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HomeMy WebLinkAbout38- Public Works CITY OF SAN BERF RDINO — REQUEST rL'o*)R COUNCIL ACTION File No. 7.01-29 Draft Joint Powers Authority - From: ROGER G. HARDGRAVE Subject: Beautification - Route 30 Freeway Corridor Dept: Public Works Date: 6-25-93 Synopsis of Previous Council action: 08-10-92 -- Briefing given to Council Transportation Committee by SANBAG on design features of the Route 30 Freeway. Recommended motion: 1 . That the draft Joint Exercise of Powers Agreement, for the Route 30 Freeway Corridor, be referred to the Council Trans- portation Committee. OR 2 . That the draft Joint Exercise of Powers Agreement, for the Route 30 Freeway Corridor, be tabled. cc: Shauna Clark Sig t Contact person:_ Roger G. Hardgrave Phone: 5025 Supporting data attached:_ Staff Report & Agreement Ward: 6 FUNDING REQUIREMENTS: Amount:_ N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No.-�� CITY OF SAN BERN RDINO - REQUEST OR COUNCIL ACTION STAFF REPORT A Committee has been formed to review certain design elements in connection with the design of the Route 30 Freeway, from the present terminus of Route 210 Freeway to Route I-215. This Committee is comprised of the County of San Bernardino and the seven (7) cities traversed by this section of the Route 30 Freeway. The purpose of this Committee is to enhance the beautifi- cation of this freeway, through review of six (6) design elements and provision of supplement funds. Caltrans will be providing basic amenities, such as landscaping, concrete block sound walls, etc. , in accordance with their standard procedures. Supplemental funds will be used to finance the additional costs of upgrading these design elements, in order to improve the beautification along this freeway corridor. Attached is a draft Agreement for establishment of a Joint Powers Authority between the County and seven (7) cities. This draft has been submitted to the member agencies for review, and adoption by the end of summer. There are several questions relative to this draft Agreement, in particular, how the Authority would generate a revenue stream to service the bonds that they issue. If there is an interest in having the City become a member of this Joint Powers Authority, we recommend that the draft Agreement be referred to the Council Transportation Committee for review. In the event that there is no interest in having the City of San Bernardino become a part of the Authority, it is recommended that Form Motion No. 2 be adopted to table this Agreement. -2 - 6 5 93 75-0264 JOINT POWERS AUTHORITY - ROUTE 30 Design Elements I. BRIDGES (over and under passes) A. Form B. Materials C. Color D. Graffiti Resistant II. SOUND kVJA.S A. 'Location B. Size C. Materials D. Colors E. Phasing F. Graffiti Resistant III. LANDSCAPING A. Design B. Materials ' C. Phasing D. Graffiti Resistant IV. FRESidAY SIGNS A. Location B. Color C. Information D. Graffiti Resistant V. FREEWAY LIGHTING A. Location B. Fixture Type VI. BILLBOARDS A. Prohibition and/or restriction VII. TRAILS JOINT MXWISE OF POWERS AGREEMENT (CORRIDOR BEAUTIFICATION AUTHORITY) THIS AGREEMENT is dated as of , 1993, by and among the COUNTY OF SAN BERNARDINO, a political subdivision of the State of California, and the Cities of CLAREMONT, FONTANA, LAVERNE, RANCHO CUCAMONGA, RIALTO, SAN BERNARDINO, and UPLAND, municipal corporations duly organized and existing under the laws of the State of California (collectively, the "Agencies") ; WITNESSETH: WHEREAS, each of the Agencies is authorized to furnish services and materials and perform other functions pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) and to take other action for the public purposes of the Agencies, and the Agencies wish to form a joint powers authority under the Joint Exercise of Powers Law of the State of California (Government Code Section 6500 et seq. ) for the purpose of establishing an entity for the administration of a consolidated program of beautification and maintenance along freeway corridors within San Bernardino County; NOW THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Agencies do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. "Authority" means the Authority established pursuant to Section 2.02 of this Agreement. "Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584) , as now or hereafter amended. "Board" means the Board of Directors of the Authority referred to in Section 2.03, which shall be the governing body of the Authority. "Bonds" means the bonds, notes or other obligations of the Authority issued pursuant to the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations to finance the acquisition, construction and improvement of public a improvements to be used for the public purposes of the Agencies, or any of the Agencies. I "Directors" means the representatives of the Agencies appointed e to the Board pursuant to Section 2.03. "Fiscal Year" means the period from July 1 in any calendar year and including June 30 in the succeeding calendar year. "Public Improvements" means any land, improvements, facilities and equipment to be used for the public purposes of the Agencies, including but not limited to property described in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. Section 1.02. Definitions under Landscape and Lighting Act of 1972• In addition to the definitions contained in Section 1.01 herein, the definitions pursuant to the Landscape and Lighting Act of 1972 (Streets and Highways Code Sections 22520 through 22540, inclusive) shall also be applicable to this Agreement. ARTICLE II ,10 ZRAL PROVISIONS Section 2.01. Purpose. The purpose of this Agreement is to provide for the joint exercise of powers common to the Agencies including, but not limited to, the financing of public improvements through the acquisition, construction and improvement thereof by the Authority or the loan of funds to the Agencies to enable the Agencies to -provide for the acquisition, construction, improvement and/or administration thereof. Section 2.02. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be )mown as the "Corridor Beautification Authority." The Authority shall be a public entity separate and apart from the Agencies, and shall administer this Agreement. (a) Additional Member Agencies. Additional cities may become new members of the Authority upon the majority vote of the existing Board of Directors. This Agreement shall be amended to reflect each new agency. (b) Ex-Officio Members. The following agencies shall be ex- officio members of the Authority: ( 1) Caltrans; (2) San Bernardino Associated Governments (3) East Valley Resource Conservation District; (4) West End Resource Conservation District. Said ex-officio members shall have no voting rights. Additional ex-officio members may be appointed by the majority vote of the Board of Directors. Section 2.03. Board of Directors. The Authority shall be administered by a Board of Directors consisting of one elected official of each Agency or their designee. The Board shall be called the "Board of Directors of the Corridor Beautification Authority." All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the board and a copy of such resolution shall be filed with the Agencies. (b) Special Meetings. Special meetings of the board shall be called in accordance with the provisions of Section 549 of the Government Code. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code. Section 2.05. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Agencies. Section 2.06. Voting. Each Director shall have one vote. Section 2.07. Quor=; Required Votes; Approvals. Directors holding a majority of the votes shall constitute a quorum 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 Directors shall be required to take any action by the Board. If any member agency chooses not to participate, financially or otherwise, in any specific project or activity of the Authority, the voting rights of the Director from that Agency shall be suspended as to that project or activity. Section 2.08. Bylays. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE III OFFICERS AND EMPLOYEES section 3.01. Chairman, Vice-Chairman, Executive Director and Secretary. The Board shall elect a Chairman and Vice-Chairman from among the Directors, and shall appoint a Secretary and may appoint an Executive Director who need not be Directors. The officers shall perform the duties normal to said officers. The Chairman shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. In the absence of the Chairman, the Vice-Chairman shall sign contracts and perform all of the Chairman's duties. In the absence of an Executive Director, the Chairman shall administer the day to day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairman or Vice-Chairman on behalf of the Authority, 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. Section 3.02. Treasurer. Pursuant to Section 6505.6 of the Act, the Auditor/Controller of San Bernardino County is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depository, shall have custody of all of the accounts, funds and money of the Authority from whatever source, 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 reports of all receipts and disbursements of the Authority. As provided in Section 6506 and Section 6505.6 of the Act, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 3.03. Officers in Charge of Records, Funds and Accounts. Pursuant to Section 65.05. 1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 3.04. Bonding Persons Having Access to Public Improvements. From time to time, the Board may designate persons, in addition to the Executive Director, the Secretary and the Treasurer, having charge of, handling or having access to any records, funds or accounts or any public improvement or project of the Authority. The Board shall designate the respective amounts of the official bonds of the Executive Director, the Secretary and the Treasurer and other persons pursuant to Section 6505.1 of the Act. Section 3.05. Legal Advisor. The San Bernardino County Counsel's Office shall act as the legal advisor of the Authority, shall perform such duties as may be prescribed by the Board, and shall be compensated at its regular hourly rate. Section 3.06. Other Etsplopees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the ORN performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the Agencies or, by reason of their employment by the board, to be subject to any of the requirements of the Agencies. Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director) , and may by resolution provide for the appointment of additional officers of the Authority who may or may not be Directors, as the Board shall from time to time deem appropriate. ARMCLB IV POWERS Section 4.01. General Pourers. The Authority shall exercise in the manner herein provided the power of each of the Agencies and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the Agencies. Section 4.02. Power to Issue Revenue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue bonds thereunder, subject to the authorization by ordinance of only those individual parties to the Agreement which contract to make payments to be applied to the payment of the Bonds, provided that the nonparticipating parties to the Agreement incur no financial obligation as provided for in Section 6547.5 of the Government Code. Section 4.03. Specific Powers. The Authority is hereby authorized, in its own name, to* do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contracts; (b) to employ agents or employees; (c) to acquire, construct, manage, maintain or operate any public improvement; (d) to sue and be sued in its own name; (e) to issue bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the Agencies; (f) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America, State of California or County of San Bernardino; (g) to invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code; (h) to carry out and enforce all the provisions of this Agreement; (i) to make and enter into agreements, assignments and other documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; (j) to make loans to the Agencies or any of the Agencies for the purposes hereof, or to refinance indebtedness incurred by the Agencies in connection with any of the purposes hereof; (k) to exercise any and all other powers as may be provided in the Act or in the Bond Law. Section 4.04. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those power set forth in the Bond Law, shall be subject (in accordance with Section 6$09 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon San Bernardino County and/or Los Angeles County in the exercise of similar powers. Section 4.05. Authority/Member Projects. A Member of the Authority may propose projects within the Member's territory and the Authority itself may propose projects, subject to the limitations set forth herein. With respect to Member proposed projects within the territory of such Member, each Member, by official action of its city council or Board of Supervisors, must approve such projects. All approved projects will be undertaken by the Authority as funds are available to the Authority for such purpose. The initial authorization to proceed with the implementation of specific projects by the letting of contracts or ' the appropriation of funds shall require a majority vote of the Board of Directors. A Member, by official action of its governing body, may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Authority. A Member may carry out within its boundaries any activity which may legally be undertaken by the Member which does not involve the expenditure of Authority funds, and no approval of the Authority shall be required for such projects. Section 4.06. Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Agencies. ARTICLE V METHODS OF PROCEDUREt CREDIT TO MEEK$ Section 5.01. Assumption of Responsibilities by the Authority. As soon as practicable after the date of execution of this Agreement, the Directors shall give notice (in the manner required by "Section 2.04) of the organizational meeting of the Board. At said meeting, the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chairman and Vice-Chairman, and appoint the Secretary and, if necessary, may appoint the Executive Director. Section 5.02. Delegation of Powers. The Agencies hereby delegate to the Authority the power and duty to acquire, by lease, lease-purchase, installment sale agreements, or otherwise, such public improvements as may be necessary or convenient for the operation of the Agencies or any of the Agencies. Section 5.03. Credit to Members. In consideration of the agreement by the Agencies to administer the Authority, all accounts or funds created and established pursuant to any instrument or agreement to which the Authority is a party, and any interest earned or accrued thereon, shall inure to the benefit of the Agencies in direct proportion to the amounts contributed. 0 ARTICLE VI CONTRIBUTION: ACCOUNTS AND REPORTS: FUNDS Section 6.01. Contributions. The Agencies may, in the appropriate circumstance, when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment, or property in lieu of other contributions or advances. The provisions of Section 6513 of the Government Code are hereby incorporated into this Agreement by reference. Section 6.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by duly appointed representatives of the Agencies. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Agencies to the extent that such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. Section 6.03. Funds. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds in accordance with laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. y; ARTICLE VII. TERM Section 7.01. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date hereof, and this Agreement and the Authority shall thereafter continue in full force and effect so long as either (a) any bonds remaining outstanding or (b) the Authority shall own any interest in any public improvements. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall remain under the ownership of the Authority. Parties rescinding their participating in the Authority through this Agreement shall receive the residual of their contributions to the Authority for acquisition of public improvements, less the proportionate share of accumulated depreciation as determined by the Treasurer of the Authority in accordance with generally accepted accounting practices. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be divided among the parties hereto in shares proportionate to the total contributions for the acquisition of said property made by the parties to this Agreement. AXnCLB VIII. HISCZ,LANEWS PROVISIONS Section 8.01. notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: COUNTY OF SAN BERNARDINO COUNTY OF LOS ANGELES Clerk of the Board of Supervisors Clerk of the Board of Supervisors 385 Arrowhead Avenue, Second Floor Kenneth Hahn Hall of Administration San Bernardino, CA 92415-0130 Room 383 500 W. Temple Street Los Angeles, CA 90012 CITY OF CLAREMONT CITY OF RANCHO CUCAMONGA City Clerk City Clerk 207 Harvard Avenue P.O. Box 807 Claremont, CA 91711 Rancho Cucamonga, CA 91729 CITY OF FONTANA CITY OF RIALTO City Clerk City Clerk 8353 Sierra Avenue 150 Palm Avenue Fontana, CA 92335 Rialto, CA 92376 CITY OF LA VERNE CITY OF SAN BERNARDINO City Clerk City Clerk 3660 "D" Street 300 North "D" Street LaVerne, CA 91750 San Bernardino, CA 92401 CITY OF UPLAND City Clerk P.O. Box 460 Upland, CA 91785 f Section 8.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 8.03. Consent. Whenever in this Agreement any consent or approval is required, the same shall not unreasonably be withheld. Section 8.04. Lair Governing. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 8.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 8.06. Ehforceaent by Authority. The Authority is hereby authorized to take any legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any part or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. t section a.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Agencies, respectively. None of the Agencies may assign any right or obligation hereunder without written consent of the other Agencies. t CITY OF CLAREMONT, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF FONTANA, CALIFORNIA By: Title: (SEAL) r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. COUNTY OF SAN BERNARDINO By Chairman, Board of Supervisors Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino By