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RICHARDS,, WATSON & GERSHON <br /> MEMORANDUM <br /> TO: Mayor and Members of the City Council <br /> FROM: Ariel Pierre Calonne, City Attorney <br /> DATE: June 19 , 1990 Agenda <br /> SUBJECT: Joint Exercise of Powers Agreement Between the City and <br /> the Redevelopment Agency <br /> Under the Joint Powers Act, two or more public agencies <br /> may enter into an agreement to exercise jointly any power common <br /> to the public agencies. Both the City and the Redevelopment <br /> Agency qualify as such public agencies under the Joint Powers <br /> Act. The City and Agency may enter into a joint exercise of <br /> powers agreement and create a separate public entity such as the <br /> Rancho Palos Verdes Improvement Authority. The City Council <br /> would sit as the governing board of the Authority. <br /> The Authority is authorized under the agreement to <br /> maintain landslide abatement improvements in the City. The <br /> ability to maintain improvements is consistent with declarations <br /> by the State Legislature under Article 4 of the Joint Powers Act <br /> which was added to the Act in 1985 to provide a separate mech- <br /> anism to finance public projects. The agreement provides that <br /> not less than ten percent of the -moneys received by either the <br /> Authority, the Agency or the City in connection with the Reim- <br /> bursement and Settlement Agreement must be used for maintenance <br /> of the landslide abatement improvements. The Authority is also <br /> authorized under the agreement to construct landslide abatement <br /> improvements. This does not, of course, require the Authority <br /> to construct those improvements, but if at any time in the future <br /> a determination is made by the Agency to the effect that it would <br /> be desirable for the Authority to do so, the authorization would <br /> already be in place. <br /> Since 1985, many cities throughout the State have <br /> created similar joint powers authorities for other purposes <br /> related to financing public projects. We have recited in the <br /> agreement many of the other provisions of Article 4 of the Act <br /> related to the issuance and sale of bonds by the Authority. We <br /> have -done so not because we anticipate that the Authority will <br /> be issuing bonds in connection with the Reimbursement and Settle- <br /> ment Agreement, but only because it may provide flexibility to <br /> APC:apc (.7! 3 <br /> 0860240 <br />