HomeMy WebLinkAbout1990-189
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RESOLUTION NO. 90 1 R9
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF
BERNARDINO AND THE CORRIDOR BEAUTIFICATION AUTHORITY BY
MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
THE
SAN
THE
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
CITY OF SAN BERNARDINO AS FOLLOWS:
THE
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, a joint powers agreement with the Corridor Beautification
Authority.
A copy of said agreement is attached hereto marked Exhibit "A"
and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. This Agreement shall not take affect until
fully signed and executed by all parties. The city shall not be
obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3. The authorization to execute the above-
referenced agreement is rescinded if the parties to
the
agreement fail to execute it within sixty (60) days of the pass-
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age of this resolution.
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. RESOLUTION OF THE CITY OF SAN. BERNf.RDINO AUTHORIZINC;; THE.
EXECUTION OF A JOINT POWERS ~GREEMENT BETWEEN THE CITY' OF SAN
BERNARDINO AND THE CORRIRDOR BEAUTIFICATION AUTHORITY BY THE
MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a rea,,] iH meeting thereof, held on the
day of
,lllnA
, 1990, by the following vote, to
5th
wit:
NAYS
ABSTAIN
COUNCIL MEMBERS
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
---1L-
~~/461b
. CITY CLERK
The foregoing resolution is hereby approved this
$cL
day of
,111np
1990.
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22 Approved as to form
and legal content:
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JAMES F. PENMAN
24 City Attorney
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OS/24/90
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JOINT EXERCISE OF POWERS AGREEMENT
(CORRIDOR BEAUTIFICAT
THIS AGREEMENT is dated as of
and among the COUNTY OF SAN BERNARDINO, i ical subdivision of
the State of California, and the Cities of COLTON, FONTANA,
HIGHLAND, LOMA LINDA, MONTCLAIR, ONTA , RANCHO CUCAMONGA,
REDLANDS, RIALTO, SAN BERNARDINO, UPL~ D and YUCAIPA, municipal
corporations duly organized and existing under the laws of the
State of California (collectively, the "Agencies");
WITNESSETH:
WHEREAS, each of the Agencies is authorized to furnish
services and materials and perform other functions pursuant to the
provisions of the Landscaping and Lighting Act of 1972 (Streets
and Highways Code Section 22500 et seq.) and to take other action
for the public purposes of the Agencies, and the Agencies wish to
form a joint powers authority under the Joint Exercise of Powers
Law of the State of California (Government Code Section 6500 et
seq.) for the purpose of establishing an entity for the
administration of a consolidated program of beautification and
maintenance along freeway corridors within San Bernardino County;
NOW, THEREFORE, in consideration of the above premises and of the
mutual promises herein contained, the Agencies do hereby agree as
follows:
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4/30/90
ARTICLE I
DEFINITIONS
Section 1.01. Definitions.
requires, the words and terms defined
the purpose hereof, have the meanings
Unless the context otherwise
in this Article shall, for
herein specified.
"Act" means Articles 1 through 4 (commencing with Section
6500) of Chapter 5, Division 7, Title 1 of the Government Code.
"Agreement" means this Joint Exercise of Powers Agreement,
as originally entered into or as amended from time to time.
"Authority" means the Authority established pursuant to
Section 2.02 of this Agreement.
"Bond Law" means the Marks-Roos Local Bond Pooling Act of
1985, being Article 4 of the Act (commencing with Section 6584),
as now or hereafter amended.
"Board" means the Board of Directors of the Authority
referred to in Section 2.03, which shall be the governing body of
the Authority.
"Bonds" means bonds, notes or other obligations of the
Authority issued pursuant to the Bond Law or pursuant to any other
provision of law which may be used by the Authority for the
authorization and issuance of bonds, notes or other obligations to
finance the acquisition, construction and improvement of public
improvements to be used for the public purposes of the Agencies,
or any of the Agencies.
"Directors" means the representatives of the Agencies
appointed to the Board pursuant to Section 2.03.
"Fiscal Year" means the period from July 1 in any calendar
year and including June 30 in the succeeding calendar year.
"Public Improvements" means any land, improvements,
facilities and equipment to be used for the public purposes of the
Agencies, including but not limited to property described in
Section 6585(g) of the Bond Law.
"Secretary" means the Secretary of the Authority appointed
pursuant to Section 3.01.
"Treasurer" means the Treasurer of the Authority appointed
pursuant to Section 3.02.
Section 1.02. Definitions under Landscape and Lighting
Act of 1972. In addition to the definitions contained in Section
1.01 herein, the definitions pursuant to the Landscape and
Lighting Act of 1972 (Streets and Highways Code Sections 22520
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through 22540, inclusive) shall also be applicable to this
Agreement.
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ARTICLE II
GENERAL PROVISIONS
Section 2.01. Purpose. The purpose of this Agreement is
to provide for the joint exercise of powers common to the Agencies
including, but not limited to, the financing of public
improvements through the acquisition, construction and improvement
thereof by the Authority or the loan of funds to the Agencies to
enable the Agencies to provide for the acquisition, construction,
improvement and/or administration thereof.
Section 2.02 Creation of Authority. Pursuant to the
Act, there is hereby created a public entity to be known as the
"Corridor Beautification Authority". The Authority shall be a
public entity separate and apart from the Agencies, and shall
administer this Agreement.
(a) Additional Member Agencies. Additional cities may
become new members of the Authority upon the majority vote of the
existing Board of Directors. This Agreement shall be amended to
reflect each new agency.
(b) Ex-Officio Members. The following agencies shall be
ex-officio members of the Authority:
(1) Caltrans;
(2) San Bernardino Associated Governments;
(3) East Valley Resource Conservation District;
(4) West End Resource Conservation District.
Said ex-officio members shall have no voting rights.
Additional ex-officio members may be appointed by the majority
vote of the Board of Directors.
Section 2.03 Board of Directors. The Authority shall be
administered by a Board of Directors consisting of one elected
official of each Agency or their designee. The Board shall be
called the "Board of Directors of the Corridor Beautification
Authority". All voting power of the Authority shall reside in the
Board.
Section
2.04. Meetings of the Board.
(a) Regular Meetings. The Board shall provide for its
regular meetings; provided, however, that at least one regular
meeting shall be held each year. The date, hour and place of the
hOlding of regular meetings shall be fixed by resolution of the
board and a copy of such resolution shall be filed with the
Agencies.
(b) Special Meetings. Special meetings of the Board may
be called in accordance with the provisions of Section 54956 of
the Government Code.
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(cl Call, Notice and Conduct of Meetings. All meetings of
the Board, inCluding without limitation, regular, adjourned
regular and special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph M. Brown
Act of the Government Code.
Section 2.05. Minutes. The Secretary shall cause to be
kept minutes of the meetings of the Board and shall, as soon as
possible after each meeting, cause a copy of the minutes to be
forwarded to each Director and to the Agencies.
Section
2.06. Voting. Each Director shall have one
vote.
Section 2.07. Quorum; Required Votes; Approvals.
Directors holding a majority of the votes shall constitute a
quorum 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 Directors shall be required to take any action by
the Board. If any member agency chooses not to participate,
financially or otherwise, in any specific project or activity of
the Authority, the voting rights of the Director from that Agency
shall be suspended as to that project or activity.
Section 2.08 Bylaws. The Board may adopt, from time to
time, such bylaws, rules and regulations for the conduct of its
meetings as are necessary for the purposes hereof.
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ARTICLE III
OFFICERS AND EMPLOYEES
Section 3.01. Chairman, Vice-Chairman, Executive
Director and Secretary. The Board shall elect a Chairman and
Vice-Chairman from among the Directors, and shall appoint a
Secretary and may appoint an Executive Director who need not be
Directors. The officers shall perform the duties normal to said
offices. The Chairman shall sign all contracts on behalf of the
Authority, and shall perform such other duties as may be imposed
by the Board. In the absence of the Chairman, the Vice-Chairman
shall sign contracts and perform all of the Chairman's duties. In
the absence of an Executive Director, the Chairman shall
administer the day to day affairs of the Authority and shall
execute the policies and directives of the Board. The Secretary
shall countersign all contracts signed by the Chairman or
Vice-Chairman on behalf of the Authority, perform such other
duties as may be imposed by the Board and cause a copy of this
Agreement to be filed with the Secretary of State pursuant to the
Act.
Section 3.02. Treasurer. Pursuant to Section 6505.6 of
the Act, the Auditor/Controller of San Bernardino County is hereby
designated as the Treasurer of the Authority. The Treasurer shall
be the depository, shall have custody of all of the accounts,
funds and money of the Authority from whatever source, shall have
the duties and obligations set forth in Sections 6505 and 6505.5
of the Act and shall assure that there shall be strict
accountability of all funds and reporting of all receipts and
disbursements of the Authority. As provided in Section 6506 and
Section 6505.6 of the Act, the Treasurer shall make arrangements
with a certified public accountant or firm of certified public
accountants for the annual audit of accounts and records of the
Authority.
Section 3.03. Officers in Charge of Records, Funds and
Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer
shall have charge of, handle and have access to all accounts,
funds and money of the Authority and all records of the Authority
relating thereto; and the Secretary shall have charge of, handle
and have access to all other records of the Authority.
Section 3.04. Bonding Persons Having Access to Public
Improvements. From time to time, the Board may designate persons,
in addition to the Executive Director, the Secretary and the
Treasurer, having charge of, handling or having access to any
records, funds or accounts or any public improvement or project of
the Authority. The Board shall designate the respective amounts
of the official bonds of the Executive Director, the Secretary and
the Treasurer and other persons pursuant to Section 6505.1 of the
Act.
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Section 3.05. Legal Advisor. The San Bernardino County
Counsel's Office shall act as the legal advisor of the Authority,
shall perform such duties as may be prescribed by the Board, and
shall be compensated at its regular hourly rate.
Section 3.06. Other Employees. The Board shall have the
power by resolution to appoint and employ such other consultants
and independent contractors as may be necessary for the purposes
of this Agreement.
All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension, relief,
disability, workers' compensation and other benefits which apply
to the activities of officers, agents or employees of a public
agency when performing their respective functions shall apply to
the officers, agents or employees of the Authority to the same
degree and extent while engaged in the performance of any of the
functions and other duties of such officers, agents or employees
under this Agreement.
None of the officers, agents or employees directly employed
by the Board shall be deemed, by reason of their employment by the
Board to be employed by the Agencies or, by reason of their
employment by the board, to be subject to any of the requirements
of the Agencies.
Section 3.07. Assistant Officers. The Board may by
resolution appoint such assistants to act in the place of the
Secretary or other officers of the Authority (other than any
Director), and may by resolution provide for the appointment of
additional officers of the Authority who mayor may not be
Directors, as the Board shall from time to time deem appropriate.
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ARTICLE IV
POWERS
Section 4.01. General Powers. The Authority shall
exercise in the manner herein provided the powers of each of the
Agencies and necessary to the accomplishment of the purposes of
this Agreement, subject to the restrictions set forth in Section
4.04. As provided in the Act, the Authority shall be a public
entity separate from the Agencies.
Section 4.02. Power to Issue Revenue Bonds. The
Authority shall have all of the powers provided in the Act and in
the Bond Law, including the power to issue bonds thereunder,
subject to the authorization by ordinance of only those individual
parties to the Agreement which contract to make payments to be
applied to the payment of the Bonds, provided that the
nonparticipating parties to the Agreement incur no financial
obligation as provided for in Section 6547.5 of the Government
Code.
Section 4.03. Specific Powers. The Authority is hereby
authorized, in its own name, to do all acts necessary for the
exercise of the foregoing powers, including but not limited to,
any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to acquire, construct, manage, maintain or operate any
public improvement;
(d) to sue and be sued in its own name;
(e) to issue bonds and otherwise to incur debts,
liabilities or obligations; provided, however, that no
such bond, debt, liability or obligation shall
constitute a debt, liability or obligation to the
Agencies;
(f) to apply for, accept, receive and disburse grants,
loans and other aids from any agency of the United
States of America, State of California or County of
San Bernardino;
(g) to invest any money in the treasury pursuant to
Section 6505.5 of the Act which is not required for
the immediate necessities of the Authority, as the
Authority determines is advisable, in the same manner
and upon the same conditions as local agencies,
pursuant to Section 53601 of the Government Code;
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(h) to carry out and enforce all the provisions of this
Agreement;
(i) to make and enter into agreements, assignments and
other documents of any nature whatsoever as may be
necessary or convenient in the exercise of its powers
hereunder or under the Act;
(j) to make loans to the Agencies or any of the Agencies
for the purposes hereof, or to refinance indebtedness
incurred by the Agencies in connection with any of the
purposes hereof;
(k) to establish and levy development fees, as authorized
by law;
(1) to levy annual assessments after formation of an
assessment district; and
(m) to exercise any and all other powers as may be
provided in the Act or in the Bond Law.
Section 4.04. Restrictions on Exercise of Powers. The
powers of the Authority shall be exercised in the manner provided
in the Act and in the Bond Law, and, except for those powers set
forth in the Bond Law, shall be subject (in accordance with
Section 6509 of the Act) to the restrictions upon the manner of
exercising such powers that are imposed upon San Bernardino County
in the exercise of similar powers.
Section 4.05. Authority/Member Projects. A Member of
the Authority may propose projects within the Member's territory
and the Authority itself may propose projects, subject to the
limitations set forth herein.
with respect to Member proposed projects within the
territory of such Member, each Member, by official action of its
city councilor Board of Supervisors, must approve such
projects. All approved projects will be undertaken by the
Authority as funds are available to the Authority for such
purpose. The initial authorization to proceed with the
implementation of specific projects by the letting of contracts or
the appropriation of funds shall require a majority vote of the
Board of Directors. A Member, by official action of its governing
body, may withdraw a project located within its territorial
jurisdiction from consideration at any time until such initial
authorization to proceed has been granted by the Authority.
A Member may carry out within its boundaries any activity
which may legally be undertaken by the Member which does not
involve the expenditure of Authority funds, and no approval of the
Authority shall be required for such projects.
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Section 4.06. Obligations of Authority. The debts,
liabilities and obligations of the Authority shall not be the
debts, liabilities and obligations of the Agencies.
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ARTICLE V
METHODS OF PROCEDURE; CREDIT TO MEMBERS
Section 5.01. Assumption of Responsibilities By the
Authority. As soon as practicable after the date of execution of
this Agreement, the Directors shall give notice (in the manner
required by Section 2.04) of the organizational meeting of the
Board. At said meeting the Board shall provide for its regular
meetings as required by Section 2.04 and elect a Chairman and
Vice-Chairman, and appoint the Secretary and, if necessary, may
appoint the Executive Director.
Section 5.02. Delegation of Powers. The Agencies hereby
delegate to the Authority the power and duty to acquire, by lease,
lease-purchase, installment sale agreements, or otherwise, such
public improvements as may be necessary or convenient for the
operation of the Agencies or any of the Agencies.
Section 5.03. Credit to Members. In consideration of
the agreement by the Agencies to administer the Authority, all
accounts or funds created and established pursuant to any
instrument or agreement to which the Authority is a party, and any
interest earned or accrued thereon, shall inure to the benefit of
the Agencies in direct proportion to the amounts contributed.
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ARTICLE VI.
CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Contributions. The Agencies may, in the
appropriate circumstance, when required hereunder: (a) make
contributions from their treasuries for the purposes set forth
herein, (b) make payments of public funds to defray the cost 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 other
contributions or advances. The provisions of Section 6513 of the
Government Code are hereby incorporated into this Agreement by
reference.
Section 6.02. Accounts and Reports. To the extent not
covered by the duties assigned to a trustee chosen by the
Authority, the Treasurer shall establish and maintain such funds
and accounts as may be required by good accounting practice or by
any provision of any trust agreement entered into with respect to
the proceeds of any bonds issued by the Authority. The books and
records of the Authority in the hands of a trustee or the
Treasurer shall be open to inspection at all reasonable times by
duly appointed representatives of the Agencies. The Treasurer,
within 180 days after the close of each fiscal year, shall give a
complete written report of all financial activities for such
fiscal year to the Agencies to the extent that such activities are
not covered by the report of such trustee. The trustee appointed
under any indenture or trust agreement shall establish suitable
funds, furnish financial reports and provide suitable accounting
procedures to carry out the provisions of said trust agreement.
Said trustee may be given such duties in said indenture or trust
agreement as may be desirable to carry out this Agreement.
Section 6.03. Funds. Subject to the applicable
provisions of any instrument or agreement which the Authority may
enter into, which may provide for a trustee to receive, have
custody of and disburse Authority funds, the Treasurer of the
Authority shall receive, have custody of and disburse Authority
funds in accordance with laws applicable to public agencies and
generally accepted accounting practices, and shall make the
disbursements required by this Agreement or to carry out any of
the provisions or purposes of this Agreement.
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ARTICLE VII.
TERM
Section 7.01. Term. This Agreement shall become
effective, and the Authority shall come into existence, on the
date hereof, and this Agreement and the Authority shall thereafter
continue in full force and effect so long as either (a) any bonds
remaining outstanding or (b) the Authority shall own any interest
in any public improvements.
Section 7.02. Disposition of Assets. Upon termination
of this Agreement, all property of the Authority, both real and
personal, shall remain under the ownership of the Authority.
Parties rescinding their participation in the Authority through
this Agreement shall receive the residual of their contributions
to the Authority for acquisition of public improvements, less the
proportionate share of accumulated depreciation as determined by
the Treasurer of the Authority in accordance with generally
accepted accounting practices. Upon termination of this
Agreement, all property of the Authority, both real and personal,
shall be divided among the parties hereto in shares proportionate
to the total contributions for the acquisition of said property
made by the parties this Agreement.
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ARTICLE VIII.
MISCELLANEOUS PROVISIONS
Section 8.01. Notices. Notices hereunder shall be in
writing and shall be sufficient if delivered to:
COUNTY OF SAN BERNARDINO
Clerk of the Board of Supervisors
385 Arrowhead Avenue, Second Floor
San Bernardino, CA 92415-0130
CITY OF COLTON
City Clerk
650 North La Cadena Drive
Colton, CA 92324
CITY OF RANCO CUCAMONGA
Ci ty Clerk
P.O. Box 807
Rancho Cucamonga, CA 91729
CITY OF FONTANA
City Clerk
8353 Sierra Avenue
Fontana, CA 92335
CITY OF REDLANDS
City Clerk
30 Cajon Street
Redlands, CA 92373
CITY OF HIGHLAND
City Clerk
27215 East Baseline
Highland, CA 92346
CITY OF RIALTO
City Clerk
150 Palm Avenue
Rialto, CA 92376
CITY OF LOMA LINDA
City Clerk
11128 Anderson
Lorna Linda, CA 92354
CITY OF SAN BERNARDINO
Ci ty Clerk
300 North "D" Street
San Bernardino, CA 92401
CITY OF MONTCLAIR
City Clerk
5111 Benito
Montclair, CA 91763
V CITY OF ONTARIO
Ci ty Clerk
303 East "B" Street
Ontario, CA 91764
CITY OF UPLAND
City Clerk
P.O. Box 460
Upland, CA 91785
CITY OF YUCAIPA
Ci ty Clerk
34282 Yucaipa Boulevard
Yucaipa,CA 92399
SECTION 8.02. Section Headings. All section headings in
this Agreement are for convenience of reference only and are not
to be construed as modifying or governing the language in the
section referred to or to define or limit the scope of any
provision of this Agreement.
Section 8.03.
consent or approval is
be withheld.
Consent. Whenever in this Agreement any
required, the same shall not unreasonably
Section
8.04. Law Governing. This Agreement is made in
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the State of California under the Constitution and laws of the
State of California, and is to be so construed.
Section 8.05. 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 Authority or by applicable
regulations or laws of any jurisdiction having authority, by one
or more supplemental agreements executed by the parties to this
Agreement either as required in order to carry out any of the
provisions of this Agreement or for any other purpose, including
without limitation addition of new parties (including any legal
entities or taxing areas heretofore or hereafter created) in
pursuance of the purposes of this Agreement.
Section 8.06. Enforcement by Authority. The Authority
is hereby authorized to take any legal or equitable actions,
including but not limited to injunction and specific performance,
necessary or permitted by law to enforce this Agreement.
Section 8.07. Severability. Should any part or
provision of this Agreement be decided by any court of competent
jurisdiction to be illegal or in conflict with any law of the
State of California, or otherwise be rendered unenforceable or
ineffectual, the validity of the remaining portions or provisions
shall not be affected thereby.
Section 8.08. Successors. This Agreement shall be
binding upon and shall inure to the benefit of the successors of
the Agencies, respectively. None of the Agencies may assign any
right or obligation hereunder without written consent of the other
Agencies.
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Agree. 90-491
Clerk's Off: Co=.
Transp.-Gen. & St.
SANBAG
Manber Cities
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
Beautification JPA
Hwy. 1-10
June 4, 1990
FROM: MICHAEL G. WAU(ER
MO/Infrastructure
SUBJECT: a:RRIIX:R BF.AlJl'IFICATICN AIJIHlU'lY JOIN!' ~ ~
RECOMMENDATION: Awrove the Corridor Beautification Authority Joint Powers
Agreement and Authorize payment of $1,000 to San Bernardino Associated
Governments (SANBIIG) for the 1-10 Corridor Landscape Plan.
EII\OCGUN): 'Ihe Corridor Beautification Authority is an outgrowth of the
Corridor Beautification Carmittee which was formed as one of three ccmni.ttees
in the Shaping Growth in American Ccmmunities Project, initiated by Supervisor
Barbara Cram Riordan in April of 1989. One of the ccmni.ttee's objectives is to
inplarent a consistent landscape treatIrent or there for the 1-10 corridor fran
M:mtclair to Yucaipa. 'Ihis can be acc:anplished by formulation of the ccmni.ttee
into a Joint Powers Authority. 'Ihe Joint Powers Authority will have the
ability to raise revenues through fees and assessments for the installation and
maintenance of landscaping on the corridor. 'Ihe start up funds for the project
involve a payment of $1,000 by each of the cities and the county, with the
remaining funds caning fran Measure I mitigation funds set aside by SANBI\G.
Each rranber agency llD.lSt designate a representative for the Authority.
REA9:N FtR REXXMlEHlM'ICN: Awroval of the Corridor Beautification Authority
will alloo the cities and the county to jointly fund landscape inprovarent
projects for freeway corridors within San Bernardino County.
~ BY <mIERS: 'Ihe Joint Powers Agreement was prepared by Tan Krahelski,
Deputy County Counsel. County Counsel and the Auditor/Controller have been asked
to act as attorney and treasurer for the Authority. 'Ihis was reviewed and
approved by County Counsel Alan Marks, and Auditor/Controller Errol Mackzum.
FDWCIAL: 'Ihe $1,000 payment to SANBAG is currently available fran funds
specifically designated for the suWOrt of the Shaping Growth in American
Carmunities Program. Future funding of the Authority will cane fran fees,
assessments, and participation by SANBAG. 'Ihere is no adverse inpact on the
County General Fund.
cc: CAO-
4 copies for signature &
return 2 to Clerk of Bd.
Member Cities (12) c/o
CAO- Infrastructure
Auditor-Hackztun
Comty Counsel-Marks
SANBAG. CALTRANS
Auditor
Purchasing-Cent. Ccxnpl.
East Vly. Res. Cons. Dist.
Hest End Res. Cons. Dist.
14-9507-000 dm File
Rev. 10(81
AGREEMENT NO_ 90-491
Action of the Board of Supervisors
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APPROV 0+. ~~l\.~~~I'('I.l);ERVISORS
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BY
DATED:
ITEM is--
1--
r-:!~_. COUNTY OF SAN BERNARDINO
\~ CONTRACT TRANSMITTAL
"Y
FOR COUNTY USE ONLY
~r5't:antm~a..u.ni5trati ve Office Contract Number
c:lt)- ~/!
. ,II
County Department Contract Representative Contractor's License Number.
Michael G. Walker 3267 N/A
Ph, Ext.
Budget Unit No. I SUb-2230 No. I FU~~O. I Job ~;oo 1 $~~:f~ntract
107
11 contract has more than one payment or receipt,
Project Name: complete the following:
Corridor Beautification Payments Estimate; N/A
Authority Approximate Amount Each: N/A
Contractor:
CXlUUOCR BFAUTIFlCATICfi AUTHCRITY - JOINI' PafflRS A~
Birth Date
N/A
Contractor's Representative:
Federal I D No. or Social Security No.
John Longville, Mayor, City of Rialto
N/A
Address:
ISO S. Palm Avenue, Rialto CA 92376
Phone:
820-2525
Nature of Contract: (Briefly describe the general terms of the contract.)
The Corridor Beautification Authority is an outgrowth of the
Corridor Beautification Committee which was formed as one of
three commi ttees in the Shaping Growth in Amer ican Communi ties
Project, initiated by Supervisor Barbara Cram Riordan in April of
1989. One of the committee's objectives is to implement a
consistent landscape treatment or theme for the 1-10 corridor from
Montclair to Yucaipa. This can be accomplished by formulation of
the committee into a Joint Powers Authority. The Joint Powers
Author ity will have the abili ty to raise revenues through fees
and assessments for the installation and maintenance of landscaping
on the corr idor. The start up funds for the project involve a
payment of $1,000 by each of the cities and the county, with the
remaining funds coming from Measure I mitigation funds set aside
by SANBAG. Each member agency must designate a representative
for the Authority.
The Authority includes 12 valley cites and the county. The
Authority is administered by a Board of Directors consisting of
one elected official of each agency, or their designee, who has one
vote. County Counsel and the Auditor/Controller will act as
attorney and treasure for the Authority.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to Affirmative Action
Reviewed fOT Processing
.
.
Agency Administrator/CAD
Da,. ~ \ ~S
\
Date
Date
K:bb
ilERS;bbb
30/90
JOINT EXERCISE OF POWERS AGREEMENT
(CORRIDOR BEAUTIFICATION AUTHORITY)
THIS AGREEMENT is dated as of , 1990, by
and among the COUNTY OF SAN BERNARDINO, a pol tical subdivision of
the State of California, and the Citie of COLTON, FONTANA,
HIGHLAND, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA,
REDLANDS, RIALTO, SAN BERNARDINO, UPLAND and YUCAIPA, municipal
corporations duly organized and existing under the laws of the
State of California (collectively, the "Agencies");
WITNESSETH:
WHEREAS, each of the Agencies is authorized to furnish
services and materials and perform other functions pursuant to the
provisions of the Landscaping and Lighting Act of 1972 (Streets
and Highways Code Section 22500 et seq.) and to take other action
for the public purposes of the Agencies, and the Agencies wish to
form a joint powers authority under the Joint Exercise of Powers
Law of the State of California (Government Code Section 6500 et
seq.) for the purpose of establishing an entity for the
administration of a consolidated program of beautification and
maintenance along freeway corridors within San Bernardino County;
NOW, THEREFORE, in consideration of the above premises and of the
mutual promises herein contained, the Agencies do hereby agree as
follows:
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers
duly authorized and their official seals to be hereto affixed, on
the day and year set opposite the name of each of the parties.
COUNTY OF SAN BERNARDINO
~~~
By Cha' rman, Boare Supervisors
Da te : June 4, 1990
SrrnED AND CERTIFIED 'lllAT A COPY OF 'IHIS
DOClJt1ENT HAS BEEN DELIVEPED 1'0 TIlE
rnAIRllAN OF TIlE BOARD.
EARIENE SFP.QAT
Clerk of the ~~~r,vi.sors
of the coun~~\ ~~i'~o
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By
-16-
(SEAL)
ATTEST:
CITY OF COLTON, CALIFORNIA
By:
Title:
ci ty Clerk~
Approved as to Form:
City Attorney
(SEAL)
~~'<-~
DepulyCity Clerk
Approved as to Form:
<
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Ci ty Attorney
:
Titl.v
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CALIFORNIA
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CITY OF COLTON, CALIFORNIA
.~'~~~/~cf~~
Tl tIe: Mayor
(SEAL)
ATTEST:
'!r-~{.' la. ~
Clty Clerk
Approved as to Form:
J~~~
City Attorney
;
CITY OF FONTANA, CALIFORNIA
By:
Ti tIe:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
-17-
CITY OF HIGHLAND, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
rm:
CITY OF LOMA LINDA, CALIFORNIA
By: ~~..;;2-
T. Milford Harrison
Ti tIe: Havor
(SEAL)
ATTEST:
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City Clerk .
App,oved.", ;;:;P.. F.O , :,
r&~
Ci. t orney
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(SEAL)
A~ST:
C
CITY OF~~.'~
BY/~) ./;} ~
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Title: n\c,>~ ,:-
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utc.(/J:~<-L4tk-J<.
er k - .. ;; _________
Approved as to Form:
;:/1 ) ." ' /[/~
C ty Attorney - Deputy
(SEAL)
ATTEST:
CITY OF ONTARIO, CALIPORRIA
By:
Title:
City Clerk
Approved as to-Form:
City Attorney
-19-
j
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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ATTEST >:~:,:~,,: :.'.~;.:~~'>'"
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City CU,erk
Approved as to Form:
City Attorney
CITY OF MONTCLAIR, CALIFORNIA
By
Title:
CITY
By:
Title:
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LIPOR1UA
j
c
CITY OF RANCHO CUCAMONGA, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
.
City Clerk
Approved as to Form:
City Attorney
CITY OF REDLANDS, CALIFORNIA
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By: /~ ~. VL-~_/t;!-- /
~ .4,
. / I
T ~le~.. / Mayor'
(SEAL)
ATTEST:
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Cit ttorne
-20-
Title:
,
CI~~OF RIALTO~ CALIFORNIA
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By:'~,\( "", \j~I/J(
IJ/.;Yc 11
v
(SEAL)
ATTEST:
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Approvld as
,
,
(SEAL)
ATTEST:
~A#/g~
C1ty Clerk
Approved as to Form
L al Content:
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-21-
CITY OF RIALTO, CALIFORNIA
By:
v
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
Title:
(SEAL)
ATTEST:
~~/?/ff~
City Clerk
Approved as to Form
L a1 Content:
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i
I
1
(SEAL)
ATTEST:
rN/-.. ;,? 09~^-../
ch~~
Approved as to Form:
j
M~~~~A\'~/
City Attorney
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF UPLAND, CALIFORNIA
BY:~A-t42 ?l~
Title:
M.::Iynr
Approved by City Council July 9, 1990
CITY OF YUCAIPA, CALIFORNIA
By:
Title:
-22-
CITY OF UPLAND, CALIFORNIA
By:
Ti tle:
(SEAL)
ATTEST:
City Clerk-
Approved as to Form:
City Attorney
CITY
By:
Title:
(SEAL)
ATTEST:
~r(eOMl ~~
C.
-22-