Loading...
HomeMy WebLinkAboutS02-Economic Development Agency . . crrv OF SAN BERNODINO - REQUEST FC)R COUNCIL ACTION From: Tim Steinhaus, Agency Administrator Subject: Amendment to Joint Powers Agreement creating the Inland Valley Development Authority. Dept: Economic Development Agency Date: December 12, 1991 Synopsis of Previous Council action: 02/12/90 -- Resolution No. 90-47 creating the Inland Valley Development Authority was adopted. Recommended motion: . Adopt resolution. j Contact person: Tim Steinhaus Phone: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No .~. ~ :2. CITY' OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION STAFF REPORT The Inland Valley Development Agency ("IVDA") was previously formed by and amongst the City of San Bernardino, the County of San Bernardino, the City of Loma Linda and the City of Colton. It was formed for the purpose of determining whether the redevelopment of Norton Air Force Base ("NAFB") and properties adj acent and in proximity thereto would be feasible for the purposes of preserving and creating employment opportunities necessitated by the announced closure of NAFB. In furtherance of its goals, the IVDA has previously adopted its Redevelopment Plan for the Inland Valley Redevelopment Project. In connection with the formation of the IVDA, the City of San Bernardino and the other parties who are members of the IVDA entered into a certain Amended Joint Exercise of Powers Agreement which created the IVDA, set forth the IVDA's purpose and powers and addressed the administrative procedures to be followed by the IVDA. The IVDA Board has deemed it desirable to amend the Amended Joint Exercise of Powers Agreement in order to make certain technical modifications to the Agreement with respect to the voting powers of the members in connection with their administration of the IVDA's activities. Specifically, the amendment proposes that each member on the IVDA with two (2) votes shall have two board members who shall each have one (1) vote and that a member with three (3) votes shall have three board members with one (1) vote each. In the event a board member is not present to cast a vote, his or her alternate may cast a vote in their place. The proposed amendment further provides that unless otherwise designated in the Amended Joint Exercise of Powers Agreement, any actions of the IVDA would require the affirmative vote of a majority of all members of the IVDA. In addition, the proposed amendment provides for the election of a Chairperson and a Vice- . Chairperson, with the Chairperson to be elected from the City of San Bernardino. The amendment also delineates the powers and authority of the Chairman and other officers of the IVDA Board. In order for the proposed amendment to become effective, each of the members of the IVDA must individually approve the amendment. Therefore, the IVDA has requested that the city of San Bernardino approve the terms and provisions of the proposed amendment which is attached to the resolution. Staff recommends adoption of the resolution. 75~0264 o o 1 2 RESOLU'l'ION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING 4 THE INLAND VALLEY DEVELOPMENT AUTHORITY 5 6 WHEREAS, the City of San Bernardino, California (the 7 "City"), is a member of the Inland Valley Development Authority 8 (the "Authority") which is a joint powers authority formed by the 9 legislative bodies of its members pursuant to Section 6500, gt. 10 sea., of the California Government Code; and 11 12 WHEREAS, the Authority was formed for the purpose of 13 determining whether the redevelopment of Norton Air Force Base 14 ("NAFB") and properties adjacent and in proximity thereto is 15 feasible for the purposes of preserving and creating employment 16 opportunities necessitated by the announced closure of NAFB; and 17 18 WHEREAS, the Authority has previously caused the 19 preparation and execution of a certain agreement entitled Amended 20 Joint Exercise of Powers Agreement creating the Inland Valley 21 Development Agency, a copy of which is on file with the City 22 Clerk and which is incorporated herein by this reference; and 23 24 WHEREAS, the Authority has deemed it desirable to cause 25 an amendment to the Amended Joint Exercise of Powers Agreement 26 which amendment is primarily of a technical nature and relates to 27 the administration of the Authority and the voting procedures to 28 - 1 - o o 1 be followed in connection with the Authority's various activities 2 and actions; and 3 4 WHEREAS, a copy of the proposed amendment entitled 5 Amendment No. 1 to Amended Joint Exercise of Powers Agreement is 6 attached hereto as Exhibit "A" and incorporated herein by this 7 reference. 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 SECTION 1. The Council hereby approves Amendment 13 No. 1 to Amended Joint Exercise of Powers Agreement as attached 14 hereto as Exhibit "A" and incorporated herein by this reference 15 with any such non-substantive changes as may be approved by the 16 Mayor and City Attorney. 17 18 SECTION 2. The Mayor and City Clerk are hereby 19 authorized to execute the Amendment No. 1 to Amended Joint 20 Exercise of Powers Agreement on behalf of the City and take all 21 such other action as may be necessary in order to implement the 22 provisions of Amendment No.1 to Amended Joint Exercise of Powers 23 Agreement. 24 25 26 27 28 - 2 - o o 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 3 4 its adoption. 5 6 SECTION 3. This Resolution shall take effect upon I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor 8 San Bernardino at a 9 the day of 10 wit: and Common Council of the city of meeting thereof, held on , 1991, by the following vote, to 11 12 Council Members: ~ HAIa. ABSTAIN ABSENT ESTRADA 13 REILLY HERNANDEZ 14 MAUDSLEY MINOR 15 POPE-LUDLAM MILLER 16 17 18 19 20 21 22 City Clerk The foregoing resolution day of is hereby approved this , 1991. Mayor of the City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN City Attorney 25 ~ 26 By: l..I~ ~ ty Attor 27 CSBOlOOO6lDOC\lll 28 - 3 - o o 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2 CITY OF SAN BERNARDINO ) ) ) ss 3 I, , Clerk of the City of San Bernardino, California, DO HEREBY CERTIFY that the foregoing 4 and attached copy of the city of San Bernardino Resolution No. is a full, true and correct copy of that now on file in 5 this office. 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 7 day of , 1991. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk of the City of San Bernardino o o 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 EXHIBIT "A" AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT o o AMENDMENT NO. 1 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) This Amendment No. 1 is to that certain Amended Joint Exercise of Powers Agreement ("Amended JPA") dated for convenience as of February 12, 1990 ("Approval Date"), by and among the city of San Bernardino, the city of Colton, the city of Loma Linda and the County of San Bernardino (the "Members"). The Members agree as follows: 1. Puroose of Amendment. Since the Approval Date, various changes have been deemed desirable to be made to certain provisions of the Amended JPA, which require certain clarifications and minor modifications in order to reflect the agreement of the Members as of the date of this Amendment No. 1. Except as specifically amended herein, the terms and conditions of the Amended JPA remain in full force and effect, except to the extent necessary to conform to the amendments contained herein. 2. Terms. The terms used herein, unless otherwise defined, shall have the same meanings as in the Amended JPA. References herein to "section" are to sections of the Amended JPA, and references to "Paragraph" are to paragraphs of this Amendment. (AI 1210519\ - 1 - o o 3. Amendment to Section 1.01Iel. section 1.01(e) is amended to add an additional sentence to read as follows: The term "Board Members" shall specifically include both primary representatives and alternate representatives appointed in the manner provided in section 2.09 hereof; provided that alternative representatives shall not participate in meetings as a Board Member or cast votes on any Agency matter if all primary representatives of a Member that has appointed such alternate representative are present and considered as constituting a quorum. 4. Amendment to Section 2.09. The Second and Third paragraphs of Section 2.09 are amended to read as follows: Each Member with two (2) votes shall have two (2) Board Members with one (1) vote each, and the Member with three (3) votes shall have three (3) Board Members with one (1) vote each. In the event a Board Member is not present upon the casting of votes on any matter, no votes shall be cast on behalf of such absent Board Member except by a duly appointed alternate representative. In the event no Board Member of a Member, whether a duly appointed primary representative or an alternate representative, is present at the time that votes are cast on a matter, the votes of such absent Board Member or Board Members shall be considered as not having been cast on such matter. (A) 121OSI9\ - 2 - o o Each Member by official action of its city councilor Board of supervisors, as appropriate, shall designate one (1) elected official of the Member for each vote and Board position as the primary representatives for each Member. Such primary representatives may be any elected official of the Member. Each Member shall similarly designate one (1) additional elected official of the Member to serve as an alternate representative for the purpose of attending Board meetings and to fully participate in such meetings and to cast votes in place of a primary representative for such Member. 5. Amendment to section 2.10. Section 2.10 is amended to read as follows: Quorum: Reauired Votes: Approvals. No Person other than a duly appointed Board Member who has been appointed as either a primary representative or an alternate representative may sit on the Board and be considered for purposes of determining a quorum, for participating in such meetings and for the casting of votes. A Board Member must be present at a meeting to have the power under this Agreement to cast a vote and to be considered as present for purposes of determining whether the requirement for a quorum has been met. A quorum shall be considered as being present when both (i) Board Members representing a majority of the Members and New Members then in the membership of the Agency are present and (ii) (A) 12105/91 - 3 - o 0 a majority of the Board Members are present. A quorum constituted as set forth in (i) and (ii) of the preceding sentence shall be necessary for the transaction of business, except that less than a quorum may adjourn from time-to-time. The affirmative votes of a majority of the Board Members representing Members and New Members then in the membership of the Agency shall be required on all actions to be taken by the Board unless a greater number of votes is otherwise specified in this Agreement or required by law for a specific matter. Any Board Member who shall abstain from voting shall not have such vote counted as either an affirmative or a negative vote but shall be considered as present for purposes of determining whether a quorum of the Members and Board Members is present. 6. Amendment to section 3.01. Section 3.01 is amended to read as follows: Section 3.01. Chairman. Vice-Chairman and Additional Officers. The Board shall elect one Board Member from the city of San Bernardino to be Chairman and one Board Member from among all Board Members to be Vice-Chairman with elections to be held at such times and such offices to be held for such terms as shall be designated by the Agency pursuant to a resolution of the Agency. The Board shall appoint such additional officers and shall employ such additional employees and assistants as may be appropriate, (A) 1:ztm191 - 4 - o o including, but not limited to, a general manager, counsel and Secretary for the Board. The officers shall perform the duties normal to said offices; and (a) The Chairman, or such other official, officer or person as may be designated by the Board, shall execute all contracts on behalf of the Agency, and shall perform such other duties as may be imposed by the Board; (b) the Vice-Chairman shall act, execute contracts and perform all of the Chairman's duties in the absence of the Chairman; and (c) the Secretary shall attest to the execution of all contracts executed by the Chairman, Vice-Chairman or such other official, officer or person as may be designated by the Board, on behalf of the Agency, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with -the Secretary of State pursuant to the Act. 7. Amendment to Section 4.02. section 4.02 is amended to add an additional paragraph after subsection (r) to read as follows: (A) 12J0SJ91 - 5 - o o The Agency shall have the power by an affirmative vote of a majority of the Board Members representing Members and New Members then in the membership of the Agency, by resolution, to adopt from time-to-time such policies and procedures and to take such other actions either to clarify any provision of this Agreement or in the furtherance of this Agreement that are consistent with and carry out the purpose and intent of this Agreement. Any powers that are granted by this Agreement, whether expressed or implied, may be exercised in such manner as deemed appropriate by the Agency in conformity with Section 4.03 hereof. The Agency shall have all other powers as are deemed necessary, and shall be authorized to exercise such powers, for the effective operations of the Agency and the implementation of this Agreement so long as any such powers and the exercise thereof is not inconsistent with or contrary to any provision of the Law, the Act or this Agreement. 8. Amendment to section 5.01. The second sentence of section 5.01 is amended to read as follows: AssumDtion of ResDonsibilities bv the Aaencv. The Board shall designate its regular meetings as required by section 2.07 and from time-to-time elect the Chairman and a vice-Chairman and appoint the Secretary and Treasurer. (A) 12/0S/91 - 6 - o o 9. Authorization to Precare Comcosite Aareement. The appropriate personnel on behalf of the Agency are hereby authorized and directed to prepare a composite of the Amended JPA indicating the changes that will take effect as a result of this Amendment No.1. 10. Effective Date. This Amendment No. 1 shall be deemed effective and shall be dated as of the date latest in time when all Members have approved this Amendment No. 1 by official action of the respective legislative bodies. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by thElir proper officials thereunder duly authorized and their official seal to be hereto affixed, on the day and year set opposite the name of each of the parties. (A) 121OS191 - 7 - o o CITY OF SAN BERNARDINO, CALIFORNIA By: Title: Dated: (SEAL) ATTEST: city Clerk Approved as to Form: ~~keJ '/City Atto y (A) 12/lll191 - 8 - o o CITY OF COLTON, CALIFORNIA By: Title: Dated: (SEAL) ATTEST: City Clerk Approved as to Form: city Attorney (A) 12J05/9\ - 9 - o o CITY OF LOMA LINDA, CALIFORNIA By: Title: Dated: (SEAL) ATTEST: city Clerk Approved as to Form: City Attorney (AI 12105/91 - 10 - ,. o o COUNTY OF SAN BERNARDINO By: Title: Dated: (SEAL) ATTEST: Clerk of the Board of Supervisors Approved as to Form: county Counsel CSIlO/OOOl5lDOCl\29A (Al \2105/9\ - 11 -