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HomeMy WebLinkAboutContracts & Agreements_41-1978 SM BERMINO COUNTY CRIMINAL JUSTICE AND DELINQUENCY PRMTI0,11 PLANNING DISTRICT (REGION V) ALSO KNOWN A5 ARROWHEAD JUSTICE ASSOCIATION COUNTY CIVIC BUILDING - EAST 157 WEST FIFTH STREET SAN BERNARDINO, CA 92415 (714) 383-1112 November 9, 1978 City of Redlands City Hall , 30 Cajon and Vine P. 0 Sox 280 Redlands, CA 92373 ATTENTION- Peggy A Moseley City Clerk Attached please find a certified copy of the Second Amended Joint Exercise of Powers Agreement for your file. Sincerely, SAN BERNARDINO COUNTY CRIMINAL JUSTICE AND DELINQUENCY PREVENTION PLANNING DISTRICT HUGH J. GRA Criminal Justice Planning Manager HJG•asb Attachment STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO I, Andree Disharoon, Acting Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the attached to be a full, true and correct copy of the Second Amendment to the Joint Exercise of Powers Agreement establishing the San Bernardino County Criminal Justice and Delinquency Prevention Planning District - Region V (Arrowhead Justice Association) by the County and the fifteen incorporated cities of the County Dated . October 25 , 1978 Andree Disharoon, Acting Clerk of the Board of Supervisors County of San Bernardino A R= 1 SECOND AMENDMENT TO 2 JOINT EXERCISE OF POWERS AGREEMENT 3 ESTABLISHING THE ARROVIHEAD JUSTICE ASSOCIATION 4 f 5 THIS AGREEMENT, dated for convenience as of the 1st 6 day of October, 1978, by and between the County of San Bernardino, 7 a political subdivision of the State of California, hereinafter 8 referred to as COUNTY, and the City of Adelanto, a municipal 9 corporation, the City of Barstow, a municipal corporation, the 10 City of Chino, a municipal corporation, the City of Colton, a 11 municipal corporation, the City of Fontana, a municipal corporatic 12 the City of Loma Linda, a municipal corporation, the City of 13 Montclair, a municipal corporation, the City of Needles , a 14 charter city, the City of OnEario, a municipal corporation, the Lo 15 City of Rancho Cucamonga, a municipal corporation, the City of ZWN 16 Redlands , a municipal corporation, the City of Rialto, a _J W M �C�L) 17 municipal corporation, the City of San Bernardino, a charter msa ,W 18 city, the City of Upland, a municipal corporation, and the City >Nz 19 of Victorville, a municipal corporation, hereinafter referred to inn20 as CITIES, hereby amends the Joint Powers Agreement establishing °~N 21 the Arrowhead Justice Association dated for convenience the 22 lst day of October 1977 . 23 24 W I T N E S S E T H: 25 26 viHERE_�!,S, the Coun-cy and Cities recognize that compre-- 27 hensive planning for the efficient use of criminal justice and 28 juvenile justice and delinquency prevention resources requires 29 a permanent coordinating effort on the part of local governments 30 and local criminal justice and juvenile justice agencies; and 31 32 WHEREAS, the County and Cities recognize that it is 33 desireable to coordinate local criminal justice and juvenile 34 justice activities , and planning for the use of State and 35 Federal funds made available through any grant program, and comply RWS.Mn 36 witn the provisions of the Federal Statutes as amended; and 9/5/78 4 xi d 7 1 WHEREAS, each party to this agreement is a public 2 agency and is authorized to enter into this agreement; and 3 4 WHEREAS, each party to this agreement deems it necessary 5 to develop a separate public entity by a joint exercise of powers 6 agreement to devise an organizational and administrative structure 7 for the purpose of creating the Regional Criminal Justice Planning 8 District for the operation of a County--wide criminal justice 9 and juvenile justice planning and coordinating system, encompassin 10 the geographic territory of the parties to the agreement, and 11 to secure approval from the California Council on Criminal Justice 12 hereinafter referred to as C C.C.J. ; and 13 14 ITHEREAS, Section 1.3902 of the California Penal Code 15 provides that zw 16 "Each County placed within a single county planning W 17 district may constitute a planning district upon execution of a J :D 0 o 18 joint powers agreement or arrangement acceptable to the county 19 and to at least that one-half of the cities in the district which ° Z UJ 20 contain at least one-half of the population of the district. U~ < 21 Counties placed wi-rh a multicounty planning district may con- Ln 22 stitute a planning district upon execution of a joint powers 23 agreement or other arrangement acceptable to the participating 24 counties and to at least that one-half of the cities in such 25 district which contain at least one-half of the population of 26 such district. If no combination of one-half of the cities of a 27 district contains at least one-half of the population of the 28 district, then agreement of any half of the cities in such 29 district is sufficient to enable execution of joint powers 30 agreements or other acceptable arrangements for constituting 31 planning districts" ; and 32 33 WHEREAS, in the .interest of time, the parties hereto 34 intend to mane this agreement effective upon its execution by 35 the County and at least that one-half of the cities in the 36 proposed district which contain at least one-half of the -2- y 1 population of the County, while being nevertheless desirous of 2 having all the Cities within the County become signatories to 3 this agreement; and 4 5 WHEREAS, the County and Cities have the power, under 6 the provisions of Article Ir Chapter V. Division VII of Title I 7 of the California Government Coder commencing at section 6500 , 8 to enter into and carry out the terms and conditions of this 9 Joint Powers Agreement; and 10 11 WHEREAS, there presently exists a Joint E:%erci.se of 12 Powers Agreement, dated for convenience as of the lst day of 13 October, 1977, by and between the County and the fifteen Cities 14 within the County, created for the purpose of providing a , 15 method by which the County and the Cities could participate in z N 16 the mini.--block program, as provided by Section 303 (a) (4) of the wortQ N 17 Omnibus Crime Control and Safe Streets Act of 1968 , as amended; dXO J ",L 1$ rLL �z 19 NOW THEREFORE, the County and Cities for and in con- 0 20 sideration of the mutual promises and agreement herein contained, °u M Q 21 do agree as follows 22 ' 23 Section 1. Effective Date.. 24 This agreement shall become binding upon each party 25 hereto upon execution hereof by that party. 26 Joint Exercise of Powers Agreement Number .78-256 , 27 dated October 1, 1977 , is hereby amended effective upon the date 28 of the execution of this agreement by the County and that one-hal 29 of the Cities which contain one--half of the population of the 30 district. Upon* amendment of Joint Powers Agreement Number 78-256 31 all actions heretofore taken by said Committee from October 1, 19 32 to the date of its amendment are deemed as being valid and in 33 effect by each party to this agreement and are not nullified 34 by said agreement. 35 36 -3- I Section 2. Purpose of Agreement. 2 The purpose of this agreement is to improve and 3 coordinate comprehensive criminal and juvenile justice planning 4 and to improve the operations of the criminal justice and 5 juvenile justice system within San Bernardino County through 6 the establishment of a new and separate criminal justice and 7 delinquency prevention planning district. This district shall 8 be referred to as the San Bernardino County Criminal Justice and 9 Delinquency Prevention Planning District, and shall be assigned 10 by the C.C.C.J. an identifying letter of the alphabet for its 11 designation as a planning district. Said district shall be 12 commonly referred to as the Arrowhead Justice Association. 13 14 Section. 3. Non-waiver. 15 The County of San Bernardino and the Cities which are zwN 16 parties to this agreement do not, by the approval of this agreemer _ z -F-0 17 waive, assign, or otherwise forego any right to any funds , grants 5Dtuxd � "�0 18 entitlements frog the Federal or State Government or other source >yz 19 to which they are otherwise entitled under law. z�w 20 �4 ar,M U N 21 Section 4 . Creation of the District. 22 Pursuant to Section 13902 of the Penal Code, State of 23 California, and Article I. Chapter V, Division VII of Title 1 24 of the California Government Code, commencing at Section 6500 , 25 these is hereby created a new and separate criminal justice and 26 delinquency prevention planning district and a new public entity 27 to be known as the San Bernardino County Criminal' Justice and 28 Delinquency Prevention Planning District. Said District shall 29 be a public enr.ity separate and apart from the Cities and County 30 which are par Lies to the agreement. The debts, liabilities, 31 and obligations of the District shall not constitute debts , 32 liabilities or obligations of either the Cities or County . 33 34 35 36 -4- r I Section 5. Establishment 'of a Local Board. 2 A local criminal justice and delinquency prevention 3 planning board shall be established pursuant to Title 6 .5 Section 4 13903 et seq. of the California Penal Code, and shall be reference 5 to as the San Bernardino County Criminal Justice and Delinquency 6 Prevention Planning Board hereafter referred to as the "Board". 7 The Board shall be recognized as the regional planning, 8 coordinating, and supervisory body for the San Bernardino County 9 Criminal Justice and Delinquency Prevention Planning District. 10 11 A. Membership; Standards of Composition. 12 - The Board shall consist of 30 members and shall 13 be comprised of a majority of local elected officials and shall 14 be representative of the law enforcement and criminal justice LO 15 agencies including agencies directly related to the prevention 16 and control ofdelin uenc uvenile voaM 3 q y, units of general local 15N� 17 , government, and public agencies maintaining programs to reduce a p'C O o �tL5 18 and control crime, and shall include representatives of citizens , �NQ 19 professional, and community organizations including organizations > z oozz:w 20 directly related to delinquency prevention, representing a broad °~N 21 range of community interests and viewpoints ; and shall be balancec 22 in terms of racial, sexual, age, economic and geographic factors; 23 representatives of the public shall comprise at least one-fifth 24 of the membership and shall be representatives of citizens , 25 professional, and community organizations, including organizationE 26 directly- related-to delinquency prevention. in no case shall a 27 City be represented by more than one member. 28 29 B. Members ; Number of Positions ; Alternates; 30 Appointing Authority. 31 Board of Supervisors -- one position - Board of 32 Supervisors appointment, 33 Chairman or Commissioner, Juvenile Justice 34 Delinquency Prevention Commission - one position - Juvenile Justi( 35 and Delinquency Prevention Commission appointment. 36 1 Chief of Police _ seven positions - City Selection 37 Committee appointment. 1 Chief Probation Officer - Automatic appointment. 2 City Councilperscn -- six positions -- city Selection 3 Committee appointment. 4 County Administrative Officer -- Automatic appointme 5 County Superintendent of Schools - Automatic 6 appointment 7 Distract Attorney -- Automatic appointment. 8 Justice Court Judge --- one position -- Board of 9 Supervisors appointment. 10 Mayor - two positions - City Selection Committee 11 appointment., 12 Municipal Court Judge -- one position -- Munic3 pal 13 Court appointment. 0 14 Person from the private sector - one position -- Lo 15 Board of Supervisors appointment. zWN 16 J W Cq Person involved in drug abuse control or prevention z UU 17 - one position - Board of Supervisors appointment. D ©zo ao18 �p Person representing the field of education -- one v` '�z 19 position -- Board of Supervisors appointment. o z3-m 20 Public Defender -- Automatic appointment. a N 21 Representative of Public/lien Lal Health -- Board of 22 Supervisors appointment. 23 Sheriff -- Automatic appointment. 24 Superior Court Judge -- one position -- Superior 25 Court appointment. 26 The appointing authori-cy may designate an alternatF 27 for each member. 28 Each elected member shall serve for the period 29 of his elected term. Each nonelected member of the Board shall 30 serve until such time as the appointing authority removes said 31 member and appoints another individual to serve as a member. 32 33 C. Meetings . 34 1. The Board shall provide for its regular meets: 35 The date, time, and place of holding of the regular meeting shall 36 be fixed by the Board. -6- 1 2. All meetings of the Board shall be called, 2 noticed and held and conducted in accordance with the provisions 3 of the Ralph M. Brown Act, coi-mencing with Section 54950 of the 4 Government Code. 5 3. The Planning Director, or a person designated 6 by the Planning Director, shall cause to be kept minutes of all 7 meetings of the Board and shall, as soon as possible after each g meeting, cause a copy of the minutes to be forwarded to each 9 member of the Board. 10 4. A majority of the Board shall constitute a 11 quorum for the transaction of business except that less than a 12 quorum may adjourn from time to time. 13 1 14 D. Officers . 15 The Board shall select a chairman and vice chairman 16 The Secretary of the Board shall be the Planning Director, or his ZW N ,J W wSO 17 designee. The treasurer of the District shall be the Treasurer M:E U Uma 18 of the County of San Bernardino, to be the depository and have �¢ 19 custody of all money of the District from whatever sources . ° z W 20 ` The auditor--controller of the District shall be the Auditor- SO 2 uditor- ° 2 21 Controller of the County of San Bernardino, who shall draw all 22 warrants to pay demands against the District approved by the 23 Board. The attorney for the District shall be the County Counsel 24 of the County of San Bernardino or his duly authorized Deputy. 25 Public officers or persons who have charge of or who handle 26 or have access of any property of the Distract shall file an 27 official bond in the amount fixed by law. The District shall 28 have power to appoint and employ such other officers, employees , 29 consuluants, advisors, and independent contractors as may be 30 deemed necessary. 31 32 E. Reimbursement of Costs . 33 It is anticipated by the parties that the Distract 34 shall make application for Federal funds and will receive. income 35 from other sources, and in the event that the District engages 36 in the activities described herein, the District shall reimburse -7- b r / 1 the County of San Bernard.Lno to the extent authorized by law, 2 for services of the Auditor-Controller, Treasurer and Attorney, 3 at the reasonable costs of providing the aforesaid services . 4 5 F. Funds. 6The Treasurer of the County shall maintain in a 7 separate trust account funds received by the Board. 8 It shall be the responsibility of the Planning 9 Director to prepare an annual working budget to be submitted, to 10 the Board for its consideration and such other duties as the 11 Board -may direct. 12 13 Section 6 . Powers to be Exercised by the Board. 14 The powers to be exercised by the Board shall be as 15 follows: Z W N 16 A. Coordinate local criminal 3ustice and juvenile WM LU cc� � 17 justice planning activities within San Bernardino County. 0 r LLQ l8 B. Plan and budget for the use of Federal and State 4 �Ha 19 funds made available through the Crime Control Act of 1973 z 0z?tu 20 (Public Law93-83) and amendments thereto, the Juvenile Justice V�< 21 and Delinquency Prevention Act of 1974 (Public Law 93-415) and Ln 22 amendments thereto, and any other grant programs which may affect 23 the criminal justice or juvenile justice systems. 24 C. Apply for, receive, and disburse Federal , State 25 or other funds, and serve as a conduit for applications for 26 Federal and State criminal justice and juvenile justice funds 27 and evaluate the programs which receive such funds . 28 D. Develop comprehensive, unified and orderly 29 "procedures to insure that local criminal justice and juvenile 30 justice plans are in accordance with Federal and State guidelines 31 and that all applications for grant-in-aid, loans, awards or 32 other forms of funding assistance are processed efficiently. 33 E. Cooperate with, and render technical assistance 34 to, units of local government, combinations of such units , or 35 other public or private agencies , organizations or institutions 36 in -natters relating to criminal justice and juvenile justice. -8- 1F. Conduct evaluations of programs and activities 2 of criminal justice and 3uvenile justice systems . 3 G. Perform other functions and duties as may be 4 required by Federal or State Laws , local ordinances , rules , 5 regulations, guidelines, or policies. 6 The Board is authorized, in its own name, to do all 7 acts necessary for the exercise of said powers for said purposesf 8 including, but not limited to, any or all of the following: to 9 make and enter into contracts; to employ staff and agents ; to 10 acquire, maintain and dispose of real and personal property; 11 to incur debts , liabilities or obligations which do not con- 12 stitute a debt, liability or obligation of the Cities and County, 1.3 and to sue and be sued in its own name. Such powers shall. be 14 exercised subject only to such restrictions -upon the manner of 15 exercising such powers as are imposed upon the Cities and County z w N 16 in the exercise of similar powers . o Q N(_) 17 � � mzn 18 Section 7. Additional Parties . U_¢ 19 ' Any incorporated city within San Bernardino County may 5 � rwZ j � Zrm 20 ` join the San Bernardino County Criminal Justice and Delinquency U~< 21 Prevention Planning District. Any such jurisdiction so joining N 22 shall become a mem'ner subject to the terms of this agreement. 23 The Committee shall establish such conditions for entry to the 24 District as will be fair to the new member and to all other member E 25 to this agreement. The governing 'board of the jurisdiction 26 that seeks to 3oin the District shall subscribe to this agreement, 27 28 Section S. Term and Termination. 29 This agreement shall be in full force and effect until 30 terminated by the parties thereto. Any party may, by resolution 31 of its governing body, withdraw from the District by giving at 32 least six months notice to all other parties , including the Board 33 that it is terminating its rights and duties under this agreement 34 No termination shall be effective prior to September 30 of the 35 year next following the date of notice. withdrawals from members 36 in the District by individual Cities shall not operate to -9- I terminate the agreement as to tha remaining members, nor to 2 terminate the district, unless the remaining memb er,hip excluding 3 the County is less than those signatories representing at least 4 one-half of the population of the dist?ict. Population figures 5 shall be determined by the latest published estimates of the 6 State Department of Finance. When any party has ceased to be a 7 party to this agreement, it shall not be entitled to again. become 8 a party to this agreement except upon consent of two-thirds of th4 I 9 �j remain-Lng parties and upon such terms and conditions as may be 14 f imposed by action of said parties . 11 12 IN WITNESS WHEREOF, the parties hereto have caused 13 + this agreement to be executed and attested by the proper 14 officers thereunto duly authorized, and their official seals to 15 be hereto affixed as of the day and year first above written. zW. 16 `L o.s -j w cN W C:< r �-u 17 � M:E 0 iu�o 18 a 19 } 0 F-- uC � nr,0 20 < 21 22 23 24 25 26 } 27 28 29 30 31 32 33 34 35 36 -10-- 1 � 2 CITY OF ADELANTO 3 Q / ---- 4 BY -- Attest- 14ayo 5 Pro Tem ore 8 �eu�y - y Clerk - 8 APPROVED AS TO FORR•1 th3.s - 10 11 day of , 78 12 13 By *� Cj-ty Attorney 14 t in 15 w� 16 n � 17 IL Z o :) mzo w ° u�z 18 LL >—LL Cc LL Uj-a 19 0Z' HEQa a ZULU 20 vim¢ 21 N ' 22 23 � CITY OF BARSTOW 24 � 25 B �d i y �rr.� � 26 Mayor 27 Attest: 28 'E 29 '��-- Y'---7"�I -•- 34 , City Clerk 31 32 APPROVED' AS TO FORM this 33 day of ,= _��,v��� , 1.978 34 J 35 y 36 C3-ty- Attorney 1 1 CITY OF CII1NO 2 r 3 By 4 �AttMayoryor est; 5 6 � ,� , t . 7 C3.ty Clerk 8 9 APPROVED AS TO FOPM this 10 11 day a - -.o- .r , 1978 12 --- 13 By 14 City -Ar 'o"}1eY Ln 15 / zwa 16 a 125 U 17 O � mT0 Uo �Wz 18 19 ozy0z � z3u�i 20 ` 0 U�,< 21 22 23 CITY OF COLTON 24 25 xsy� ayo 26 Attest: 27 E 28 29 Cxty Clerk 30 31 APPRO'V'ED AS TO FORM thi-s 3233 day of � r 1978 34 By 35 ~city Attorney 36 -12- i 1 CITY OF FONTANA 2 3 By 4 � I ��aY°r i Attest 5 3 6 7 City Clerk 8 9 APPROVED AS TO FOPM this 10 day of September 19 r 1978 11 12 13 BY 14 r 15 � z - 16 B lL Z ]w O 010 00uLK 18 SL } 5u 11c, 19 L) 20 oW< 21 22 23 CITE' OF LOMI LINDA 24 2 5 By rr ilayor 26 Attest: 27 { 28 29 City Clerk f 30 31 APPROVED AS TO FOMI this 32 33 clay [f � !? �r 1978 f� 34 3 5 By � • .1,j t A i tOrney 36 -13- 1 CITY OF MONTCLAIR 2 r � / 3 By ��R kA 4 ay 5 Attest: 4jr 6 � 7 ,, City Clerk 8 9 APPROVED AS TO FORM, this �s 10 11 day of �.�,-,� , 19 7 8 12 13 By 14 C L,-y Attq5:1�ney Ln 15 w a(n 16 i Vl F-V 1,. Z N -7 s O � 0]0d wo° U�,-Z 18 5:i'a LLt- 5Ma 19 a ° Z�w 20 ~¢ 21 22 23 CITY OF NEEDLES 24 ,� • 6f, 25 By dn Mayor 26 Attest: 27 28 A ti 29 City Cl 30 31 APPROV AS TO Ri„! this 32 � d of , 1978 33 34 B Lf 35 y At orney 36 CITY -OF ONTARIO 2 3 Byy" �O // agar Attest: (� 5 6 7 City Clerk E. 8 9 APPROVED AS TO F0P,ni tha.s 10 � day y of ) �' ., , 1978 12 / 13 By / /JJ a. Attorney 14 15 z�N 16 �' SFU 17 L z 50 O mso WOVE 18 u 5a az0yz 19 zR.w 20 D„m oz� 21 N 22 23 CITY OF RANCHO CUCAMIONGA 24 25 26 Mayor 27 Attest: 28 29 36 Cxty Clerk 31. 0,..APPROVED AS TO FOW4 this �^ 32 33 :>,day ate1978 4 J, ) _ 35 By ) �i 36 . ~'Cis Attorney i E 2 CITY OF REDLANDS 3 4 By 5 AtC3s : May 6 ' 7 8 y 3 U Czty erk 9 10 APVROVED AS TO FORM this 11 12 day of , 1978 13 /.� By [ C' �� 14 C).ty Aztorney 15 °z,- 16 Lu L z ate" 17 a :) mz0 , °U � z 18 tL >' LLa U- F L) 19 oz >Na ° z�La 20 U :)><CO 0 21¢ 21 22 CITY OF RIALTO 23 24 By l{ 25 Mayor Attest 26 27 28 City- C1e - !t/ 29 !� f 30 APPROVED AS TO FOM this „ J 31 day o 17�- � �Y,,_ �2 , 1978 32 _ 33 � 4 City Attorney 35 36 -16- 1 2 CITY OF SAN BERNARDINO 3 4 By W. R HQt COMB 5 Mayor Attest: ! 6 7 LUCILLE GOFORTH i1 1exk9$ City Clerk- 9 10 APPROVED AS TO FORM this / 11 12 day of r 1978 13 14 By �T' 15 City Attorney z 16 L °aa U- (25: 17 O D mTp W °uWz 18 u- c� aZ, }@z 19 o zi:w 20 N Q'"4 21 N 22 23 CITY OF UPJAND 24 25 26 Mayor 27 Attest: Kms, 1l-111.1 28 29 ` `t c rt".- _ ( �_ 30 Ci-ty 1ek 31 32 APPROVED AS TO FORA this 33 day of r 1978 34 35 By , polr 35 Y t� rne -17- A 6 CITY OF VICTORVILLE f� &Okoff1 2 BY 1 f / Mayor 3 Attest; 4 5 City Clerk 6 7 APPROVED AS TO FOX4 thrs /9 9 day 10 1l BY 12 C3-ty Attorn 13 14 LO 1.5 zWcv 16 IL z �4n17 COUNTY OF SA14 BE_P14A RDINO O � m�0 18 u } �LLa oz �[-z 19 B z�m 20 y �.F� `� '' YCha3-rzAnan of t e 0 W z21 ATTEST ' �% Board of SuperwLsors 22 � f ClemJ of the Board of 23 Supervisors 24 ' 25 By ' 26 I, 27 APPROVED AS. T{? FORT fl % 28 day of .? , 1978 29 ALAN K NIA- KS County Counsel 30 31 BY I �Qo 32 Chie j Dept County Counsel ADOPTED : 33 (( t Board of Supervisors 34 County of San Bernardino 35 �� 36 (SEAL) 1978 -lerk of the Board of Supervic J