HomeMy WebLinkAbout1980-086
1
RESOLUTION NO.
~() -Rto
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
RATIFICATION AND EXECUTION OF SECOND AMENDMENT TO THE JOINT
3 EXERCISE OF POWERS AGREEMENT FOR THE CREATION OF THE INLAND
MANPOWER ASSOCIATION; AUTHORIZING MEMBERSHIP REPRESENTATION
4 THEREIN TO BE COMPRISED OF THE MAYOR OR A COUNCILMAN REPRESENTING
THE CITY OF SAN BERNARDINO; AND REPEALING RESOLUTION NO. 80-44.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION l. The execution by Councilman Edward S. Wheeler,
8 Jr. on behalf of said City of a Second Amendment to the Joint
9 Exercise of Powers Agreement for the Creation of the Inland
10 Manpower Association, which authorizes membership representation
11 therein to be comprised of the Mayor or a Councilman, a copy of
12 which is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length, is
14 hereby ratified.
15
SECTION 2. Resolution No. 80-44 is hereby repealed.
16
I HEREBY CERTIFY that the foregoing resolution was duly
17
adopted by the Mayor and Common Council of the City of San
Bernardino at a t no~t On/" meeting thereof, held
,1r4
on the day of ~:Jr-c' , 1980, by the following
18
19
20 vote, to wit:
22
. h(on..~~ I
NAYS: :nOM
ABSENT: ~ IT'>tO
rnllitnmoj(J 1 1"~I'XlOOA., ~/L'V\tI1",j'bt
'W.u.J\Hrn ~la/J r;.~tu,.a~'A
\ I
21
AYES: Councilmen
23
24
25
~/~/JJ ~~
/ City C erk
26
27
28
1
The foregoing resolution is hereby approved this
day
I
2
of
, 1980.
3
4
,
Mayor of the City of San Bernardino
5
Approved as to form:
~~~3!
C~ty A orney
6
7
8
9
10 I disapprove the foregoing Resolution as there is no authority
11 in our Charter for individual councilmen to execute agreements on behalf
12 I of the City. Said function is an executive function and councilmen are
13 not executives. The intent of the Joint Powers Agreement, as originally
14
established, was to have the chief executive officer of the City of
15
San Bernardino, or his designee, serve as a representative for said City.
16
The reason for said provision was to have a representative elected by all
17
of the people of the city who serves full time in the position of Mayor
18
representing said city. There is no valid reason to change said provision
19
and to designate councilmen,elected by only one-seventh of the people of
20
the city, to represent the entire city.
21
22
DATED this ~day of ~~ _1980.
23
24
25
26
27
28
-2-
il
ii
,:
,i
;1
"
I fi
:1
2 II
I
I
I
3 I
!
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
SECOND AMENDMENT TO THE JOINT EXERCISE OF
AGREEMENT FOR THE CREATION OF
THE INLAND MANPOWER ASSOCIATION
(Membership Representation)
POWERS
THIS SECONID AMENDMENT TO THE JOINT EXERCISE OF POWERS
iI
ilAGREEMENT FOR THE CREATION OF THE INLAND MANPOWER ASSOCIATION
II is made and entered into this day of , 1980,
I
i
I by and between the COUNTY OF RIVERSIDE, a political subdivision
10f the State of California; the COUNTY OF SAN BERNARDINO, a
political subdivision of the State of California; the CITY OF
RIVERSIDE, a municipal corporation of the State of California;
and the CITY OF SAN BERNARDINO, a municipal corporation of the
State of California; each of said parties being a general purpose
local government.
I
I
l. The Joint Exercise of Powers Agreement for the Creation I
of the Inland Manpower Association, dated March l8, 1974, between I
Section III Subsection B is hereby amended to I
The above parties agree as follows:
the parties hereto,
I read as follows:
"B. Appointment of Representative Members:
Each member agency shall appoint its own representa-
tive members and alternates. Appointments shall be in
writing. Appointed members shall be selected from
elected officials of general purpose governments and
shall serve in their individual capacities. Member-
ship representation is to be comprised as follows:
a. Riverside County - Two (2) Members of the County
Board of Supervisors
b. Riverside City - One (l) Mayor
1 c. San Bernardino County - Two (2) Members of the
2 County Board of Supervisors.
3 d. San Bernardino City - One (1) Mayor or Councilman
4 e. Coachella Valley Association of Governments -
5 One (l) Member of its Association
6 f. San Bernardino Associated Governments - One (l)
7 City Member of its Association
8 An appointed member may have an alternate, who must
9 be an elected official of the same appointing agency
10 as is his principal, and who shall be designated in
II writing. Termination of the principal member shall
12 constitute termination of his alternate. The term of
13 members shall be for one year, and until a successor
14 may be appointed, with automatic renewal subject to
15 the approval of the appointing agency. Termination
16 in elected office for any reason shall constitute
17 termination of the member from the Association. The
18 appointing agency may appoint a new member to any
19 vacancy immediately. n
20 2. Except as amended, all terms and conditions of the
21 Agreement remain in full force and effect.
22 IN WITNESS WHEREOF, the parties hereto have executed this
23 Second Amendment to the Joint Exercise of Powers Agreement for
24 the Creation of the Inland Manpower Association on the date first
25 hereinabove written.
26
27
28
-2-
20
22
23
24
28
1 COUNTY OF RIVERSIDE
2
By:
3 Chairman, Board of
Supervisors
4
ATTEST:
5
6 'I By:
Clerk of the Board
7
APPROVED AS TO LEGAL FORM:
8
9
By:
County Counsel
10
II
CITY OF RIVERSIDE
12
13
By:
Mayor
14
15
16
17
APPROVED AS TO LEGAL FORM:
18
19
By:
City Attorney
21
25
26
27
COUNTY OF SAN BERNARDINO
By:
Chairman, Board of
Supervisors
ATTEST:
By:
Clerk of the Board
APPROVED AS TO LEGAL FORM:
By:
County Counsel
CITY OF SAN BERNARDINO
By'~1"~
ATTEST:
BY:~~
:Lty C er
APPROVED AS TO LEGAL FORM:
By: ~~Jr~J
C:Lty At orney
-3-
. ...
'd'
'4 '.
I
SECOND AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CREATION OF
THE INLAND MANPOWER ASSOCIATION
(Membership Representation)
2
3
4 THIS SECOND AMENDMENT TO THE JOINT EXERCISE OF POWERS
5 AGREEMENT FOR THE CREATION OF THE INLAND MANPOWER ASSOCIATION
6
is made and entered into this
, 1980,
day of
7
by and between the COUNTY OF RIVERSIDE, a political subdivision
8
of the State of California; the COUNTY OF SAN BERNARDINO, a
9
political subdivision of the State of California; the CITY OF
10
RIVERSIDE, a municipal corporation of the State of California;
11
and the CITY OF SAN BERNARDINO, a municipal corporation of the
12
State of California; each of said parties being a general purpose
13
local government.
15
I
I
I
l. The Joint Exercise of Powers Agreement for the Creation!
i
of the Inland Manpower Association, dated March l8, 1974, between i
14
The above parties agree as follows:
16
17
the parties hereto, Section III Subsection B is hereby amended to
18
read as follows:
19
"B. Appointment of Representative Members:
20
Each member agency shall appoint its own representa-
Appointments shall be in'
21
tive members and alternates.
22
writing. Appointed members shall be selected from
23
elected officials of general purpose governments and
24
shall serve in their individual capacities. Member-
25
ship representation is to be comprised as follows:
26
a. Riverside County - Two (2) Members of the County
27
Board of Supervisors
28
b. Riverside City - One (l) Mayor
~t.hJj 'i}'\
, ..
h .1
. .
16
20
I
c. San Bernardino County - Two (2) Members of the
2
County Board of Supervisors.
3
d. San Bernardino City - One (l) Mayor or Councilman
4
e. Coachella Valley Association of Governments -
5
One (l) Member of its Association
6
f. San Bernardino Associated Governments ~ One (l)
7
City Member of its Association
8
An appointed member may have an alternate, who must
9
be an elected official of the same appointing agency
10
as is his principal, and who shall be designated in
II
writing. Termination of the principal member shall
12
constitute termination of his alternate. The term of
13
members shall be for one year, and until a successor
14
may be appointed, with automatic renewal subject to
15
the approval of the appointing agency. Termination
in elected office for any reason shall constitute
17
termination of the member from the Association. The
18
appointing agency may appoint a new member to any
19
vacancy immediately."
2. Except as amended, all terms and conditions of the
21 Agreement remain in full force and effect.
22 IN WITNESS WHEREOF, the parties hereto have executed this
23 Second Amendment to the Joint Exercise of Powers Agreement for
24 the Creation of the Inland Manpower Association on the date first
25 hereinabove written.
26
27
28
-2-
- -.
....,. .
~..
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF RIVERSIDE
By:
Chairman, Board of
'Supervisors
ATTEST:
By:
Clerk of the Board
APPROVED AS TO LEGAL FORM:
By:
County Counsel
:::;::;;I/;JJ . _ _ _
Mayor ~
ATTEST:
II
By: ~ /1 ~.-.t'
Ci Y C erk
-
APPROVED AS TO LEGAL FORM:
By: ~{J)&rAo
~ty Attorney
COUNTY OF SAN BERNARDINO
I
I
I
l
I
I
By:
, Chairman, Board of
Supervisors
ATTEST:
By:
Clerk of the Board
APPROVED AS TO LEGAL FORM:
By:
County Counsel
ATTEST:
'I
1
i
I
I
I
I
I
I
1
i
By: ci~f~ ~~
APPROVED AS TO LEGAL FORM:
By:
Ci,.tJy Attorney
-3-
,
t '.'
. :criY OF ~~ CITY HAll. RIVERSIDE, CALIFORNIA 92522 . 714/787-7557
March 20, 1980
~';
lj,(
~T~: ..
~f .,:~ v
'~'1:)'
,?l f.:::~a,.
. 4:~...... '
ALICE A. HARE
City Clerk
Ms. Shauna Clark
City Clerk
City of San Bernardino
P. O. Box 1318
San Bernardino, CA 92402
Dear Ms. Clark:
Enclosed is one copy of the Second Amendment to the Joint Exercise of Powers
Agreement for the Creation of the Inland Manpower Association, which has been
executed by the City of Riverside. As suggested in your letter, we have retained
the second copy for our files.
I wonder if it would be possible for you to send us a fully-executed copy when
the Counties of Riverside and San Bernardino have signed the Amendment. It ap-
pears that there will not be a sufficient number of signed copies for all signa-
tures to appear on one page. In this case, will you please provide us with a
copy showing the date finally entered on the first page, and Xerox copies of all
the signature pages.
Thank you.
Sincerely yours,
tYv~ C, 1~
ALICE A. HARE
City Clerk
Ene!.
DATE
CJTER-OFFICE MEr~O
April 28, 1980 f1 /}.JAY
James Fare, AdminiS~~-
Human Resources Agency
PHONE
l824
FROM
TO Board of Supervisors
c/o Earl Goodwin,
County Administrative Officer
SUBJECT
PROPOSED REVISION TO INLAND MANPOWER ASSOCIATION JOINT
POWERS AGREEMENT (HRA Administration)
RECOHMENDATION:
Approve the City of San Bernardino's proposed reV1S10n to
the Joint Powers Agreement of the Inland Manpower Association.
BACKGROUND:
On March lO, 19,80, the Board of Supervisors referred the
above matter to this office for review and recommendation.
The City of San Bernardino has adopted Resolution No. 80-86
which proposes a revision to the Joint Powers Agreement
developed when the Inland Manpower Association (IMA) was
created. The proposed revision is limited to City represen-
tation on the IMA Executive Board. The City proposes to
change their representation to "one mayor or City council-
man." In order to implement this revision, the other parties
to the Joint Powers Agreement must concur. The City of
Riverside has approved the revision; however, the County of
Riverside, at this time, has not.
There is no further effect on the parties to the Joint Powers
Agreement by this revision.
JF:dlp
cc: Charles C. Chapman,
Director, Manpower Dept.
Dick Strong, Deputy
County Counsel
Ralph H. Prince,
City Attorney,
City of San Bernardino
ymrauna Clark,
City Clerk
City of San Bernardino
"
OFFICE OF
COUNTY CLERK
AND
DONALD D. SULLIVAN
CLERK OF THE BOARD
CLERK OF BOARD OF SUPERVISORS
14TH FLOOR COUNTY ADMINISTRATIVE CENTER
4080 LEMON STREET
P.O. BOX 431
RIVERSIDE. CALIFORNIA 92502
TELEPHONE (714) 787-2717
Gerald Maloney
ACTING CLERK
March 20, 1980
....
<,.
:l'~R 2] 1980
OFFICE OF THE
CITY CLERK
Shauna Clark
city Clerk
P.O. Box 1318
San Bernardino, California 92402
Dear Ms. Clark:
Please find enclosed a copy of the Board of Supervisors
action taken on March ll, 1980 in response to your let-
ter dated March 5, 1980.
If you have further questions regarding this matter,
please contact my office.
Sincerely,
~a7Jld~
Gerald Maloney ----' ~
Acting Clerk of the Board
enc.
GM:jem
"',
" '
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
County of Riverside, State of Colifornia
6.27
On motion of Supervisor Record, seconded by Supervisor
Schroeder and duly carried by unanimous vote, IT WAS ORDERED that the
proposed amendment to the Joint Powers Agreement for the Creation of the
Inland Manpower Association, submitted by the City of San Bernardino,
is rejected and the Clerk of the Board is directed to notify the City
Clerk, City of San Bernardino of the Board's action.
/_ ~ Yeftn,
/- 0,6.
/:- & (!{),~
-
60/
:Zil~
I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on
tlilY-<;:.J:L1-J_____, 19__~.9_, Baak._l_Q~.page--':!22---of Supervisors Minutes,
WITN ESS my hand and the seal of the Boord of Supervisors
Dated, ___Y..a:cch.n.,_llScO___
DONALD D, SULLIVAN, Clerk of the Boord of Supervisors,
(SEAlI
in and for the County of Riverside, State of California,
l:~~--z-!__:22::"ACl:Z-<L____. Deputy
~
,I
!'
..' ._':- -
. -<', -,\
BOARD OF SUPERVISORS
$" "
'''''., .".
.4-'~". ; (. /!;, iJ'-..
~nri~ ~~.j' J
.!!'~~.__;'u... 'Jf;r. l' \'
couN'A,~I~~ll.'.ii'~~'RS IDE
iil=i~~ 4[Bjlj! 1;t1!JU:ill~ '.tJ
_:.-d/,,:~ "f13' ,~~ If 1; i.l"'u'~'\ .i ?'"
~~~.~~ - ,". ~~~,
- .', ,.l;.~~1lti'i- ','
'--.:;;... . - .J1Jr. _--~ - - ,. ":._,~-:.J,_~\'- ."';
\VAL T P. ABRAHAM
787-2010
DONALD L. SCHROEDER
7a7~24:Z9
CLAYTON RECORD
787-2630
A. A. Me CANDLESS .
787-2840
NORTON YOUNGLOVE
787-2950
Dear Mr. Prince:
May 5, 1980
Mr. Ralph H. Prince, City Attorney
City of San Bernardino'
300 North "D" Street
San Bernardino, California 92418
,
Thank you for your letter of April 21. There was indeed some
confusion caused by receipt of the two different resolutions on
the subject.
As you know I~~ is going through a period of reconsideration and
reorganization. It is our desire that all possible changes to
the basic Joint Powers Agreement be considered at the same time.
Certainly we look forward to mutually satisfactory changes being
made to the organizational structure as IMA resolves its more
fundamental questions.
Our IMA representatives--Supervisors Schroeder and Younglove--would
be most happy to discuss this with your elected officials in more
detail. You might wish to directly contact either of these
Supervisors at the numbers listed above.
If I can be of any further assistance on this matter, please do
not'hesitate to contact my office.
Sincerely,
//:d'~~~~
A. A. McCANDLESS
Chairman, Board of Supervisors
eel Supv. Norton Younglove
Supv. Donald Schroeder
Mayor W. R. "Bob" Holcomb
Mayor pro tem Robert A. Castaneda
COUNTY ADMINISTRATIVE CENTER . FOURTEENTH FLOOR . 4080 LEMON STREET . RIVERSIDE, CALIFORNIA 9'250'
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
tiay 5. 1980
RE : HRA: 11ANPOHER: WLAND 11ANPOHER ASSOCIATION JOINT POHERS AGREEHENT:
REFER TO lIRA FOR" REPORT
The Board considers the request by City of San Bernardino for revision
to the Joint Powers Agre~ment for Inland Manpower Association which
revision is limited to City of San Bernardino representation on the
II~ Executive Board; the city proposes to change representation to
one mayor or city councilman and in order to implement the revision
other parties to the Joint Powers Agreement must concur.
Board members discuss the proposal and it is noted that the city of
Riverside has approved the revision but the County of Riverside at
this time has not done so.
During discussion Board nembers indicate that membership by councilmen
might represent only that persons district within a city while member-
ship by the mayor should represent .the entire community.
Following discussion. on motion by Supervisor Townsend. seconded by
Supervisor McElwain, and carried, the Board of Supervisors takes off
calendar consideration of the proposed revision to the IMA Joint
Po,.ers Agreement and directs James Fare, Human Resources Agency Admin-
istrator, to determine the opinion of Riverside County and place this
matter back on calendar with a report and recommendation at a later
date.
PASSED AND ADOPTED by the Board of Supervisors of the County of
San Bernardino, State of California by the following vote:
AYES: McElwain, Hansberger, TO'IDsend, Hammock, Hayfield
NOES: None
ABSENT: None
.......
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
} ss.
I, ANDREE DISHAROON, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify
the fore:oing to be a full, true and correct copy of the record of the actioo taken by said Board of Supervisors, by vote
of the members present, as the same appears in the Official Minutes of said Board of its meeting of Hay 5, 1980
Dated: 5/7/80 AD/11m /154
cc: HRA-Fare; Manpower c/o HRA;
Co. Counsel-Strong; Mr. Prince;
S~B.__CikY Clerk; File
14.835-]03 Ra-v. 2/79
ANDREE DISHAROON
Clerk of said Board
ltb~,( tALl) '?; thL;~ '
D~purY' ~
, ,
-
<--,~....'~~--~
.',' . ~~'::'-'",:, ~-: ;)" ~~:.
. ,- '.;'~' '.~'
. /~:"> ,'.-
.' '~:;' ~ ," .
'. ~_. . b '_, .."'
'.'
(.',
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA,
MAY l!!, 1980
MANPOWER: INLAND MANPOWER ASSOCIATION: JOINT POWERS AGREEMENT: OFF
CALENDAR:
The Board considers the memorandum dated May l5, 1980 by the County
Administrative Officer Earl Goodwin relating to the proposed rev.ision
to the Inland Manpower Association Joint Powers Agreement. James Fare,
Human Resources Agency Administrator, states that on May 5th, the Board
asked for information regarding approval by other agencies in the Joint
Powers Agreement for a proposed revision by City or San Bernardino
proposing change' in represent~tion. He states at that time the Board
asked for information regarding approval by other agencies in the Joint
Powers Agreement, City of Riverside has approved the change but County
of Riverside did not approve the request from City of San Bernardino.
At that time," Mr. Fare states, Supervisor McCandless responded to City
of San Bernardino that IMA is going through a period of reconsideration
and reorgani~ation and it is the County of Riverside's desire that all
possible changes to the basic Joint Powers Agreement be considered at
the same time and states that IMA representatives on the Riverside Board
of Supervisors would be happy to discuss the matter with the elected
officials of the City of San Bernardino in more detail.
Supervisor MCElwain states that IMA is hiring a new director who will be
responsible for the proposed reorganization. '
Supervisor Hammock suggests scheduling a session of the partners to the
Inland Manpower Association Joint Powers Agreement for discussion.
On motion by Supervisor McElwain, seconded by Supervisor Hansberger and
carried, the Board of Supervisors removes from calendar the subject I~
Joint Powers Agreement revision and directs that a joint meeting of.the
partners to the agreement be scheduled.
PASSED AND ADOPTED by the Board'of Supervisors. of the County of San
Bernardino, State of California by the following vot~;
AYES; McElwain, Hansberger, Townsend, Hammock
NOES; None,
ABSENT; Mayfield
5/19/80 es 173
14~9S07.103 Rey. 4/80
....... ...' -"'"'~.. ".,....._--""~-.._~.-.~-"' .....;"'.:'-'.';.;.:.,-
. . . . . .
STATE OF CALIFORNIA } $S.
COUNTY OF SAN BERNARDINO _,
I, ANDREE DISHAROON, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify
the fore:~ing to be a full, true and correct copy of th.. record of the action taken by said Board of Supervisors, ~ vote
of the members present, as the same appears in the Official Minutes of said Boa,d of its meeting of May 19, 1980
Dated: May 27, 1980
cc: CAO, Co. Coun.,
San Berdo. City
-
AD/es ANDREE DISHAROON
HRA~Far~, Manpwr" Clerk o;'said Board I!
Clk:., F~le: 7~. /l. A .-1/l A
. .r