, of any
such Board 1, or Committee for
'purposes of determining a quorum
or any requisite vote required pursuant to any provi'sion. of
n
these By-.L4ws. After the initial five 5) year mandatory term
ve
of members
hip as provided in the Agreement and these By Laws
a member agency remains in' default on any obligat-
ion to the
Authority for a period of more than ninety consecutive days
thereafter I, the membership of
such agency shall automatically
be terminated.
The Authority shall have the power to commence an action,
in its own
tame against any member agency
in default to recover
the amount:
Of the obligation due to the Authority hereunder.
24
•
- 25 -
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a
/
!!
Treasurer and Controller. The Treasurer r asurer and the
�
Director of Finance of the City f El
.� Segundo are hereby
designated and shall serve as the Treasure r and the Controller,
respectively, of the Authority. Said Treasurer and Controller
shall hate the powers and duties as set forth in Sections 6505 -
and 6505, , 5 of . the Government Code, any other _ ro
p vzsZOn of State
law,. t`he Agreement , these By-Laws, or as may �,
Y e es tab lisbd by
the Btu< o� Di rectprs . Thes, City CfltIClI of the City of
El Segundo shall determine and establish reasonable charges. to _
be made against the Authority for the services of said Treasurer
y
and Cor troller.
` hpre shall be a strict accountability of all funds of the
I�
Author �.t y, and a report of all receipts and disbursements
R
as
required by Section 6505 of the Government Code
G. P'roerty Custodian. The Board ofDirectors shall,
by reso:Lu ion, designate the public officer
�. s or persons who
have chocirge of, handle, or have access to a _
any property of the
Authority and shall require such public of n
flcers
or persons to
file an official bond in an amount t o b e f fixed b a s iet
_ _ _ Y resolution.,
He lndemn,ficaton of Fort Liabilit -. Pursuant to Sect*
Ion
895 et seq.
of the Government Code of the State of Galiforn*.a,
�
each rem e
_ _
r agency shall be liable for any debts and 1. .
abili ties
imposed by
law upon any one or more of the member agencies
e� cies for
injury caused
L
by a negligent or wrongful act or omission
occurring
in the performance
of this Agreement in the same proportions as
specified for
membership assessments set forth-in Paragraph rrDrr
of . Artic l.e
X hereof . To achieve such ur on
p p se, each member
agency hereby
indemnifies and holds harmless the
,� other member
agencies for
any loss, cast or expense that may be
Y imposed upon
such other
nember agencies in excess of such Pro -ra .
� to l��ablity�
The rules f
r interpreting Agreement of indemnity as set forth
in Section
77$ of the Civil Code are hereby made a part of
these By-Lars.
•
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yP
ARTICLE XI
_ EQUM ENT AND OPERATIONS
A. Emergency Call Recei,vin Ds etch and O
. eratioxts
Cep_. Site. The Emergence Call Receiving, Dispatch and d Opera.
tons Center Site (hereinafter "Operations Center" ) shall
_ pro �
vide all emergency call receiving and dispatch services to
H
member agencies 24 hours a day, every day of the year,
1. O eratians Center Location. The Operations
F
Center shall be located at the Redonda Beach Police
Department basement.
2. Operations Center Access. Access to the Opera
ra-
t-ions Center shall be r '
p ov�.ded equally to all member -
agencies and shall be under the control of the Executive
Director.
30 Public safety personnel employed by any member
agency shall not be utilized or employed f'or- the P erfor-
nuance of any functions, duties or services in the Opera.
tions' Center nor shall any employee of the Authority be
a public safety employee as defined by any provision of
state' lava.
B. Title of Equipment. The Auth ority shall h '
old title
to, and have care, custody and. control of all equipment p u,r...
chased b;7 the Authority other than any equipment specifically
p y
allocated to an individual member agency.
Ca _.` 'uipment Installation and Maintenance. The Authority
orzty
shall furnish a. licensed supervising technician who shall I ho 1cI
a valid 1:irst -class radio telephone license issued b y the
Federal Communications Commission and who shall... supervise all
equIlpment installation and maintenance.. However nothing in
this Agreement shall authorize or require the Author it y to
.� 26 _
:i nsta .l or maintain any equipment of any nature or kind, in
�
vehicles, buildings, or
gs, premises not owned by or under lease
to and under full -time control of any member agency.
g y
D. Equipment Purchases.
y`
I. All costs for the purchase of equipment material `
t
apparatus, and parts required for use by _the Authori °� y, or
all member agencies thereof shall be purchased by the
Authority nd assessed .�
y proportionally assessed �.o the member
.__.
a rrenci�.s
�r pursuant to the provisions of these By-Laws
2. All costs for the purchase of equi went material,
apparatus, and art
p s required or desired for the use of one
agency or less than all of the member agencies shall be
borne by, and at the sole expense of, said agency 'or
agencies. In purchasing equipment, each agency agrees to
conform to the established communications systems and
operations presently in effect. Bid specifications for
Police and Fire communications equipment issued b y the
Authority, or- a_ member agency,
, sha 11 be reviewed and
approved by the Executive Director and the Technical
Committee prior to issuances
El -.-Use of Equipment. - All - member agencies agree to use
said. Authority and its communications systems only for such
purposes, and in such spanner S as may be p►ermi.tted, by this
Federal Communications Commission (hereinafter "F. C . C.1'
F. F.C.C. Licenses. F.C.C. licenses held by the member
agencies shall be in the name of the Authority as the :pima
P ry
user, in accordance with the F.C.C. rules and regulations.
Local public safety' services of member agencies shall continue
to hold Radio Base Station licenses, as the secondary user
27 -
I S:
f +i
r fi
or Such frequencies as said member � gencies are licensed
Agreement. The upon
their effectuation of this A a Authorit y upon.
the
with c�rawal of any member agent shall
y� provide, with F,c,C,
cxpproval, the equivalent or better radio frequency spectrum
capability than that which was licensed to said
agency on the
day and slate the agency effected this Agreement,
G. Radio Frequencies . The member agencies _ � g ncies shall �,h.are
:hose certain radio frequencies, as licensed � �a�
by the Federal
l
Communications Commission and as provided by separate
agreement, ..
for the
mutual use of the public safety services of all member
agencies and the Authorit-
y .
Amendment of Article. Notwithstand`
ing any
other pro-
vision of the Agreement 'or these B -Laws
Y to the contrary, no
provision of this Article shall be amended
. except upon the
unanimous consent of the Board of Directors
ARTICLE XII
WITHDRAWAL BY MEMBER AGENCIES
A. Withdrawal. Following the initial f�� ' T e (5)
year
rninirraur� terra of membership as provided 0.n t-
he Agreement,
any,
member agency may - withdraw from membership n the he Authority in
-
the manner �
provided n Paragraph 5 of the Agreement.
B • Assets, ' A member withdrawing from membership at a
time when such withdrawal does not result in dissolution
the Authority, or any member agenc terminated teal from membership
as provided herein, shall forfeit its claim to any assets
of
the Authority. Provided, however, that upon p withdrawal of
any
member or termination of the Authority, the i
equipment ui
q P �� n the
sale possession and use of any member agency shall remain the
property of such agency, and title to said property P y ..small be
passed by the Authority to said agency unless otherwise
pro-
hibited by any law, contract or g rant,
28
ARTICLE xIII
DISSOLUTION
The Authority shall be dissolved whenever a suffic'
�.ent
number of member agencies withdraw or are terminated from the
Authority to reduce the -total number of g
1
agencies to less than three (3) in number. If disso:.utJ6, 2 is
..
necessitated by the Provision of this Section the Board oard of
Directors must notify its . current member agencies of its
-.
i
ti
5;.
!prat so removed from any member agency shall become the ro ert
F P y
of such member agency and the them current market value
. of such
fixtures or improvements shall be credited to such agency g ncy for
purposes of determining ' the distributions to be made hereunder,
ARTICLE XV
C
Z
N
AMENDMENT
R
�
Amendments to these By -Laws may be proposed b � an
� y repre�
t
sentat.ve to the Board of D. rectors ar- by the Executly e Committee.
If proposed by a representative, the amendment shall be submitted
tted
to the .Executive Committee at least ninety 9C l ) days prior to the
regular° meeting of the Board of Directors at which action shall
be tauten thereon. Provided, however, that said nine.t y day period,
or any - portion thereof, may be waived by the Board of Directors
in any emergency, as determined by the Board, by a. vote of at
least two-thirds (2/3) of all member agencies. The Executive
t ive
_
Committee may consider and rake a written recommendation to the
Board of Directors - -- relating to said amendment . Such recommen-
dation shall not be deemed to be required, however prior or to
action by the Board of Directors. Except as othe ise rov-'
F .�_e d ,�,d
herel.n.T amendments to the By-- Laws - shad -I require a rya ority 1,rof-
of the total membership of the Authority.
ARTICLE XVI
EFFECTIVE DATE
Thes By -Laws shall become effective 'Immediatel y upon the
�' o
effective date of the Agreement as therein p rov ded,
- 30 -
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I
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
I, Valerie A. Burrowes City Clerk of the
City of El Segundo, California, DO HEREBY CERTIFY that the
whole number of members of the City Council of the said City
is five; that the foregoing Resolution, being Resolution No. 2667
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City., and attested by the City
Clerk of said City, all at a regular meeting of the said Council
held on the 16th day of December 1975
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Nagle, Rockhold Stephens,
Van Vranken and Mayor Balmer;
NOES: Councilmen None;
A13SENT: Councilmen None.
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 19thday of December 197 5
(SEAL,)
City Clerk
of the City of El Segundo, California
13V
Deputy