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Home My WebLink About1985-227 1 RESOLUTION NO. 85 227 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE 3 COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, 4 REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS .OMNITRANS" WHICH 5 CHANGES THE CALCULATION OF WEIGHTED VOTE ENTITLEMENTS OF MEMBER AGENCIES. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby 9 authorized and directed to execute on behalf of said City an 10 Amendment to Joint Powers Agreement between the County of San II Bernardino and the Cities of Chino, Colton, Fontana, Grand Terrace 12 Lorna Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto 13 San Bernardino and Upland creating a countywide transportation 14 authority to be known as "Omnitrans. which changes the IS calculation of weighted vote entitlements of member agencies, a 16 copy of which is attached hereto, marked Exhibit "A" and 17 incorporated herein by reference as fully as though set forth at 18 length. 19 I~HEREBYCERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a reaular meeting thereof, held on 22 the 17th day of June , 1985, by the following vote, 23 to wit: 24 AYES: Council Members Estrada. Reilly Hern~nne~ 25 ~larks, Ouielo Frazier. Strickler 26 NAYS: None 27 ABSENT: None 28 ~L@A'{.ay/ ./ City Clerk , 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 The foregoing resolution is hereby approved this Ird day of .111n~ , 1985. Approved as to form: Ci~~~~ Mat~&~ft'&t.~<':n.tdino -2- ., , -' ~ ;/ .~.... , . AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS .OMNITRANS. THIS AGREEMENT AMENDMENT, dated for convenience on the 1st day of October, 1984, is entered into by and between the COUNTY OF SAN BERNARDINO and the CITIES of CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of which are bodies politic in the State of California. WIT N E SSE T H: WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNITRANS Joint Powers Agreement to provide for changes to the calculation of weighted vote entitlements of member agencies of OMNITRANS7 NOW, THEREFORE, the parties to the OMNITRANS Joint Powers Agreement agree as follows: 1. Section 3.B. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to read as follows: .Section 3.B. Voting. Each member of the Board of Directors shall have one vote, provided, however, that upon the call of any Board member, a weighted voting shall be used with weighted votes calculated as follows: Weighted vote entitlements shall be calculated . ::. based upon population. Each member agency shal~ g:: m receive one vote for each one percent (1%> of t~ ~ total population of the OMNITRANS service area that? \0 C"') resides within the member agency's jurisdictional --! -0 -. ..t:::.. ,~ (:) ~ Page 1 Sf 5 "" " '.,t... .j-' area. If the population percentage computation of a member agency results in a partial vote, the weighted vote calculation shall be made by rounding upward for population calculations of one-half percent (1/2%> or more, and rounding downward for population calculations of less than one-half percent (1/2%) except that no member agency shall have less than one vote when weighted voting occurs. The Controller shall compute the weighted vote entitlement for each member agency as of the preceding July 1st based on the most recent Department of Finance Population Statements. The entitlement for the County of San Bernardino shall be determined by utilizing the most recent County Planning Department information indicating the percentage of unincorporated population of the County residing within the service area of Omnitrans. In the event that the .off the top. funding method first approved by the Omnitrans Board of Directors for the 1983-84 fiscal year is no longer used by Omnitrans, then weighted voting entitlements shall thereafter be calculated in the manner that existed prior to this Amendment to the Omnitrans Joint Powers Agreement. Weighted vote entitlements of each member agency shall be computed by the Controller designated in Section 3.D. of this agreement and such computations will control in determining weighted votes. The weighted votes to which the County is entitled shall be divided equally among those Supervisors present. The weighted votes of any single representative shall not be split. The weighted voting of any single member agency shall not, of itself, constitute a majority vote. A quorum shall consist of a majority of the Page 2 of 5 ." "I~' membership of the Board of Directors, except that all County representatives on the Board of Directors shall be counted as one for the purpose of establishing a quorum. Less than a quorum may adjourn from time to time. All actions taken by the Board shall require a majority vote of the members present, with a quorum in attendance, provided, however, that adoption of By-laws, Amendment of By-laws, adoption of an annual budget and such other matters as the Board may designate shall require a majority vote of the entire membership of the Board (majority of total weighted votes of all parties if weighted voting is called for). An abstention shall be.considered neither an affirmative nor a negative vote, but the presence of the member abstaining shall be counted in determining whether or not there is a quorum in attendance.- 2. All other provisions of the Omnitrans Joint Powers Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date and year first above written. Dated: COUNTY OF SAN BERNARDINO ATTEST: Clerk of the Board Chairman, Board of Supervisors Dated: s/~{)./ PC- ~ CITY OF CHINO h!!!o~ ATTEST: ~ City Cl~rk Page 3 of 5 . 'I' Dated: 12-.5-rl/ AT~ST: ~ .>1 ~-)~. City Clerk Dated: Dated: nrtnh.... ?q, lqR4 ATTEST:))) ~ .~ ~(j City Clerk ~ Dated: February 12, 1985 ~ST: -v~/ *.-7M.I- /J~ Ci ty Clerk ( puty) A Dated: JII----r' ~ lyRf ATT~[>a~ City Clerk Da ted: In, 30, /93S ~TT;EST: 0 2~ 'e V-ili..J.'.. ~ City Clerk ' CITY OF COLTON ~'~r C Y OF FONTANA li:'~\ ~ Ma or CITY OF LOMA LINDA ~~ /rJ/!~ Mayor CITY OF MONTCLAIR W-...A./)h .cjI~,..~ Mayor 'N. T. CITY OF ONTARIO CITY OF RANCHO CUCAMONGA ~M4 Mayor Page 4 of 5 ""\ M . r ~. ~ : ~,... . ~ Dated: l.... ~-05'-1l"~ ATTESJt~. ' Ci t)/ "'CJ.eJ;~ i Dated: -c:1~. CITY OF REDLANDS ~& &~~ Mayor CITY OF RIALTO 4.d"c~ ../ Mayor ATTEST: ~ , ~~ CIty" er ~~/~C;- CITY OF SAN BERNARDINO Dated: \o\~ Page 5 of 5 '. .. omnltRllnll (i) May 14, 1985 Jack Matzer, City Administrator City Hall 300 North "D" Street San Bernardino, California 92418 Dear Mr. Matzer. At the meeting of the Omnitrans Board of Directors held on the 10th day of October, 1984, said Board approved an amendment to the Omnitrans' Joint Powers Agreement, Section 3.B., WEIGHTED BALLOT, to be based upon population. Enclosed is the agreement, together with the breakdown of the weighted vote, which must be approved by your City Council. After approval has been given by your Council, please affix your signature, and that of your City Clerk. After this document has been fully executed, a copy will be returned to your office. Very truly yours, ~~~~~ GENERAL ~~~~, REC:mrc Encls. 1700 WEST 5TH STREET -SAN BERNARDINO, CALIFORNIA 92411 -TELEPHONE (714) 889,0811 , .. .. 0111111 . PUBLIC ...nclI (i) October 18, 1984 ~, ~A1 .,-(/~ \/ Ma'{Q':~~~" L' Grand Terrace City Hall 22795 Barton Road Grand Terrace, California 92324 Dear Mayor Grant: At the meeting of the Omnitrans Board of Directors held on the 10th day of October, 1984, said Board approved an amendment to the Joint Powers Agreement, Section 3.B., Weighted Ballot, to be based Upon population. Enclosed is the agreement, together with the breakdown of the weighted vote, which must be approved by your City Council. After approval has been given by your Council, please affix your signature, and that of your City Clerk's. Please notify this office when this document has been fully executed. Your very truly, ~~ ROBERT E. CHAFI GENERAL MANAGE REC: mrc y'/ "{! ..'/ , . 1/' /' l -:' f fll. , . Encls. , 1700 WEST 5th STREET. SAN BERNARDINO. CALIFORNIA Q?," 1 . TI:. I:"u"..~ ,~. .. ___ u . , ...., .. . ~. '. .' OlnnltRllnll INTER.OFFICE MEMO . : DATE: September 28, 1984 TO: Members of OMNITRANS 80ard of Directors FROM: Warren A. Knudson, c.mlTRANS Controller SUBJECT: OMNITRANS Board Weighted Yote Board action on May 4, 1983, required that the weighted vote cal- culation be based upon POPUlATION within a two year period. To com- ply with the stated Board action, a new calculd~ion of the weighted vote has been made. Attached is a schedule comparing the new calculation to the IIOst recent weighted vote calculation (population/assets). Below is the proposed weighted vote by jurisdiction: San Bernardino County 22 Chi no 6 Colton 3 Fontana 6 Grand Terrace 1 Loma Linda 1 Montclair 3 Ontario 13 Rancho Cucamona 8 Redl ands 6 Rial to 6 San Bernardino City 17 Upland J. T~l 100 P/-- ~J: "L Warren A. Knudson OMNITRANS Controller WAK:rw Attachment 1700 WEST 5TH STREET-SAN BERNARDINO, CALIFORNIA 92411-TELEPHONE (714) 8B9,0811 ~J ii!~ ~~~~~~~~~S~~~ i ! 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