HomeMy WebLinkAboutS02-Economic Development Agency
. .
crrv OF SAN BERNODINO - REQUEST FC)R COUNCIL ACTION
From:
Tim Steinhaus, Agency Administrator
Subject:
Amendment to Joint Powers Agreement
creating the Inland Valley Development
Authority.
Dept:
Economic Development Agency
Date:
December 12, 1991
Synopsis of Previous Council action:
02/12/90 -- Resolution No. 90-47 creating the Inland Valley Development Authority
was adopted.
Recommended motion: .
Adopt resolution.
j
Contact person:
Tim Steinhaus
Phone:
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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CITY' OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION
STAFF REPORT
The Inland Valley Development Agency ("IVDA") was previously formed
by and amongst the City of San Bernardino, the County of San
Bernardino, the City of Loma Linda and the City of Colton. It was
formed for the purpose of determining whether the redevelopment of
Norton Air Force Base ("NAFB") and properties adj acent and in
proximity thereto would be feasible for the purposes of preserving
and creating employment opportunities necessitated by the announced
closure of NAFB. In furtherance of its goals, the IVDA has
previously adopted its Redevelopment Plan for the Inland Valley
Redevelopment Project.
In connection with the formation of the IVDA, the City of San
Bernardino and the other parties who are members of the IVDA
entered into a certain Amended Joint Exercise of Powers Agreement
which created the IVDA, set forth the IVDA's purpose and powers and
addressed the administrative procedures to be followed by the IVDA.
The IVDA Board has deemed it desirable to amend the Amended Joint
Exercise of Powers Agreement in order to make certain technical
modifications to the Agreement with respect to the voting powers of
the members in connection with their administration of the IVDA's
activities. Specifically, the amendment proposes that each member
on the IVDA with two (2) votes shall have two board members who
shall each have one (1) vote and that a member with three (3) votes
shall have three board members with one (1) vote each. In the
event a board member is not present to cast a vote, his or her
alternate may cast a vote in their place.
The proposed amendment further provides that unless otherwise
designated in the Amended Joint Exercise of Powers Agreement, any
actions of the IVDA would require the affirmative vote of a
majority of all members of the IVDA. In addition, the proposed
amendment provides for the election of a Chairperson and a Vice-
. Chairperson, with the Chairperson to be elected from the City of
San Bernardino. The amendment also delineates the powers and
authority of the Chairman and other officers of the IVDA Board.
In order for the proposed amendment to become effective, each of
the members of the IVDA must individually approve the amendment.
Therefore, the IVDA has requested that the city of San Bernardino
approve the terms and provisions of the proposed amendment which is
attached to the resolution. Staff recommends adoption of the
resolution.
75~0264
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RESOLU'l'ION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1
TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING
4 THE INLAND VALLEY DEVELOPMENT AUTHORITY
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WHEREAS, the City of San Bernardino, California (the
7 "City"), is a member of the Inland Valley Development Authority
8 (the "Authority") which is a joint powers authority formed by the
9 legislative bodies of its members pursuant to Section 6500, gt.
10 sea., of the California Government Code; and
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WHEREAS, the Authority was formed for the purpose of
13 determining whether the redevelopment of Norton Air Force Base
14 ("NAFB") and properties adjacent and in proximity thereto is
15 feasible for the purposes of preserving and creating employment
16 opportunities necessitated by the announced closure of NAFB; and
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WHEREAS, the Authority has previously caused the
19 preparation and execution of a certain agreement entitled Amended
20 Joint Exercise of Powers Agreement creating the Inland Valley
21 Development Agency, a copy of which is on file with the City
22 Clerk and which is incorporated herein by this reference; and
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24 WHEREAS, the Authority has deemed it desirable to cause
25 an amendment to the Amended Joint Exercise of Powers Agreement
26 which amendment is primarily of a technical nature and relates to
27 the administration of the Authority and the voting procedures to
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1 be followed in connection with the Authority's various activities
2 and actions; and
3
4 WHEREAS, a copy of the proposed amendment entitled
5 Amendment No. 1 to Amended Joint Exercise of Powers Agreement is
6 attached hereto as Exhibit "A" and incorporated herein by this
7 reference.
8
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11
12 SECTION 1. The Council hereby approves Amendment
13 No. 1 to Amended Joint Exercise of Powers Agreement as attached
14 hereto as Exhibit "A" and incorporated herein by this reference
15 with any such non-substantive changes as may be approved by the
16 Mayor and City Attorney.
17
18 SECTION 2. The Mayor and City Clerk are hereby
19 authorized to execute the Amendment No. 1 to Amended Joint
20 Exercise of Powers Agreement on behalf of the City and take all
21 such other action as may be necessary in order to implement the
22 provisions of Amendment No.1 to Amended Joint Exercise of Powers
23 Agreement.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED
2 JOINT EXERCISE OF POWERS 'AGREEMENT CREATING THE INLAND VALLEY
DEVELOPMENT AUTHORITY
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its adoption.
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SECTION 3.
This Resolution shall take effect upon
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor
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San Bernardino at a
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the day of
10 wit:
and Common Council of the city of
meeting thereof, held on
, 1991, by the following vote, to
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Council Members:
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HAIa.
ABSTAIN
ABSENT
ESTRADA
13 REILLY
HERNANDEZ
14 MAUDSLEY
MINOR
15 POPE-LUDLAM
MILLER
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City Clerk
The foregoing resolution
day of
is hereby approved this
, 1991.
Mayor of the City of
San Bernardino
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Approved as to form and legal content:
24 JAMES F. PENMAN
City Attorney
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26 By: l..I~
~ ty Attor
27 CSBOlOOO6lDOC\lll
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1 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2 CITY OF SAN BERNARDINO
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3 I, , Clerk of the City of
San Bernardino, California, DO HEREBY CERTIFY that the foregoing
4 and attached copy of the city of San Bernardino Resolution No.
is a full, true and correct copy of that now on file in
5 this office.
6 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of San Bernardino this
7 day of , 1991.
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City Clerk of the
City of San Bernardino
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EXHIBIT "A"
AMENDMENT NO. 1 TO
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
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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 Loma Linda and the
County of San Bernardino (the "Members"). The Members agree as
follows:
1.
Puroose 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.
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3.
Amendment to Section 1.01Iel.
section 1.01(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)
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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: Approvals. 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)
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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 3.01.
Section
3.01
is
amended to read as follows:
Section 3.01. Chairman. Vice-Chairman and Additional
Officers. The Board shall elect one Board Member from the city of
San Bernardino to be Chairman and one Board Member from among all
Board Members to be Vice-Chairman with elections to be held at such
times and such offices to be held for such terms as shall be
designated by the Agency pursuant to a resolution of the Agency.
The Board shall appoint such additional officers and shall employ
such additional employees and assistants as may be appropriate,
(A)
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including, but not limited to, a general manager, counsel and
Secretary for the Board. The officers shall perform the duties
normal to said offices; and
(a) The Chairman, or such other official, officer or
person as may be designated by the Board, shall execute all
contracts on behalf of the Agency, and shall perform such other
duties as may be imposed by the Board;
(b) the Vice-Chairman shall act, execute contracts and
perform all of the Chairman's duties in the absence of the
Chairman; and
(c) the Secretary shall attest to the execution of all
contracts executed by the Chairman, Vice-Chairman or such other
official, officer or person as may be designated by the Board, on
behalf of the Agency, 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.
7.
Amendment to Section 4.02.
section 4.02
is
amended to add an additional paragraph after subsection (r) to read
as follows:
(A)
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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
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.
8.
Amendment to section 5.01.
The second sentence of
section 5.01 is amended to read as follows:
AssumDtion of ResDonsibilities bv the Aaencv. The Board
shall designate its regular meetings as required by section 2.07
and from time-to-time elect the Chairman and a vice-Chairman and
appoint the Secretary and Treasurer.
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9. Authorization to Precare Comcosite Aareement. 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.
10. Effective 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 thElir 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)
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CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
city Clerk
Approved as to Form:
~~keJ
'/City Atto y
(A)
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CITY OF COLTON, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
city Attorney
(A)
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CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
city Clerk
Approved as to Form:
City Attorney
(AI
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COUNTY OF SAN BERNARDINO
By:
Title:
Dated:
(SEAL)
ATTEST:
Clerk of the Board of
Supervisors
Approved as to Form:
county Counsel
CSIlO/OOOl5lDOCl\29A
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