Loading...
HomeMy WebLinkAbout16-City Administrator IIIIIL - ^".. , . CITY OF SAN BI!RNOIDINO - RI!QUI!ST lOR COUNCIL ACTION From: JAMES E. ROBBINS Subject: Termination of 5 Cities Eonomic Development Authority ~: CITY ADMINISTRATOR DlIt8: 3-1-89 -rf9 Synopsis of Pnlvious Council ection: 10-4-78 Resolution No. 13457 approved authorizing execution of JPA for implementation of 5 Cities Economic Development Authority. Recommended motion: Adopt .Reso1ution. ~ (j);1-;:: Signature Contact person: JAMES E. ROBBINS Supporting data attached: YES Phone: 5122 Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriDtionl Finance: Council Notal: '7~_n""'7 Agenda Item No /~ . CITY OF SAN BERNJiDlNO - RI:QUlEST F~ COUNCIL ACTION STAFF REPORT On October 4, 1978, the city by action of the Mayor and Common Council entered into a Joint Powers Agreement with the cities of Fontana, Rialto, Colton and Redlands to create the Five City Economic Development Authority. We have been notified that agreement exists between the five members that the purpose for entering into the agreement has been fulfilled and there is mutual intent and desire to terminate agreement and dissolve the Authority. (Attachment B). The proposed resolution is the mechanism for terminating the agreement and dissolving the AuthQrity. It provides for the disposition of assets in accordance with the terms of the Agreement establishing the Authority. An money or real or personal property shall be returned to the respective party in the same proportion as provided to the Authority by the city. It is anticipated that the City will ,receive no refund. In that there terminate and you adopt the is concurrence dissolve, it is resolution. by all involved cities to respectfully recommended that 000002 '3/1147 .....=-n"l<l:A . 10 11 12 13 14 15 16 o o 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT. 5 6 WHEREAS, on October 24, 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development 7 Authority; and 8 9 WHEREAS, the purpose of that Joint Powers Agreement has been fulfilled and the parties wish to terminate the Agreement and to dissolve the Five City Economic Development Authority. NOW THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of San Bernardino that the Agreement for Termination of Joint Powers Agreement attached hereto as Exhibit "A" is hereby approved and adopted and the Mayor is authorized to. execute the Agreement on behalf of the City. ADOPTED this day of . 1989. 17 18 EVLYN WILCOX, Mayor 19 City of San Bernardino 20 ATTEST: 21 22 City Clerk, City of Bernardino 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: 28 1 . o o AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT This Agreement is entered into this ___ day of , 1989, by and between the City of Fontana, the City of Rialto, the City of Colton, the City of San Bernardino, and the City of Redlands (hereinafter "the parties") . RECITALS 1. On October 4, 1978, pursuant to Title 1, Divi- sion 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California, the parties entered into a Joint Powers Agreement for Implementation of Economic Development Action Program (hereinafter the "Joint Powers. Agreement" or "Agreement"). The purpose of the Agreement was to provide a united, coordinated, orderly, positive and effective means for implementing and carrying into execution an economic development action plan and strategy for the general benefit of the parties. 2. Article III, Section 3.01 of the Joint Powers Agreement created a public entity to be known as the "Five City Economic Development Authority" (herein called "Authority"). The Authority was to be responsible for administering the Joint Powers Agreement. - . o o 3. Article IX, Section 9.01 of the Joint Powers Agreement states that the agreement may be terminated upon the agreement of all of the parties. 4. The parties recognize the fact that the purpose of the Joint Powers Agreement was to coordinate efforts in order to solve economic problems in their areas that could not be adequately met by individual public agencies acting alone. The parties also recognize that the purpose of the Joint Powers Agreement has been fulfilled and therefore wish to terminate the Agreement and to dissolve the Five City Economic Development Authority. NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Recitals. The above recitals are true and correct. 2. Termination of Agreement. The Joint Powers Agreement creating the Five City Economic Development Authority is hereby terminated. 3. Disposition of Assets. In accordance with Article IX, Section 9.02 of the Joint Powers Agreement, any surplus money of the Authority shall be returned to the respective parties in the same proportion that the total of all amounts paid by each party pursuant to Article VII of the Agreement bears to the total of such amounts paid by all the parties. All property of the Authority, both real and personal, shall be divided among the parties in the same proportion. -2- . o o 4. Filing of Dissolution. As soon as the assets of the Authority have been distributed in conformity with this Agreement, the Secretary of the Authority shall cause an executed copy of this Agreement to be filed with the Secretary of State of the State of California, and to do,all things necessary or convenient to effect the dissolution of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper offices thereunto duly authorized and their official seals to be hereto affixed. . ATTEST: CITY OF FONTANA City Clerk By: (Seal) ATTEST: CITY OF RIALTO City Clerk By: (Seal) ATTEST: CITY OF COLTON City Clerk By: (Seal) -3- ~ . - JU . o ATTEST: l& & - o CITY OF SAN BERNARDINO City Clerk (Seal) ATTEST: By: CITY OF REDLANDS City Clerk (Seal) APPROVED AS TO FORM AND LEGAL CONTENTA -4- DMT0168 By: . - - l - J. ~ . 0 0 BEST. BEST & KRIEGER A MIn'N.....'.. '"CWD'... I"RO"US.ON"'L co,,~nOM. LAWYERS ...00 MISSION SOUARE 37150 UNIVERSITY AVENUE POST O""'CI: BOX IOZ8 RIVERSIDE, CALIP'ORNIA 82802 TELEPHONE (71<4) 888-'4150 TELECOPIE" (7'''') 888-3083 AMHUR L. L1TTLEWQRTH* WILLIAM W. "LO'I'O. JR. GLIN E. STEJIlHE-NS* MICHAEL A. CRISTE. 'MWAM R. O.WOllE" GREGORY L. H"RDKE IlARTON C.GAU'. KENDAl-L H. MAcYEY CHARLa D. FIELD. CLARk H. ALSOP PAUL T. SELlER" DAVID J. EJMIH.. DALLAS HOLMES" MICHAEL J.ANDEUlON* C"'''STO''HER CARPEHTDlfrOOUOLAS S. "HILLIPS. RICHARD T. ANDERSON" CHARLES M. ELLIS. JOHN D. WAHLIN" LANTaoN E. ELDRED" MICHAEL O,HARRI.' '''''''N-L.OOLOS W. CURT EALY* AHTONtA Q. WEINER THOMAS S. SLO'tNC... GREGORY K. WILKINSON JOHN E. .IIOWH* W'l'NNE S.ruMH RONALD J. f<<)HUT DAVID L. aARON MICHAEl.: T. RIDDELL.. VIRGINIA A. ETTINGER MEREDITH A. JURY" EUGENE TANAkA MICHAEL ORAN'* ~IL T. CHAPMAN 'ItANC'S j.IlAUM. TIMOTHY M.CONNOR- ANNE T. THO"'....'" VICTOR L. WOL" O. MARTIN NETHERY. DANIEL E. OLIVIER GEOItGE M. REYES DANIEL ... MtHUGH CARL F. HERBOLD KANDY LEE ALLEN STEPKANIE It. HARLAN ELISE K. TRAYNUM MARC E. EMPEY DAVID A. BRANDENBURG JOHN R. ROTTSCHAEFER WILLIAM D. DAHL1NG. JR. MARTIN A. MUELLER TERESA ..I. PRIIITO.JItOVIC ..I. MICHAEL "MMEROUR VICTORIA N. KINe; HOWARD e. GOLDS BETTY S. N. AUTON MARGARET f'. TAHAKA MATT H. MORRIS JE,.f'ERY J. CRANDALL JEFf'RE'f' V. DUNN SCOTT C. SMITH JAMES E.NEUERBURG LANCE A. ADAIR STEVEN C. DdAUN .JACK B. CLARKE BRANT H. DYEIRIN JEANNETTE A. PETERSON ERIC L. NANER TERI L. VOLLNOGLE ' DENNIS M. COTA ....RBARA E. KAISTAL .AlAN M. LEWIS GEORGE H. CHANT III RONALD A. VAN BLARCOM BRADLEY E. NEUFELD CECILIA $. WU MICHAEL E. HULME.JR. GEOF'FREY It. WILLIS GORDON COLOGNE. 0" COUN.EL. ,JAM.." co....o... 0,. eoUN.CL. "ICK.....D .... OSK...... 0,. COYNS.L ADMlna. 1M NCW l'OMo fR....DA. ....aMI"'GTOfoI, D.C. CO"""" Of' CLAIM. AA'tMOND eESTe'...-'IS7) JAMES H. KRIEGER ('113'11715) EUGENE BEST ('.'3 ."8~ OI",..CEeIN .....u.. .....INO. (.11) HS'?'" ""'NeKO. MIItAOE (.11' ......11 ONT"'''IO {'J'I'" ......... ....N DIEGO (all} ..S?....S 1fA ~1'OI..C...O""L. COfllOOltATION February 13, 1989 Shauna Clark City Clerk City of San Bernardino 300 N. "0" Street San Bernardino, CA 92418 Dear Ms. Clark: This firm has represented the City of San Bernardino as a participant in the Five City Economic, Development Authority litigation. Following the settlement of the litigation, the Board of Directors determined that it would be in the best interest of the parties to the original Joint Powers Agreement to terminate the agreement and dissolve the joint powers authority. We are agreement to terminate the joint powers authority. enclosing for adoption by your council a resolution adopting an Please calendar the resolution for Council action at the earliest opportunity and copy of the Agreement. forward to us an executed copy of the resolution and an executed Yours truly, ~~.:\i- for Best, Best & Krieger :QJ ,~ SCS/ph Enclosures - . -0 .' ~ (") m <: m <::I I (") ~ -< (") ,... m ;:Q ?l; .:..l Ul - 10 11 12 13 14 IS 16 . w - - II - . '\ . I o o 1 RESOLUTION NO. /3:J'S-7 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOn~T r'<Y.'1ERS AGREEMENT WITH THE CITIES OF REDLANDS, 3 FONTANA, RIALTO, AND COLTON FOR THE IMPLEMENTATION OF AN ECONOMIC DEVELOPMENT ACTION PROGRAM. 4 WHEREAS, the five cities of Redlands, Fontana, Rialto, Colto , S 6 7 8 9 and San Bernardino have been awarded an Economic Assistance Grant under Title IX, Section 903 of the Public WOrks and Economic Development Act of 1965, as amended1 and WHEREAS, the provisions of Title 1, Division 7, Chapter 5 Section 6500 et seq. of the Government Code of the State of 17 18 California authorize the joint exercise by agreement of two or IlDre public agencies of any power cOllllOOn to them1 and WHEREAS, the special terms and conditions of said grant re- quire the grantees to submit a joint powers agreementl and WHEREAS, the purpose of said agreement is to establish a governing body to develop or carry out a plan of economic adjust- ment for any of the following: planning, technical assistance, research, training, public facilities, public services, or other appropriate assistance to administer an approved plan for the five cities. 19 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized to execute on behalf of said City a joint powers agreement with the Cities of Redlands, Fontana, Rialto, and 23 24 2S 26 Colton establishing the Five City Economic Development Authority, a copy of which is attached hereto, marked Exhibit "A" and in- corporated herein by reference as fully as though set forth at 27 28 ~ length. . - o o 1 SECTION 2. Edward S. Wheeler, Jr. is appointed as a voting 2 member of the governing board and authorized to serve as defined 3 in the Joint Powers Agreement of the Five City Economic Develop- 4 ment Authority to represent the City of San Bernardino. S SECTION 3. Ray Resendez of the San Bernardino Economic 6 Development Council is appointed as staff representative for the 7 City of San Bernardino to serve the governing board. 8 I HEREBY CERTIFY that the foregoing resolution was duly 9 adopted by the Mayor and COllllllOn Council of the City of San 10 ~? / U-t!I~LA.;/ day of / Al~_~ meeting thereof, held , 1978, by the following 11 Bernardino at a on the ~~ 12 vote, to wit: 13 14 IS 16 17 18 19 20 of 21 22 'I I 23 I I I 24 2S 26 27 28 AYES: Co:z; :f::~J.~~~~ r1,~;R-u.l it1,~.) ~./ NAYS: ABSENT: _ -L'~VN~~er~1f~ - resolution is hereby approved this ~,"7(.' day , 1978. The foregoing (fe~ San BernardJ.no r- i _f r , · E ~ I ~ a.J! to form: ~ "C-I - 'J 10',W -..,.' 1..) ,..,.v CITY CLr.::Ri<S CFF:CE (!;..,:It -2- . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 - o o Five original counterparts one each to Rialto, Colton, Fontana, Redlands, San Bernar dino. 1 2 3 4 JOINT POWERS AGREEMENT FOR IMPLEMENTATION OF ECONOMIC DEVELOPMENT ACTION PROGRAM THIS JOINT POWERS AGREEMENT, is made and entered into thi s 1- day of October, 1978, by and between the CITY OF FONTANA, a municipal corporation, hereinafter referred to as "FONTANA", the CITY OF RIALTO, a municipal corpora- tion, hereinafter referred to as "RIALTO", the CITY OF COLTON, a municipal corporation, hereinafter referred to as "COLTON", and CITY OF SAN BERNARDINO, a charter city, hereinafter referred to as "SAN BERNARDINO", and the CITY OF REDLA.'lDS, a municipal corporation, hereinafter referred to as "REDLANDS", and 27 28 hereinafter collectively referred to as "the parties hereto." RECITALS: This Agreement is made with knowledge of and in reference to the following facts: (a) The Congress of the United States has heretofore enacted the PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, and particularly TITLE IX thereof, which provides for the Special Economic Development and Adjustment Assistance Program, the purpose of which is to establish new, and more effec- tive, domestic aid programs for areas of high unemployment and limited indus- trial developments in which local funds for development are limited. b) Recognizing the fact Federal programs under the said Title IX are legally and administratively complex and impose substantial demands on local leadership and staff resources; and a more area-wide coordinated and united organizational structure is needed to make the most effective use of such federal domestic aid programs and particularly to implement and carry out this area's proposed Title IX projects, the parties hereto, on July 28, 1978, entered into a Memorandum of Understanding for the purposes of pooling their re sources to apply for.a planning grant under said Title IX. (c) The necessity for additional and improved public facilities and - 1 - . JIIII .Jl J .d. .II -. . o o 1 services, stimulation of public and private economic development activities, 2 initiating new and more effective financial assistance procedures and mechan- 3 isms, as required for further pUblic and private economic development programs 4 and projects, presents problems which, on the basis of past experience, cannot 5 be adequately met by individual public agencies in this area acting alone. 6 (d) Pursuant to the joint effort arising from the Memorandum of Under- 7 standing of July 28, 1978, the U.S. Department of Commerce, Economic;: Developnte1 , 8 has offered to the parties (represented by Fontana), Economic Adjustment Grant 9 No. 07-09-02069 "to enable the Grantee to carry out the objective of the Act by 10 developing a comprehensive economic adjustment program to redress an actual or 11 threatened economic dislocation or other adjustment problem for the area of .12 Fontana, Rialto, Colton, San Bernardino and Redlands, California." 13 (e) The parties hereto have the common power to perform the kind of 14 functions and services as hereinafter described within their respective juris- 15 di cti ons. 16 (f) The parties hereto recognize that the economic problems in this 17 area, and within their respective jurisdictions, require that the said parties 18 coordinate their efforts in solving such economic problems by entering into 19 this Agreement to provide for the joint exercise of their said powers in imple- 20 menting the Title IX planning project described in subparagraph (d) above, and 21 the comprehensive economic adjustment program, all in accordance with the afor 22 said Special Economic Development and Adjustment Assistance Program enacted by 23 Congress in 1974. In carrying out these stated objectives, it is necessary to 24 2S 26 officially establish the Joint Powers Authority pursuant to the July 28, 1978 ~~morandum of Understanding, and to establish the structure of the GOVERNING BOARD of said joint powers authority by entering into this Joint Powers Agree- ment. 27 28 - 2 - " . 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 ,- - .., o o (g) This Joint Powers Agreement is authorized by the provisions of Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of C~lifornia which authorizes the joint exercise by agree- ment of two or more public agencies of any power common to them; NOW, THEREF6RE, IT IS AGREED AS FOLLOWS: ARTICLE I - DEFINITIONS SECTION 1.01. GENERAL. Unless the context otherwise requires, the words and terms defined in this ARTICLE shall, for the purposes hereof, have the meanings herein speci fied. SECTION 1.02. ACT. ACT means Title I, Division 7, Chapter 5 (commenc- ing with Section 6500) of the Government Code of the State of California. SECTION 1.03. ADMINISTRATIVE EXPENSE. Administrative expense means , those sums of money required to be expended by the joint powers authority hereby created (and hereinafter called the AUTHORITY) from an administrative expense fund to be established and maintained by the AUTHORITY to finance those costs of administering this Agreement and for carrying out the powers and functions authorized in this Agreement. SECTION 1.04. AUTHORITY. AUTHORITY means the FIVE CITY ECONOMIC DEVELOPMENT AUTHORITY created pursuant to this Agreement. SECTION 1.05. FISCAL YEAR. Fiscal year means the period from July 1 to and including the following June 30. SECTION 1.06. GOVERNING BOARD. GOVERNING BOARD means the GOVE~~ING BOARD of the AUTHORITY established pursuant to this Agreement. SECTION 1.07. STATE. State means the State of California. - SECTION 1.08. PROJECT PROGRESS. PROJECT PROGRESS means the Economic 27 Development Action Plan and Strategy for the five cities which are parties hereto, to be described in the Plan and Report to be prepared by means of the above mentioned Development Grant from the Economic Development Administration, 28 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 , o o and including the further detailed planning, designing, engineering, contruc- tion, leasing, selling, operation and maintenance of the specific facilities and projects described in said Plan and Report, or that portion of such functions, services and activities as are within the legal power and authority of one or all of the parties hereto, and further including all legal, adminis- trative, financial and technical services and activities connected therewith. SECTION 1.09. DIRECTOR. A'Director may be duly' appointed by the' Gove ning Board of'the Authority and shall not be a member of the Governing Board. ART! CLE II ' PURPOSE SECTION 2.01. PURPOSE. It is the purpose of this Agreement to provid a united, coordinated, orderly, positive and effective means for implementing and carrying into execution an Economic Development Action Plan and Strategy for the general benefit of all of the people of the five cities which are parties hereto, as such Plan and Strategy is more particularly described in this area's PROJECT PROGRESS program outlined in said Economic Development Action Plan and Strategy to be prepared with federal financial assistance provided by the Economic Development Administration under Title IX of the Public Works and Economic Development Act of 1965. This AUTHORITY is vested with power (1) to effectively implement, coordinate and administer the Economic Development Action Plan and Strategy above referred to, in accordance with the purpose and intent of the Special Economic Development and Adjustment Assistance Program enacted by Congress in 1974 as Title IX of the Public Works and Economic Development Act of 1965, as amended; and (2) to establish appropriate operating committees and special commissions to assist th~ AUTHORITY in carrying out the foregoing purposes and to assist the AUTHORITY in implementing economic development projects and programs to improve the quality of life in the area. . . - 4 - 1 2 3 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 . . o o ART! CLE I II FORMATION AND ORGANIZATION SECTION 3.01. CREATION OF AUTHORITY. Pursuant to the ACT, there is hereby created a pub1 ic entity to be known as the "FIVE CITY ECONOMIC DEVELOP- MENT AUTHORITY", herein called "AUTHORITY". The AUTHORITY is a public entity separate and apart from any or all of the component cities and shall administe this Agreement. SECTION 3.02. GOVERNING BOARD. The AUTHORITY shall be administered by a GOVERNING BOARD of five (5) members. One (1) member shall be appointed by the Mayor and City Council of each of the five cities which are parties hereto, and each member shall be the Mayor or a member of the City Council of the City such member represents, provided, however, that any member may appoint a'deput to represent such member at meetings of the GOVERNING BOARD. The GOVERNING BOARD shall be called the "GOVERNING BOARD OF THE FIVE CITY ECONOMIC DEVELOP- MENT AUTHORITY". All voting power of the AUTHORITY shall reside in the GOVERN- ING BOARD, but may be exercised on behalf of any member by stich member's duly appointed deputy. Each member of the GOVERNING BOARD shall serve at the pleasure of the authority that appointed him. Each member shall cease to be a member of the GOVERNING BOARD when he ceases to hold office on the governing board of the authority that appointed him. Vacancies on the GOVERNING BOARD shall be fil1e by the respective appointing .parties. Any member of the GOVERNING BOARD of the AUTHORITY may be removed at any time in the same manner as he was appointed. A. The members of the GOVERNING BOARD that will take office immediately upon the execution of this Agreement by the cities which are partie hereto, and whose selection and appointment is made and confirmed by the respective governing bodies of the several cities by execution of this Agree- ment, are as follows: - 5 - . 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 - - o o FONT ANA RIALTO GERALD R. EAVES, Councilman COLTON FRANK A. GONZALES, Mayor SAN BERNARDINO F.!1WAll.1J s. ''}IF.F.J.Ell. J'l.., CouncilJrlan REDLANDS B. A member of the City Council of any city which is a party here- to may be appointed and serve simultaneously as a member of the GOVERtIING BOARD of the AUTHORITY. C. No person, while serving as a member of the GOVERHING BOARD of the AUTHORITY, shall be eligible to be appointed to any salaried office or employment in the service of the AUTHORI~, nor shall such person become eligible for such appointment within one year after he has ceased to be a member of the GOVERNING BOARD of the AUTHORITY. D. The members of the GOVERNING BOARD of the AUTHORITY shall serve without compensation. This shall not affect in any way remuneration received by a local public official who, in addition to his responsibilities as a local public official, serves as a member of the GOVERNING BOARD of the AUTHORITY, or as a deputy to a member. All members of the GOVERNING BOARD of the AUTHORITY, or their duly appointed deputies, may be reimbursed for reasonable and neces- sary expenses incurred in the performance of thei r duties as such members. Re- imbursement of expenses shall be subject to approval of the GOVERNING BOARD of the AUTHORITY. SECTION 3.03. REGULAR MEETINGS. The GOVERNING BOARD shall provide for - 6 - . o o 1 its regular meetings; provided, however, that at least one regular meeting '. 2 shall be held once each month. The date, hour and place of the holding of 3 I regular meetings shall be fixed by resolution of the GOVERNING BOARD, and a I copy of such resolution shall be filed with each party hereto. I SECTION 3.04. RALPH M. BRm~N ACT. All meetings of the GOVEm~ING BOARD I 6! including, without limitation, regular, adjourned regular and special meetings, I shall be called, noticed, held and conducted in accordance with the provisions IOf the RALPH M. BROWN ACT (commencing with Section 54950 of the Government Code 1 IOf the State of California). SECTION 3.05. MINUTES. The Secretary of the AUTHORITY shall cause to 4 5 7 8 9 10 11 be kept minutes of the meetings of the GOVERNING BOARD and shall, as soon as 12 possible after each meeting, cause a copy of the minutes to be forwarded to 13 each member of the GOVERNING BOARD and to each member ci ty. 14 SECTION 3.06. 9UORUM. Three (3) members of the GOVERNING BOARD shall IS constitute a quorum for the transaction of business, except that less than a 16 quorum may adjourn, from time to time; provided that the affirmative vote of 17 at least two (2) members of the GOVER~ING BOARD shall be necessary for the 18 approval of any acti on of the GOVERNING BOARD. 19 SECTION 3.07. RULES. The GOVERNING BOARD of the AUTHORITY may adopt, 20 from time to time, such rules and regulations for the conduct of its meetings 21 and affai rs as are necessary for the purposes hereof. 22 23 24 SECT!ON 3.08. OFFICE. The GOVERNING BOARD of the AUTHORITY may estab- 28 1ish and maintain an office within the area as it deems will best facilitate I the accomp1 ishment of the objecti ves and purposes of the' AUTHORITY. I , , I , II shall encompass all of the territory within the geographi ca1 boundaries of the 11 :!member cities provi ded, however, that such boundaries may be extended to inc1 ud 'I II ~unincorporated territory by unanimous consent of the GOVE~~ING BOARD. ~ - 7 - " 25 26 SECT!ON 3.09. BOUNDARIES. The FIVE CITY ECONOMIC DEVELOPMENT AUTHORIT 27 .. 10 11 12 13 14 IS o o 1 2 ART! CLE I V - OFFI CERS MID EllPLOYEES , SECTION 4.01. CHAIRMAN, VICE-CHAIRMAN ~~D'SECRETARY. The GOVERNING 3 BOARD shall elect a Chairman and Vice-Chairman and shall appoint a Secretary 4 who may, but need not, be a member of the GOVEmlING BOARD. The officers shall S 6 7 8 9 perform the duties normal to said offices; and A. The Chairman shall sign all contracts on behalf of the AUTHORITY and perform such other duties as may be imposed by the GOVERNING BOARD. B. The Vice-Chairman shall act, sign contracts, and perform all of the Chairman's duties in the absence of the Chairman; and C. The Secretary shall countersign all contracts on behalf of the AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD, and keep minutes of all meetings and cause a ,copy of the minutes to be forward- ed to each of the members of the GOVERNING BOARD and to each member CITY. SECTION 4.02. TREASURER. The Treasurer of r.ity of Fontana 16 is hereby designated as the Treasurer of the AUTHORITY and as the depositary 17 to have custody of all the money of the AUTHORITY from whatever source. The 18 19 20 21 22 23 24 2S 26 Director of Finance of ri-ty n<f J:'nntan;l is hereby designated as the Auditor-Controller of the AUTHORITY. The Treasurer and the Auditor-Controller 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 report of all receipts and disbursements of the AUTHORITY. The City Council of the City whose Treasurer is serving as Treasurer of of the AUTHORITY shall determine the reasonable charges to be made against the AUTHORITY for the services of the Treasurer and Auditor-Controller. SECTION 4.03. BONDING PERSONS HAVING ACCESS TO PROPERTY. From time to 27 28 time, the parties hereto shall designate the public officers or 'persons, in addition to the Treasurer and Auditor-Controller, having charge of handling or - 8 - .. 10 11 o o 1 2 having access to any property of the AUTHORITY, and the respective amounts of the official bonds of the Treasurer and Auditor-Controller and such other persons pursuant to Section 6506.1 of the ACT. 3 4 S 6 7 8 9 SECTION 4.04. LEGAL ADVISOR. The GOVERNING BOARD shall select, appoint employ and retain the legal advisor of the AUTHORITY, who shall perform sucp duties as may be prescribed by the GOVERNING BOARD. SECTION 4.05. OTHER EMPLOYEES. The GOVERNING BOARD shall have the pow- I er to appoint and employ such other officers, employees, consultants, advisors and independent contractors as may be necessary for the purposes hereof. , SECTION 4.06. COMPENSATION. The GOVERNING BOARD shall determine the compensation of, and pay frOm AUTHORITY funds (including payment from funds t 12 which the AUTHORITY may receive from time to time in the form of federal and 13 state grants) the salaries, wages, fees and other compensation of such p1annin , 14 engineering, legal, financial, or other techinca1 and professional personnel, IS consultants, and other employees of the AUTHORITY. 16 SECTION 4.07. NON-CIVIL SERVICE. Nothing herein contained shall be co - 17 strued as making the AUTHORITY a department of any city, or as placing any of 18 the officers, counsel, personnel, or employees of the AUTHORITY under any form 19 of Civil Service or merit system or under any other form of specially protecte 20 employment right or status; excluding member city employees used as in-kind 21 services. 22 ARTICLE V - POWERS 23 SECTION 5.01. GENERAL POWERS. The AUTHORITY created by this Agreement 24 shall exercise in the manner hereinafter provided the powers common to each of 2S 26 27 28 the entities to this Agreement. As provided in the ACT, the AUTHORITY shall be a public entity separate from the parties hereto. The AUTHORITY shall have the power to administer, carry out and implement an Economic Development Action Plan and Strategy for ~ , . - 9 - !ElL"'-"".- ~ .. , , 1 2 3 ~ S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o the member cities as such plan and ,strategy is hereafter designed under the planning grant described above, and to further administer, coordinate, promote, carry out and implement the purposes of this Agreement as referred to in Secti 2.01 of ARTICLE II hereof, and, in connection therewith, the AUTHORITY shall have the power to finance, acquire, construct, lease, operate and maintain project structures, bui 1 di ngs and facil i ti es; all subject to the provi s ions of this Agreement. SECTION 5.02. REVENUE BONDS. The AUTHORITY, as a separate public entity, shall have the power to issue revenue bonds pursuant to the laws of the State of California as the same now reads or may be hereafter amended, and to provide for the repayment thereof. The AUTHORITY shall also have all the powers provided for in Article 2 of the ACT (commencing with Government Code Section 6540), as said ACT now reads or may be hereafter amended. SECTI~1 5.03. SPECIFIC P~4ERS. The AUTHORITY is 'hereby authorized, in its own name, to do all acts necessary for the exerci se of the foregoing powers for the purposes of this Agreement including, but not limited to, any or all of the following: A. To make and enter into contracts; B. To employ agents, employees, consultants, and independent contractors; C. To acquire, construct, manage, maintain or operate any build- ings, works, or improvements; D. To acquire, hold or dispose of real and personal property, or any interest therein, by deed, purchase, lease. contract, gift, devise, or otherwise. E. To sue and be sued in its own name, except as otherwise provid ed by law. The exercise by the AUTHORITY of the power to sue or be sued in its own name shall be subject to the restrictions on the exercise of such - 10 - . , , I , 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 ~ 21 22 ~ 24 2S 26 27 28 - o o power applicable to the five cities signatory hereto. An action to determine the validity of any Contract may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part 2 of the Code of Civil Procedure of the State of California. F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of any or all of the cities signatory hereto. G. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private, and ~xpend such funds for the purposes set forth in this Agreement; H. To delegate portions of its functions to an advisory body or, administrative entity for the purposes of program development, policy formula- tion or program implementation; provided, however, that any annual budget of the agency to which the delegation is made must be approved by the GOVERNING BOARD of the AUTHORITY; I. To invest any money in the treasury, pursuant to Section 6505.5 of the ACT, 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 of the State of California. J. To carry out and enforce all the provisions of this Agreement; K. To contract for and obtain insurance against any insurable risk reasonably anticipated to result from the exercise of any powers or functions of the AUTHORITY or the performance of any duties by the officers and employees of the AUTHORITY; L. To make, adopt, amend, and repeal its bylaws, rules, ordinances, resolutions, and procedural regulations not inconsistent with, and to carry into - 11 - ,. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - ~ o o effect, the powers granted in and'purposes of this Agreement; , M. To perform such duties and functions as may be necessary or appropriate for the administration and coordination of federal or state assisted economic planning and development programs and projects within the geographical boundaries of this joint powers authority as hereinbefore de- fined. N. To do and perform any and all ac~necessary to participate in federal or state assisted economic development projects within the jurisdic- tional boundaries of the AUTHORITY, including, without limitation, applying for, accepting and administering grants or other financial assistance from the federal goverment, the state, or other public agencies, or from any other sources, public or private, for such economic development projects; to use and expend such funds for any of the purposes as described or referred to in this Agreement; and to enter into and carry out contracts or agreements in connec- tion therewith which are not inconsistent with the purposes and powers of the AUTHORITY as set forth in this Agreement; and O. To adopt a seal and alter it at its pleasure. SECTION 5.04. CLAIMS. All claims and actions for money or damages 19 against the AUTHORITY and its officers and employees are governed by Division 20 3.6 (commencing with Section 810) of Title I of the Government Code of the 21 State of California. The AUTHORITY shall be deemed a "public entity" within 22 the meaning of Division 3.6 of Title I of said Government Code. 23 24 2S 26 27 28 SECTION 5.05. INTERESTS IN CONTRACTS. The provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with Section 1100) and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title 1, of the Government Code of the State of California prohibiting certain finan- cial interests in public contracts shall apply to the officers. directors and employees of the AUTHORITY. " - 12 - '. ; 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o SECTION 5.06. ENFORCEt1EtlT BY AUTHORITY. The AUTIWRITY is hereby authorized to take any or all legal actions, necessary and permitted by law to enforce this Agreement. ARTICLE VI - METHOD OF PROCEDURE SECTION 6.01. ASSUMPTION OF RESPONSIBILITIES. Upon completion of the initial organization of the GOVERNING BOARD and the appointment of the Secre- tary and Legal Advisor, the AUTHORITY shall proceed to carry out its duties and responsibilities as set forth in this Agreement, including, primarily, the implementation of the Economic Development Action Plan and Strategy to be prepared as hereinabove provided. SECTION 6.02. FINANCING ACTIVITIES PRECEDING CONSTRUCTION. The AUTHORITY shall secure funds or a firm commitment of funds adequate to finance the activities necessary to be carried out prior to the award of a contract for the construction of any public project portion of PROJECT PROGRESS, which includes, but is not limited to, the preparation of construction plans and specifications, and the acquisition of permits, rights-of-way and land neces- , sary for the construction. The AUTHORITY shall secure such funds through federal and state grants, the issuance of bonds, advances from the parties hereto, or from any other proper source or sources, or by any combination thereof. SECTION 6.03. ACTIVITIES PRECEDING CONSTRUCTION. Upon securing funds (or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to finance the cost of the activities necessary to be carried out prior to the award of a contract for the construction of any public project portion of PROJECT PROGRESS, the AUTHORITY shall proceed to contract with one or more engineering and/or architectural firms for the preparation of construction plans and specifications, to acquire said necessary permits, rights-of-way and land, and to carry out all other acitivies which are necessary to be - 13 - - If - . . , 0 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 performed prior to the award of a contract for the construction of any public works portion of PROJECT PROGRESS. Nothing contained in this Agreement shall be construed as limiting or restricting the timing or procedure to be followed by the AUTHORITY in obtain- ing financing required for implementation of PROJECT PROGRESS if some other or different procedure or timing is required by any federal or state agency providing financial assistance to the AUTHORITY. SECTION 6.04. PROJECT FINANCING. Prior to, or upon completion of the preparation of construction plans and specifications, the AUTHORITY shall secure funds (or a firm commitment of funds) adequate to finance the cost of constructing any public portion of PROJECT PROGRESS. The AUTHORITY shall se- cure such funds or firm commitment of such funds through federal and state grants and from the issuance of revenue bonds ,and from other available sources. Said funds shall be adequate, with the proceeds of prior bond issues, if any, to finance the entire cost of that portion of the public project for which said plans and specifications have been completed, including, but not limited to. the costs of repaying advances made to the AUTHORITY by the parties hereto and for which repayment was a condition of such advance, the cost of all activities necessarily carried out by the AUTHORITY prior to the award of a contract for the construction, interest expenses estimated to accrue prior to the completion of construction, and the estimated cost of the construction and all costs incidental thereto. SECTION 6.05. CONSTRUCTION. Upon securing funds (or a firm commit- ment of funds) deemed adequate by the GOVE~lING BOARD to finance the entire cost of constructing any public portion of PROJECT PROGRESS, the AUTHORITY shall proceed to contract with one or more firms for the construction of each such public portion of said PROJECT PROGRESS. SECTION 6.06. OPERATION AND MAINTENMICE. Upon completion of - 14 - ,. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28, " o o construction of each public portion of PROJECT PROGRESS and final acceptance thereof by the GOVERNING BOARD, the AUTHORITY may operate and maintain said pub 1ic project, with its own personnel, by contract with one or more of the partie thereto, or by contract with a third party, as determined by the GOVERNING BOAR, or transfer the ownership, operation and maintenance to one of the parties here 0 as may be most consistent with the power and jurisdiction of such party. Pro- vided, however, that no such transfer shall be made by the AUTHORITY in vio1ati n of any grant condition or regulation imposed by any federal or state agency tha provided financial assistance for said project. However, AUTHORITY agrees to re quest approval and consent to make such transfer in those instances where it is deemed to be consistent with the long range purpose and intent of this Agreemen and where such transfer would be in the best public interest. ARTICLE VII - FINANCIAL PROVISIONS SECTION 7.01. FISCAL YEAR. The fiscal year of the AUTHORITY shall be from July 1 of each year to and including June 30 of the following year. SECTION 7.02. CONTRIBUTIONS. The several cities signatory hereto shall each contribute to the AUTHORITY the sum of one-twentieth (1/20) of the total Planning Grant amount in cash or in in-kind services on or before completion of said Planning Grant phase. The cash portions of such contributions shall be no less than $1,000 nor more than $2,000. Any financial contributions other than set forth above shall be made only upon official action by the governing board of such party hereto as may desire to make any further or additional contribu- tion to the AUTHORITY. The expenditure of funds contributed to the AUTHORITY by the parties hereto shall be used only for ordinary administrative and operating expenses of the AUTHORITY"as referred to in the Economic adjustment Grant Terms and Condi- tions, and for payment of fees and costs incurred or to be incurred by the AUTH ORITY in connection with the preoaration, filing and processing of one or more - 15 - . 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o applications for federal financial assistance required for the implementation of the Economic Development Action Plan and Strategy as referred to hereinabove in this Agreement. SECTION 7.03. ADVANCES. In addition to the financial contributions re- quired to be made by each party hereto as set forth in SECTION 7.02 above, each of the parties to this Agreement may advance to the AUTHORITY money in such sums as may be mutually agreed upon by such party and the GOVERNING BOARD of the AUTHORITY. An amount equal to all advances so made by each party, plus interes thereon at a rate to be mutually agreed upon by the AUTHORITY and.,theparty mak ing suc~ advance, shall be repaid by the AUTHORITY in cash, but only from the proceeds of federal grants, state grants, the sale of revenue bonds of the AUTH ORITY, or such other construction funds as the AUTHORITY designates. Repayment shall be made by the AUTHORITY at such time or times as the AUTHORITY and the party making such advance shall mutually agree at the time such advance is made SECTION 7.04. ANNUAL BUDGET. A. The GOVERNING BOARD of the AUTHORITY shall, on or before March of each year, prepare and submit to each party hereto a budget estimate of the expense of conducting the AUTHORITY for the ensuing year. B. The budget estimate Shall be,in such form as the GOVERNING, BOAR may prescribe using the guidelines of the California State Controller. The bud get estimate shall contain a summary of the fiscal policy of the AUTHORITY for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of finan- cing the budget for the ensuing year, contrasted with the corresponding data fo the current year. The budget may be published. The budget esti'mate may in- clude the unappropriated balance item to be available for appropriation in the ensuing fiscal year 'to meet contingencies other than contingencies resulting from temporary insufficiencies in the revenues of the AUTHORITY. - 16 - ", . -.. . " '- , - - o o 1 2 '. c. After submission of the budget estimate, the 3 GOVERNING BOARD shall fix a time and a place for hearing by the 4 GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice 5 of such hearing to be published at least ten (10) days prior to 6 the date set for hearing in a newspaper of general circulation in 7 the area pursuant to Sections 6060 and 6061 of the Government Code 8 of the State of California, and shall give mailed notice of such . 9 hearing to each party to this Agreement. 10 At the budget hearing the GOVERNING BOARD may increase 11 or decrease any item in the budget estimate and may delete any 12 item therefrom or add any new item thereto. 13 Upon the conclusion of the budget hearing and not later 14 than May 1 of each year the GOVERNING BOARD shall approve the 15 budget estimate as submitted to the parties hereto or as revised 16 by the GOVERNrNG BOARD, and thereupon the same shall constitute ' 17 the final budget for the ensuing fiscal year. 18 The several items of the final budget shall be deemed 19 appropriated for the ensuing fiscal year in the amounts and for 20 the purposes specified in the final budget. 21 SECTION 7.05. RECORDS J\ND ACCOUNTS. The AUTHORITY shall 22 cause to be kept accurate and correct books of account, showing in 23 detail the costs of administration, bond interest, bond redemption, 24 operation and maintenance, and all financial transactions of the 25 AUTHORITY. Said books of account shall be open to inspection at 26 all times by any representative of any of the parties hereto, or - 17 - '- \ - o o 1 by any accountant or other person authorized by any party hereto to 2 inspect said books of account. The Auditor-Controller shall, in ac- i 3 cordance with Section 6j05 of the ACT, cause the books of account 4 and other financial records of the AUTHORITY to be audited annually. 5 ARTICLE VIII - ARBITRATION 6 SECTION 8.01. ARBITRATION OF DISPUTES AND CONTROVERSIES. 7 All controversies and disputes between the parties hereto arising 8 out of an action or decision of the AUTHORITY shall be settled by 9 arbitration in accordance with the provisions of this ARTICLE VIII. 10 Within ten (10) days after the action or decision has been taken, 11 the aggrieved entity shall give written notice to the GOVERNING 12 BOARD of the AUTHORITY and the other entities that it desires 13 arbitration, stating the controversy to be arbitrated. Within ten 14 (10) days thereafter, the aggrieved entity and the GOVERNl:llTG BOARD 15 shall each select one arbitrator, and within ten (10) additional 16 days after their selection, the two (2) aribtrators shall select 17 a third arbitrator. The hearing shall be conducted within fifteen 18 (15) days after the nomination of the third arbitrator and shall 19 be restricted to matters relative to that stated in the notice 20 requesting arbitration. Each entity shall be given an opportunity 21 to be heard and to present evidence. Within ten (10) days after 22 23 24 2S 26 the conclusion of the hearing or hearings, the arbitrators shall state their findings of fact, conclusions of law and decision in writing, and shall sign the same and deliver one signed copy thereof to each entity. Such decision or award shall be final and binding upon the GOVERNING BOARD, and upon each entity. A majority . - '18 - . o o 1 finding shall govern if the arbitrators' determination is not unanimous. The 2 aggrieved entity, and the C~VERNING BOARD, shall each pay the expenses of 3 their respective arbitrators. The costs and expenses of the third arbitrator, 4 and the administrative costs of arbitration shall be shared equally between S the aggrieved entity and the GOVERNING BOARD. Each party shall pay its own 6 attorney fees. 7 ARTICLE IX - TERMINAT!ON 8 SECTION 9.01. TERM. This Agreement shall be dated the date of execu- 9 tion of this Agreement by the last of the five parties hereto that executed 10 this Agrel!ment and shall be effective on the date hereof and shall continue 11 until rescinded or terminated by agreement of all of the patties hereto. 12 SECTION 9.02. DISPOSITION OF ASSETS. On the termination of this 13 Agreement, all surplus money of the AUTHORITY shall be returned to the res- 14 pective parties hereto in the same proportion that the total of all amounts IS paid by each party hereto, pursuant to ARTICLE VII hereof, during the term of 16 this Agreement, bears to the total of such amounts paid by all the parties 17 hereto. On the,termination of this Agreement, all property of the AUTHORITY, 18 both real and personal, shall be divided among the parties hereto in such termi nati on 19 manner as shall be agreed upon by the parties hereto upon/Of this Agreement or 20 as determined by arbitration as herein provided, and, until such division is 21 agreed upon or otherwise determined by arbitration, shall be held in trust by 22 the Treasurer for all the parties hereto. 23 ARTICLE X - MISCELLA~EOUS PROVISIONS 24 SECTION 10.01. NOTICES. Notices hereunder shall be sufficient if delivered to: 2S 26 27 28 1--- - 19 - , ~, 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 - o o CITY OF FONTANA City Hall 8353 Sierra Avenue Fontana, California CITY OF RIALTO City Hall 150 S. Palm Avenue Ria1to, California 92376 CITY OF COLTON City Hall 650 N. LaCadena Drive Colton, California CITY OF SAN BERNARDINO City Hall 300 N. "D" Street San Bernardino, California CITY OF REDLA.'1DS City Hall Red1ands, California 92373 SECTION 10.02. AMENDI~ENT OF AGREE~1ENT. This Agreement may be amended by an agreement approved by all of the entities hereto. Approval of the GOVERNING BOARD of the AUTHORITY shall not be required for amendment of this Agreement. SECTION 10.03. PARTIAL INVALIDITY. If anyone or more of the terms, provisions, section$ promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agree- ment shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. SECTION 10.04. HEADINGS. The section headings in this Agreement are for convenience only and are not to be construed as modifying or governing the language in the section referred to. SECTION 10.05. CONSENT. Whenever in this Agreement any consent or 28 approval is required, the same shall not be unreasonably withheld. - 20 - . ,'),:, ' "I 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 -, - o 0 1 SECTION 10.06. LAW GOVERNING. This Agreement is made in the State of 2 California under the constitution and laws of such'State and is to be so 3 construed. 4 SECTION 10.07. SUCCESSORS. This Agreement shall be binding upon and S shall inure to the benefit of the successors of the parties. 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to 7 be executed and attested by their proper officers thereunto duly authorized, 8 and their official seals to be hereto affixed, as of the day and year first 9 above written. ~JJE~:r : " ( ;" ,:;::...-,-,. \. f" ," .-,-. ~ . ," _ ,~,:I'.J..""J,.j ,.,,>,.~, I" F:' Y Patricia M. Murray; City Clerk , (SEAL) CITY ~NA B~ frank Horzon, Mayor . , CITY OF RIAlTO ,~ ,', '~ :_1 ',_ / '; /'" " By ;::-"'--,/jf1.~ , " CITY OF COLTON 5Y'--- JM-//;.IJJA~ FRANK A. G L ~layor (SEAL) ATTEST: ~o._JC.~ HELEU A. RAMOS, City Clerk (SEAL) B ATTEST: " AL~~1./" ~'tf 4""1 ~ (SEAL) , ATTEST: Qltf! /j ~_. 4 ' (SEAL) - 21 CITY OF REDLANDS , I; / , rJ( {":~ ~ 't+. By,. ~' ,~/'nit:... , ,( (..( HI By