HomeMy WebLinkAbout1992-071
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RESOLUTION NO. 92-71
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1
TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE INLAND VALLEY DEVELOPMENT AUTHORITY AND RESCINDING
ITS RESOLUTION NO. 91-504 AND CERTAIN PRIOR ACTIONS
TAKEN IN CONNECTION THEREWITH
WHEREAS, the city of San Bernardino, California (the
8 "City"), is a member of the Inland Valley Development Authority
9 (the "Authority") which is a joint powers authority formed by the
10 legislative bodies of its members pursuant to section 6500, et.
11 sea., of the California Government Code; and
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WHEREAS, the Authority was formed for the purpose of
14 determining whether the redevelopment of Norton Air Force Base
15 ("NAFB") and properties adjacent and in proximity thereto is
16 feasible for the purposes of preserving and creating employment
17 opportunities necessitated by the announced closure of NAFB; and
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WHEREAS, the Authority has previously caused the
20 preparation and execution of a certain agreement entitled Amended
21 Joint Exercise of Powers Agreement creating the Inland Valley
22 Development Agency, a copy of which is on file with the City
23 Clerk and which is incorporated herein by this reference; and
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WHEREAS, the Authority has deemed it desirable to cause
26 an amendment to the Amended Joint Exercise of Powers Agreement
27 which amendment is primarily of a technical nature and relates to
28 the administration of the Authority and the voting procedures to
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e followed in connection with the Authority's various activities
nd actions; and
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4 WHEREAS, a copy of the proposed amendment entitled
5 endment No. 1 to Amended Joint Exercise of Powers Agreement
6 ("Amendment NO.1") is attached hereto as Exhibit "A" and
7 'ncorporated herein by this reference; and
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15 WHEREAS, the City has previously approved an alternate
16 of Amendment No. 1 which did not contain all of the
17 hanges requested by the Authority and, accordingly, the city now
18 eems it necessary to rescind its prior approval of the first
19 ersion of Amendment No. 1 which was accomplished pursuant to
20 city Resolution No. 91-504.
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22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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25 SECTION 1. The Council hereby rescinds its prior
26 Resolution No. 91-504 which approved an earlier version of
27 Amendment No. 1 and declares that such Resolution No. 91-504 and
28 II /
WHEREAS, in accordance with the provisions of the
ended Joint Exercise of Powers Agreement, any amendments to The
ended Joint Exercise of Powers Agreement require the approval
f the Members of the Authority and, accordingly, the Authority
as requested that the City approve Amendment No.1; and
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9 SECTION 3. The Mayor and city Clerk are hereby
10 uthorized to execute the Amendment No. 1 to Amended Joint
11 Exercise of Powers Agreement on behalf of the City and take all
12 such other action as may be necessary in order to implement the
13 rovisions of Amendment No. 1 to Amended Joint Exercise of Powers
14 greement.
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17 III
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he action taken pursuant thereto shall be of no further force or
ffect.
SECTION 2. The Council hereby approves Amendment
o. 1 to Amended Joint Exercise of Powers Agreement as attached
ereto as Exhibit "A" and incorporated herein by this reference
ith any such non-substantive changes as may be approved by the
ayor and City Attorney.
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1 ESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED
2 OINT EXERCISE OF POWERS AGREEMENT CREATING THE INLAND VALLEY
EVELOPMENT AUTHORITY AND RESCINDING ITS RESOLUTION NO. 91-504
3 D CERTAIN PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH
4 SECTION 4.
5 its adoption.
This Resolution shall take effect upon
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I HEREBY CERTIFY that the foregoing resolution was duly
8 dopted by the Mayor and Common Council of the city of
9 San Bernardino at a regular
meeting thereof, held on
10 he
11 it:
17th day of
February
, 1992, by the following vote, to
12 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
13 ESTRADA
REILLY
14 HERNANDEZ
UDSLEY
15 MINOR
POPE-LUDLAM
16 MILLER
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C1ty--clerk
19th
The foregoing resolution is
day of Fehrllary
this
24 Approved as to form and legal content:
JAMES F. PENMAN
25 City Attorney
By:
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CSBO\
r --J)/7
..L-~o (, L---Y0~
Y Attorney
m
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EXHIBIT "A"
AMENDMENT NO. 1 TO
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
IVDA;
Airports: NAFB;
Member Cities wIRes;
Agree. 90-128 A-I
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
April 13,1992
FROM:
HARRY M. MAYS
County Administrative Officer
SUBJECT:
AMENDMENT TO JOINT POWERS AGREEMENT FOR
INLAND VALLEY DEVELOPMENT AGENCY (IVDA)
RECOMMENDATION:
Approve Amendment No.1 to the amended Joint Exercise of Powers Agreement creating
the Inland Valley Development Agency.
BACKGROUND:
The IVDA Board has determined the need to amend the JPA agreement to modify the
voting powers of the members of the Agency. The amendment proposes that members
with two votes and three votes shall have two and three Board members, respectively,
each Board member having one vote each. Alternate members may cast one vote in the
absence of the member. Actions of IVDA shall require affirmative action of a majority of
all members. This amendment has been approved by the City Councils of member
agencies.
REVIEW BY OTHERS:
The agreement has been reviewed by County Counsel.
HMM:WOW:II
c: CAD-Walt Wells w/agreement
IVDA w/agreement c/o CAD
City of Colton w/agreement
City of Loma Linda w/agree.
City of San Bernardino w/agr e,
all c/o CAD
Bond Counsel w/agree.c/o CAD
Auditor w/agreement
Purchasing-Contract Complian e
Risk Management
File w/agreement
Action of the Board of Supervisors
AGREEMENT NO. 90-128 A-I (A-I)
14-9507.000
Rev. 10181
mll
F SUPERVISORS
\I'ldF.SANB€ ARDINO
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a Ave
2
Aye Absent Motion
3 4 5
ARD
ITEM 11>
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E New Vendor Code Dept. Contract Number
M Change SC A 90-128 A-I (A-I)
X Cancel CAO
County Department Dept. Orgn. Contractor's License No.
County Administrative Office CAO CAO
County Department Contract Representative Ph. Ext. Amount of Contract
Harry M. Mays 5417
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity [GRC/PROJ/JOB Number
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
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- - - -
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FOR COUNTY US!' ONL Y
,
County of San Barnardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
Inland Valley Development Agency
Birth Date
Federal 10 No. or Social Security No.
Contractor's Representative
Joint Exercise of Powers Aqreement
Address
Phone
Nature of Contract: (Briefly describe the general terms of the contract)
Amendment No. 1 toan~ded Joint Exercise of Powers Agreement
for Inland Valley Development Authority. This amendment alters
membership representation and voting rights for IVDA Board.
(Attach this transmittal to a/l contracts not prepared on the "Standard Contract" form.)
Approved as to legal Form
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r-county c~un$eh '
Date '7/ y, . . '2
.I (
02.12294.000 Rev. 11/90
Reviewed as to Affirmative Action
Reviewed for Processing
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Date
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Agency Administrator/CAD
Date
City of S Bdno Res. 92-71
.
AMENDMENT NO. 1
TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
This Amendment No. 1 is to that certain Amended Joint
Exercise of Powers Agreement ("Amended JPA") dated for convenience
as of February 12, 1990 ("Approval Date"), by and among the city of
San Bernardino, the City of Colton, the City of Lama Linda and the
County of San Bernardino (the "Members").
The Members agree as
follows:
1.
Purpose of Amendment.
Since the Approval Date,
various changes have been deemed desirable to be made to certain
provisions of the Amended JPA, which require certain clarifications
and minor modifications in order to reflect the agreement of the
Members as of the date of this Amendment No. 1.
Except as
specifically amended herein, the terms and conditions of the
Amended JPA remain in full force and effect, except to the extent
necessary to conform to the amendments contained herein.
2.
Terms.
The terms used herein, unless otherwise
defined, shall have the same meanings as in the Amended JPA.
References herein to "Section" are to sections of the Amended JPA,
and references to "Paragraph" are to paragraphs of this Amendment.
(A)
02111192
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City of.5 Rdno Rp~_ q7-71
3 .
Amendment to section 1.02(e).
Section 1.02 (e) is
amended to add an additional sentence to read as follows:
The term "Board Members" shall specifically include both
primary representatives and alternate representatives appointed in
the manner provided in section 2.09 hereof; provided that
alternative representatives shall not participate in meetings as a
Board Member or cast votes on any Agency matter if all primary
representatives of a Member that has appointed such alternate
representative are present and considered as constituting a quorum.
4.
Amendment to section 2.09.
The Second and Third
paragraphs of section 2.09 are amended to read as follows:
Each Member with two (2) votes shall have two (2) Board
Members with one (1) vote each, and the Member with three (3) votes
shall have three (3) Board Members with one (1) vote each. In the
event a Board Member is not present upon the casting of votes on
any matter, no votes shall be cast on behalf of such absent Board
Member except by a duly appointed alternate representative. In the
event no Board Member of a Member, whether a duly appointed primary
representative or an alternate representative, is present at the
time that votes are cast on a matter, the votes of such absent
Board Member or Board Members shall be considered as not having
been cast on such matter.
(A)
02111192
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City of S Edna Res. 92-71
Each Member by official action of its city councilor
Board of Supervisors, as appropriate, shall designate one (1)
elected official of the Member for each vote and Board position as
the primary representatives for each Member.
Such primary
representatives may be any elected official of the Member. Each
Member shall similarly designate one (1) additional elected
official of the Member to serve as an alternate representative for
the purpose of attending Board meetings and to fully participate in
such meetings and to cast votes in place of a primary
representative for such Member.
5.
Amendment to section 2.10.
section
2.10
is
amended to read as follows:
Quorum: Reauired Votes: ADDrovals. No Person other than
a duly appointed Board Member who has been appointed as either a
primary representative or an alternate representative may sit on
the Board and be considered for purposes of determining a quorum,
for participating in such meetings and for the casting of votes.
A Board Member must be present at a meeting to have the power under
this Agreement to cast a vote and to be considered as present for
purposes of determining whether the requirement for a quorum has
been met. A quorum shall be considered as being present when both
(i) Board Members representing a majority of the Members and New
Members then in the membership of the Agency are present and (ii)
(A)
02111192
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ri~v of S BdnQ Res. 92-71
a majority of the Board Members are present.
A quorum constituted
as set forth in (i) and (ii) of the preceding sentence shall be
necessary for the transaction of business, except that less than a
quorum may adjourn from time-to-time. The affirmative votes of a
majority of the Board Members representing Members and New Members
then in the membership of the Agency shall be required on all
actions to be taken by the Board unless a greater number of votes
is otherwise specified in this Agreement or required by law for a
specific matter. Any Board Member who shall abstain from voting
shall not have such vote counted as either an affirmative or a
negative vote but shall be considered as present for purposes of
determining whether a quorum of the Members and Board Members is
present.
6.
Amendment to Section 4.02.
Section 4.02
is
amended to add an additional paragraph after subsection (r) to read
as follows:
The Agency shall have the power by an affirmative vote of
a majority of the Board Members representing Members and New
Members then in the membership of the Agency, by resolution, to
adopt from time-to-time such policies and procedures and to take
such other actions either to clarify any provision of this
Agreement or in the furtherance of this Agreement that are
consistent with and carry out the purpose and intent of this
(A)
02111/92
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City of S Bdno Res. 92-71
Agreement. Any powers that are granted by this Agreement, whether
expressed or implied, may be exercised in such manner as deemed
appropriate by the Agency in conformity with section 4.03 hereof.
The Agency shall have all other powers as are deemed necessary, and
shall be authorized to exercise such powers, for the effective
operations of the Agency and the implementation of this Agreement
so long as any such powers and the exercise thereof is not
inconsistent with or contrary to any provision of the Law, the Act
or this Agreement.
7.
Amendment to section 5.01.
The second sentence of
section 5.01 is amended to read as follows:
Assumption of Responsibilities bv the Aqencv. The Board
shall designate its regular meetings as required by section 2.07
and from time-to-time elect the Co-Chairman and a Vice-Chairman and
appoint the Secretary and Treasurer.
8. Authorization to Prepare Composite Aqreement. The
appropriate personnel on behalf of the Agency are hereby authorized
and directed to prepare a composite of the Amended JPA indicating
the changes that will take effect as a result of this Amendment
No. 1.
(A)
02111/92
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,City of S Bdno Res." 92-71
9.
Effecti ve Date.
This Amendment No. 1 shall be
deemed effective and shall be dated as of the date latest in time
when all Members have approved this Amendment No. 1 by official
action of the respective legislative bodies.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment No. 1 to be executed and attested by their proper
officials thereunder duly authorized and their official seal to be
hereto affixed, on the day and year set opposite the name of each
of the parties.
(A)
02/11/92
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AMENDMENT NO. 1 'TO AMENDED JOINT EXERCISE 'OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
City of San Bdno.
Res. No. 92-71
adopted 2/17/92
CITY
OF SAN BERNARDINO, CALIFORNIA
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BY:/(/ / ..
Ma or
Title: w.
Dated:
2/19/92
(SEAL)
ATTEST:
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Approved as to Form:
.~J ~~
/S'ty Attorney
,
(A)
02111/92
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CITY OF COLTON, CALIFORNIA
By:
___ ~A.~ _t2._
FRANK A. ~
Title:
MAYOR
Dated:
February 18. 1992
(SEAL)
ATTEST:
M-fJ-e ,Ja. iP4rL~
City Clerk
Approved as to Form:
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y Attorn ~
(Al
02/11/92
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CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
YlZn;///z) ~vmh -C) /;nJj
City Clerk
Approved as to Form:
City Attorney
(A)
02111/92
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~
T, Milford Harrison
Mavor
February 25, 1992
.
",
COUNTY OF SAN BERNARDINO
By' ~UJ~
LARRY W R
Title: Chairman, Board of Supervisors
Dated:
APR 1 3 1992
90-128 A-I (A-I)
(SEAL)
~
Clerk of the Board of
Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HA~,BEEN DELIVERED TO
THE CHAIRMAN .CfF TIlE BOARD
EARJ..ENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
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Approved as to Form:
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CSBOIOOO6IDOCJI29A
(A)
02111192
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