HomeMy WebLinkAbout26-Economic Development Agency
. CITY OF SAN BERC)'RDINO - REQUESTQoR COUNCIL ACTION
From:
TIM:JTHY C. STEINHAUS
Adminstrator
Econanic Developnent Agency
Subject: AMEN!:MENT NUMBER ONE (1) TO JOINI'
PCMERS AGREEMENT, CREATIt~ THE
INLAND VALLEY DEVEWPMENl' AU'ffiORITY
Dept:
Date:
January 14, 1992
Synopsis of Previous Council ection:
2/12/90 -- Resolution No. 90-47 creating the Inland Valley Developnent
Authority was adopted.
12/16/91 -- The Mayor and Carmon Council adopted Amendment No. 1 to the Inland
Valley Developnent Authority Joint Powers Agreement in the form
of Resolution No. 91-504.
Recommended motion:
(Mayor and Carmon Council)
Adopt resolution.
$-J=bc
Signature
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Contact person: Timothy C. Steinhaus
Phone:
5081
Supponing data attached: Staff Reporti Amendment Number 1
Ward:
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FUNDING REQUIREMENTS:
Amount: nfa
Source: (Acct. No.1 n/a
(Acct. Descriotionl n/a
Finance: nfa
Council Notes:
75-0262
Agenda Item NO~
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CITY OF SAN BERNA-RDINO - REQUEST FQR COUNCIL ACTION
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STAFF REPORT
~ W. 1 TO AMEH>ID JOINT EXERCISE OF FamRS
l\GREEMfNI' amATJN:; 'mE INU\ND VALLEY DEVEIDIM;NI' All'nDUTY
Backqround
The Inland Valley Develoj:Xllent Agency (IVDA) was previously fonned by and amongst
the City of San Bernardino, the County of San Bernardino, the City of Lema Linda
and the City of Colton. It was fonned for the purpose of detennining whether
the redeveloj:Xllent of Norton Air Force Base (NAFB) and properties adjacent 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 Redeveloj:Xllent
Plan for the Inland Valley Redeveloj:Xllent Project.
In connection with the fonnation 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.
Analysis
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 Agree-
ment 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
Amendment Joint Exercise of Powers Agreement, any actions of the IVDA would
require the affinnative 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 fran the membership of the Board. The Amendment also delineates
the powers and authority of the Chainnan and other officers of the IVDA Board.
In order for the proposed Amendment to becane effective, each of the Members
to the IVDA must individually approve the Amendment. Therefore, the IVDA has
requested that the City of San Bernardino approve the tenns and provisions of
the proposed Amendment which is attached to the above referenced Resolution.
Staff Reccmnendation
The Staff reccmnends adoption of
_ Re=luti~~
Timothy C. Steinhaus, Administrator
Econanic Developnent Agency
Action to be
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To be Published:
Newspaper:
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MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO
AGENDA
January 21, 1992
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
Exhibit "A" - Amendment No. 1 to Amended
Joint Exercise of Powers Agreement
Adopt Resolution and Amendment No. 1
N/A
N/A
Certified copy of Resolution to be returned to Sabo & Green, A
Professional Corporation.
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RESOLUTION NO.
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, gt.
11 sea., of the California Government Code; and
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13 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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19 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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25 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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be followed in connection with the Authority's various activities
and actions; and
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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 III
WHEREAS, a copy of the proposed amendment entitled
Amendment No. 1 to Amended Joint Exercise of Powers Agreement
("Amendment No.1") is attached hereto as Exhibit "A" and
incorporated herein by this reference; and
WHEREAS, in accordance with the provisions of the
Amended Joint Exercise of Powers Agreement, any amendments to The
Amended Joint Exercise of Powers Agreement require the approval
of the Members of the Authority and, accordingly, the Authority
has requested that the City approve Amendment No.1; and
WHEREAS, the City has previously approved an alternate
version of Amendment No. 1 which did not contain all of the
changes requested by the Authority and, accordingly, the city now
deems it necessary to rescind its prior approval of the first
version of Amendment No. 1 which was accomplished pursuant to
City Resolution No. 91-504.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1 the action taken pursuant thereto shall be of no further force or
2 effect.
3 SECTION 2. The Council hereby approves Amendment
4 No. 1 to Amended Joint Exercise of Powers Agreement as attached
5 hereto as Exhibit "A" and incorporated herein by this reference
6 with any such non-substantive changes as may be approved by the
7 Mayor and City Attorney.
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SECTION 3. The Mayor and city Clerk are hereby
authorized to execute the Amendment No. 1 to Amended Joint
Exercise of Powers Agreement on behalf of the City and take all
such other action as may be necessary in order to implement the
provisions of Amendment No. 1 to Amended Joint Exercise of Powers
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 AND RESCINDING ITS RESOLUTION NO. 91-504
3 AND CERTAIN PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH
4 SECTION 4. This Resolution shall take effect upon
5 its adoption.
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I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of
9 San Bernardino at a
meeting thereof, held on
, 1992, by the following vote, to
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11 wit:
day of
12 Council Members:
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ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing
day of
resolution is hereby approved this
, 1992.
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Mayor of the City of
San Bernardino
24 Approved as to form and legal content:
JAMES F. PENMAN
25 city Attorney
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By: / ./
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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
day of , 1992.
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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.
Purtlose 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 1.01Cel.
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.
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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: Annrovals. 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)
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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 from among all Board Members one
Board Member to be Chairman and one Board Member 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, including, but not limited
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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:
The Agency shall have the power by an affirmative vote of
a majority of the Board Members representing Members and New
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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.
9. Authorization to PreDare ComDosite Aareement. The
appropriate personnel on behalf of the Agency are hereby authorized
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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 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.
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CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
city Clerk
Approved as to Form:
~~~
&y Attor
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CITY OF COLTON, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
city Attorney
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CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
Dated:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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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
CSBOIOOO6IDOCII29A
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