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HomeMy WebLinkAbout37-Mayor's Office A , ~CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACllON From: Mayor Tom Minor Subject: (1) Resolution...Approving Amendment No. 2 to Amended Joint Exercise of Powers Agreement (IVDA), etc. Resolution...Approving Amendment No. 2 to Amended Joint Exercise of Powers Agreement (SBlhA), etc. Mayor's Office ~(Q)~V (2) Date: August 29, 1996 Synopsis of Previous Council action: April 15, 1996 - Adopted Resolution No. 96-98 approving Amendment No. 2 to IVDA Joint Powers Agreement subject to'60 days approval. Recommended motion: Adopt Resolution (1) Approving Amendment No. 2 to Amended Joint Exercise of Powers Agreement (IVDA) , etc. Adopt Resolution (2) Approving Amendment No. 2 to Amended Joint Exercise of Powers Agreement (SBlAA), etc. I~ :J1lt,'-z'~ Signature Contact person: Mayor Tom Minor Phone: 5133 3upporting data attached: Attached Ward: =UNDING REQUIREMENTS: Amount: -0- Source: (Acct, No.) -0- (Acct. DescriPtion) -0- Finance: ~o""cil Notes:_ Pntvious1.y 5-0262 Continued to Ii/ /;2/ 1 t, /i/ Agenda Item No. 37#1-/3 1 2 3 4 5 6 7 8 9 10 -.-J.- RESOLUTION NO. 96- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO.2, TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) WHEREAS, the City of San Bernardino, California ("Ci ty") is a charter city and a municipal corporation duly organized and existing under the Constitution and Laws of the State of California; and 11 WHEREAS, the Inland Valley Development Agency ("IVDA") 12 was established by the legislative bodies of the City, the County 13 of San Bernardino, the City of Colton, and the City of Loma Linda 14 ("Members"); and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on January 24, 1990, a certain Joint Exercise of Powers Agreement ("Agreement") became effective in which the purposes and powers of the IVDA are set forth in connection with the adoption of a redevelopment plan and the acquisition of certain areas within Norton Air Force Base ("NAFB") if and when available for acquisition; and WHEREAS, on February 12, 1990, and February 13, 1990, the Members approved and authorized the execution of a certain Amended Joint Exercise of Powers Agreement ("Amended Agreement") which amended and superseded the Agreement; and - 1 - 37A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on July 18, 1990, the Members approved and adopted the Redevelopment Plan ("Redevelopment Plan") For The Inland Valley Redevelopment Project Area ("Project Are?"); and WHEREAS, the Members approved and authorized the execution of a certain Amendment No. I to the Amended Agreement, which became effective on April 13, 1992; and WHEREAS, pursuant to Government Code Section 6502 and Sections 4.01 and 4.03 of the Amended Agreement, the IVDA may exercise the powers common to each of its Members which are necessary to accomplish the purposes of the Amended Agreement, subject to the restrictions upon the exercise of such powers that are imposed upon the City; and WHEREAS, Section 2.04 of the Amended Agreement provides inter alia that the membership of the IVDA may be expanded to admit a New Member after the final adoption of the Redevelopment Plan by processing an amendment to the Redevelopment Plan pursuant to Health and Safety Code Section 33450, ~. ~., to include the territory of any proposed New Member, and upon the unanimous vote of the Board Members and the adoption and approval of each Member of an amendment to the Amended Agreement in accordance with Section 8.04 thereof; and - 2 - . 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 WHEREAS, Section 8.04 of the Amended Agreement provides inter alia that the Amended Agreement may be amended by supplemental agreements approved by official action. of the Members' legislative bodies, and executed by all of the Members who are parties to the Amended Agreement, for the purpose of adding New Members; and WHEREAS, on April 15, 1996, the city adopted its Resolution No. 96-98 approving a certain Amendment No. 2 To Amended ~oint Exercise of Powers Agreement (Inland Valley Development Agency); and WHEREAS, the other Members of the IVDA did not execute Amendment No. 2 within sixty (60) days of the passage of Resolution No. 96-98; and WHEREAS, the other Members have or in the immediate future will execute Amendment No.2; and WHEREAS, in accordance with Sections 2.04 and 8.04 of the Amended Agreement, the City deems it appropriate to admit the City of Highland ("Highland") as a New Member of the IVDA pursuant to the terms and conditions set forth in that certain Amendment No. 2 To Amended Joint Exercise Of Powers Agreement (Inland Valley Development Agency), a copy of which is attached - 3 - . 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 hereto as Exhibit "A" and is incorporated herein by this reference. . . NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. No. 96-98. The City hereby rescinds its Resolution SECTION 2. The City hereby approves Amendment No. 2 in the form attached hereto as Exhibit "A", and incorporated herein by this reference. - 4 - . 25 Approved as to form and legal content: JAMES F. PENMAN 26 City Attorney 27 28 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) SECTION 3. The findings and determinations herein shall be final and conclusive. This Resolution shall become effective immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 12 1996, by the following vote, to wit: Council Members: ~ HAll ABSTAIN ABSENT NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER City Clerk The foregoing resolution is hereby approved this day of , 1996. Mayor of the City of San Bernardino By: - 5 - . 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. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) . AMENDMENT NO.2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) THIS AMENDMENT NO, 2 ("Amendment No, 2") to that certain Amended Joint Exercise of Powers Agreement which is dated for convenience as of February 12, 1990 ("Amended JPA"), is made and entered into this day of .1996, by and among the Cities of San Bernardino, Colton, Loma Linda and the County of San Bernardino (collectively "Members"), and the City of Highland ("Highland" or "New Member"), The Members and the New Member agree as follows: 1. Purpose of Amendment. In accordance with Sections 2,04 and 8,04 of the Amended JPA, the Members of the Inland Valley Development Agency ("Agency") deem it appropriate to admit Highland as a New Member of the Agency upon the terms and conditions set forth below, Except as specifically amended herein, the terms and conditions of the Amended JPA and Amendment No, 1 to the Amended JPA, which became effective on April 13, 1992, remain in full force and effect, except as 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 and Amendment No, 1, References herein to "Section" are to Sections of the Amended JPA, and references to "paragraph" are to paragraphs of this Amendment No, 2, 3, Amendment to Section 2.04, Upon approval of this Amendment NO.2 by the Members and Highland, Section 2,04 is amended to add additional paragraphs to read as follows: The membership of the Agency shall be expanded to include Highland as a New Member, As a condition of membership, the City Council of Highland shall designate an area of approximately 450 acres to be included within a survey area of the Agency, and such area shall be considered for inclusion by the Agency within the Project Area, Upon the adoption of the amendment to the Redevelopment Plan to add the Highland territory to the Project Area, the Highland general fund portion of the property taxes shall be treated in the same manner as are the other city Members of the Agency (Le., fifty percent (50%) of the Highland general fund taxes paid upon the incremental assessed value to Highland - 1 - as proceeds of taxes and the remaining fifty percent (50%) of such taxes shall be paid to the Agency as tax increment revenues), As a condition of membership of Highland in the Agency, Highland agrees not to exercise any rights or remedies granted to Highland pursuant to the Members' Settlement Agreement by and among the Members, the City of Redlands ("Red lands"), Highland and the East Valley Association ("EVA"), and the Agency Settlement Agreement by and among the Agency, Redlands, Highland and the EVA, entered into on or about May, 1992 in settlement of San Bernardino Superior Court Case Nos. 255222 and 256889 (which were consolidated and transferred to the Orange County Superior Court as Case No. 680255), so as to impose no additional restrictions upon the Agency, the San Bernardino International Airport Authority and the Members than is presently required or may be required in the future pursuant to applicable State and Federal Law for the development of the Project Area, the former Norton Air Force Base and the adjacent areas. 4, Amendment to Section 2,09. Upon approval of the Amendment by the Members and Highland, the first paragraph and the first sentence of the second paragraph of Section 2.09 are amended to read as follows: The number of votes for each public entity which is included within the then current membership of the Agency as either a Member or a New Member shall be as follows: Votes City of San Bernardino County of San Bernardino City of Colton City of Loma Linda City of Highland 2 1 1 1 1 Each Member with one (1) vote shall have one (1) Board Member with one (1) vote each and the Member with two (2) votes shall have two (2) Board Members with one (1) vote each, provided that the Mayor of the City San Bernardino must be appointed to one (1) seat on the Board and one (1) councilmember from the City of San Bernardino shall be appointed to the other one (1) remaining seat on the Board. Each Member other than the City of San Bernardino shall only appoint elected officials to serve as primary or alternative representatives who are elected officials serving as a member of the legislative body of each Member either as a council member, mayor or an elected supervisor of the County, The same individuals who are appointed by their respective legislative bodies to serve on the Board as either a primary or alternate representative shall also be appointed - 2 - to serve in the same capacity on the Board of the San Bernardino International Airport Authority, if that legislative body is a Member of both. 5, Amendment to Section 2,10, Upon approval of this Amendment No. 2 by the Members and Highland, Section 2.10 is amended to add an additional paragraph to read as follows: There shall be six (6) seats on the Board with a majority being four (4) votes for all actions of the Agency unless a greater number of votes is required by law for an action to be taken by the Agency, and the quorum requirement of the Agency shall require that three (3) entities are represented at the meeting and at least four (4) Board Members being present. 6, Authorization to Prepare Composite Agreement. 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'wiil take effect as a result of this Amendment No, 2, 7, Effective Dates, This Amendment No, 2 shall become effective as to the Members and Highland upon approval by the legislative bodies of each Member and Highland, Prior to the effective dates of this Amendment No, 2, the Amended JPA as amended by Amendment No, 1 shall continue in full force and effect, - 3 - . IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be exeaJted and attested by their proper officers 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. (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney . CITY OF SAN BERNARDINO, CALIFORNIA By: Title: CITY OF COLTON, CALIFORNIA By: Title: - 4 - (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney (SEAL) ATTEST: Clerk of the Board of Supervisors Approved as to Form: County Counsel . CITY OF LOMA LINDA, CALIFORNIA By: Title: COUNTY OF SAN BERNARDINO By: Title: - 5 - CITY OF HIGHLAND, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CSllOo'OOllMJOC_ 812_1:45_ - 6 - . 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 96- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF ,THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY WHEREAS, the City of San Bernardino, California ("City") is a charter city and a municipal corporation duly organized and existing under the Constitution and Laws of the State of California; and WHEREAS, the San Bernardino International Airport 13 Authority ("SBIAA") is a joint powers authority organized and 14 existing pursuant to Government Code Section 6500, ~. ~.; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the SBIAA was established pursuant to that certain Joint Exercise of Powers Agreement (" JPA") dated for convenience as of May 12, 1992, entered into by the City, the County of San Bernardino, and the Cities of Colton, Highland, Loma Linda and Redlands (collectively "Parties"); and WHEREAS, the SBIAA was created for the specific purpose of facilitating the conversion and reuse of the Norton Air Force Base ("NAFB") aviation facilities from military to civilian purposes, and to mitigate the impacts on the community from the loss of jobs and income from the closure of NAFB; and - 1 - . 2,713 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 WHEREAS, on or about August 10, 1992, the Parties approved and adopted a certain Amendment No. 1 to the JPA; and WHEREAS, Section 12(a) of the JPA provides that the JPA may be amended by unanimous consent of the Parties for any lawful purpose; and WHEREAS, the City of Redlands has recently advised the Parties that it desires to withdraw from the membership of the SBIAA; and WHEREAS, in accordance with Section 12(a) of the JPA, the City deems it appropriate to amend the JPA to delete Redlands from the membership of the SBIAA and to reallocate the voting structure of the SBIAA among the remaining Parties, pursuant to the terms and conditions set forth in that certain Amendment No. 2 to Joint Exercise of Powers Agreement Creating An Agency To Be Known As The San Bernardino Regional Airport Authority ("Amendment No.2"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - 2 - . 1 SECTION 1. The City hereby approves Amendment No. 2 2 in the form attached hereto as Exhibit "A", and incorporated 3 herein by this reference. 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 - 3 - . 3 4 5 6 7 8 9 10 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF Sk~ BERNARDINO, CALIFORNIA APPROVING A CERTAIN AMENDMENT NO. 2 TO 2 JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY SECTION 2. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 11 1996, by the following vote, to wit: 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ Members: 8XE..S. lliUS. ABSTAIN ABSENT NEGRETE CURLIN k>\IAS OBERHELMAN DEVLIN ANDERSON MII.LER City Clerk The foregoing resolution is hereby approved this day of , 1996. Mayor of the City of San Bernardino Approved as to form and legal content: 25 JAMES F. PENMAN City Attorney 26 27 28 By: SBIA/0001/DOC/215 8/27/96 4:15 ew - 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 EXHIBIT "An AMENDMENT NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY . AMENDMENT NO.2 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY THIS AMENDMENT NO, 2 ("Amendment No, 2") to that certain Joint Exercise of Powers Agreement Creating An Agency To Be Known As The San. Bernardino Regional Airport Authority which is dated for convenience as of May 12, 1992 ("JPA"), is made and entered into this day of ,1996, by and among the Cities of San Bernardino, Colton, Loma Linda, Highland, Redlands and the County of San Bernardino (collectively "Parties"), The Parties agree as follows: 1, Purpose of Amendment. The Parties acknowledge the receipt of the request of the City of Redlands ("Redlands") to withdraw from the membership of the San Bernardino International Airport.- Authority ("Authority") pursuant to a letter dated April 18, 1996, and in accordance with previous official action as taken by Redlands to withdraw from the membership of the Authority, The remaining parties to the jPA deem it desirable to further amend the JPA to delete Redlands from the membership of the Authority and to reallocate the voting structure of the Authority among the remaining Parties. Except as specifically amended herein, the terms and conditions of the jPA and Amendment No, 1 to the JPA, which is dated for convenience as of August 10, 1992 ("Amendment No, 1 "), remain in full force and effect, except as 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 JPA and Amendment No.1. References herein to "Section" and "paragraph" are to Sections and paragraphs of the jpA. 3, Amendment to Section 2 B,(1 ). Upon approval of this Amendment No.2 by the Members, the first sentence of Section 2.B,(1) is amended to read as follows: The Authority shall be governed by a Commission composed of six (6) individual members, each serving in their individual capacity as a Member of the Commission, - 1 - 4, Amendments to Section 2 8 (2l. Upon approval of this Amendment No, 2 by the Parties, the first sentence of Section 2,B.(2) is amended to read as follows: The Commission shall consist of two (2) elected officials from the City of San Bernardino and one (1) elected official from each of the County of San Bernardino and the Cities of Colton, Highland and Loma Linda, Upon approval of this Amendment No, 2 by the Parties, a second paragraph is added to Section 2,B(2) to read as follows: Each Party with one (1) vote shall have one (1) Member with one (1) vote each, and the Party with two (2) votes shall have two (2) Members with one (1) vote each, provided that the Mayor of the City San Bernardino shall be appointed to one (1) seat on the Commission and one (1) council member from the City of San Bernardino shall be appointed to the other one (1) remaining seat on the Commission. Each Party other than. the City of San Bernardino shall only appoint elected officials to serve' as primary or alternate representatives who are elected officials serving as a member of the legislative body of each Party either as a council member, mayor or an elected supervisor of the County, The same individuals who are appointed by their respective legislative bOdies to serve on the Commission as either a primary or alternate representative shall also be appointed to serve in the same capacity on the Board of the Inland Valley Development Agency, if that legislative body is a Member of both, 5, Amendment to Section 2,C (4), Upon approval of this Amendment No, 2 by the Parties, the first sentence of Section 2,C,(4) is amended to read as follows: Except under the circumstances provided in Section 11 hereof, a quorum shall be deemed to be constituted at a Commission meeting for conducting business of the Commission when four (4) Members are present who under California law are legally able to partiCipate in such meeting and who represent at least three (3) Parties, 6, Authorization to Preoare Composite A9reemenl. The appropriate personnel on behalf of the Authority 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, 2, - 2 - 7. Effective Dates. This Amendment No. 2 shall become effective as to the Parties upon approval by the legislative bodies of each Party. Prior to the effective date of this Amendment No.2, the JPA as amended by Amendment NO.1 shall continue in full force and effect. . - 3 - IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No, 2 to be executed and attested by their proper officers 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. CITY OF SAN BERNARDINO. CALIFORNIA By: (SEAL) ATTEST: Title: City Clerk Approved as to Form: City Attorney CITY OF COLTON, CALIFORNIA By: (SEAL) ATTEST: Title: City Clerk Approved as to Form: City Attorney - 4 - . CITY OF LOMA LINDA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney COUNTY OF SAN BERNARDINO By: Title: (SEAL) ATTEST: Clerk of the Board of Supervisors Approved as to Form: County Counsel - 5 - . CITY OF HIGHLAND, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF REDLANDS, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney SBWOOO1.tXlCi222 8128/96 11:50 _ - 6 - .