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Home My WebLink AboutContracts & Agreements_9-1985_CCv0001.pdf AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS" THIS AGREEMENT AMENDMENT, dated for convenience on the lst day of October , 1984, is entered into by and between the COUNTY OF SAN BERNARDINO and the CITIES of CHINO, COLTON, FONTANA, GRAND TERRACE, LO MA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of which are bodies politic in the State of California. W I T N E S S E T H: WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNITRANS Joint Powers Agreement to provide for changes to the calculation of weighted vote entitlements of member agencies of OMNITRANS; NOW, THEREFORE, the parties to the OMNITRANS Joint Powers Agreement agree as follows: 1. Section 3.B. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to read as follows: Section 3.B. Voting. Each member of the Board of Directors shall have one vote, provided, however, that upon the call of any Board member , a weighted voting shall be used with weighted votes calculated as follows: Weighted vote entitlements shall be calculated based upon population. Each member agency shall receive one vote for each one percent (1%) of the total population of the OMNITRANS service area that resides within the member agency's jurisdictional Page 1 of 5 area. If the population percentage computation of a member agency results in a partial vote, the weighted vete calculation shall be made by rounding upward for population calculations of one-half percent (1/2%) or more, and rounding downward for population calculations of less than one-half percent (1/2%) except that no member agency shall have less than one vote when weighted voting occurs. The Controller shall compute the weighted vote entitlement for each member agency as of the preceding July lst based on the most recent Department of Finance Population Statements. The entitlement for the County of Ban Bernardino shall be determined by utilizing the most recent County Planning Department information indicating the percentage of unincorporated population of the County residing within the service area of Onitrans. In the event that the "off the top" funding method first approved by the Onitrans Board of Directors for the 1983-84 fiscal year is no longer used by Onitrans, then weighted voting entitlements shall thereafter be calculated in the manner that existed prior to this Amendment to the Omnitrans Joint Powers Agreement. Weighted vote entitlements of each member agency shall be computed by the Controller designated in Section 3.D. of this agreement and such computations will control in determining weighted votes. The weighted votes to which the County is entitled shall be divided equally among those Supervisors present. The weighted votes of any single representative shall not be split. The weighted voting of any single member agency shall not, of itself, constitute a majority vete. A quorum shall consist of a majority of the Page 2 of 5 membership of the Board of Directors, except that all County representatives on the Board of Directors shall be counted as one for the purpose of establishing a quorum. Less than a quorum may adjourn from time to time. All actions taken by the Board shall require a majority vote of the members present, with a quorum in attendance, provided, however, that adoption of By-laws, Amendment of By-laws, adoption of an annual budget and such other matters as the Board may designate shall require a majority vote of the entire membership of the Board (majority of total weighted votes of all parties if weighted voting is called for) . An abstention shall be considered neither an affirmative nor a negative vote, but the presence of the member abstaining shall be counted in determining whether or not there is a quorum in attendance. " 2. All other provisions of the Omnitrans Joint Powers Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date and year first above written. Dated: COUNTY OF SAN BERNARDINO ATTEST: Clerk of the Board Chairman, Board of Supervisors Dated: CITY OF CHINO ATTEST: City Clerk Mayor Page 3 Of 5 Dated: /a2 CITY OF C{ LTON ATT ST: City ClerkKa--yo--r Dated C "Y OF FONTANA ct ity Clerk Mayor Dated: Octnher 29, 1924 CITY OF GRANT} TERRACE ATTEST: City Clerk Ma or Dated; February 12, 1985 CITY OF LOMA LINDA AT ST: Cityf Clerk ( puty) Mayor Dated: CITY 4F MONTCLAIR ATTEST: City Clerk Mayor Dated: CITY OF ONTARIO ATTEST: City Clerk Mayer Dated: CITY OF RANCHO CUCAMONGA ATTEST: City Clerk Mayor Rage 4 of 5 Dated: c� - CITY OF RE LAI DS AT°ITEF f`Y t City -C e Mayer Dated; ' 'rte CITY OF RIALTO ATTE / Cit Cle k Mayer Dated: CITY OF SAN BERNARDINO ATTEST: City Clerk Mayer Dated, CITY 4F UPLAND ATTEST: City Clerk Mayor Page 5 of 5 v L�11�11�L1�711� INTER-OFFICE MEMO DATE: September 28, 1984 TO: Members of OMNITRANS Board of Directors FROM: Warren A. Knudson, OMNITRANS Controller SUBJECT: ONNITRANS Board Weighted Vote Board action on May 4, 1983, required that the weighted vote cal- culation be based upon POPULATION within a two year period. To com- ply with the stated Board action, a new calculation of the weighted vote has been made. Attached is a schedule comparing the new calculation to the most recent weighted vote calculation (population/assets) . Below is the proposed weighted vote by Jurisdiction: San Bernardino County 22 Chino 6 Colton 3 Fontana 6 Grand Terrace 1 Loma Linda 1 Montclair 3 Ontario 13 Rancho Cucamona 8 Redlands 6 Rialto 6 San Bernardino City 17 Upland 7 Total 100 Axa._ Warren A. Knudson OMNITRANS Controller WAK:rw Attachment 1700W EST 5TH STREET*SAN BERNARDI NO, CALIFORNIA 92411 *TELEPHONE (714) 889-0811 j COMPARISON OF CMITRANS BOARD WE<IGH00 VOTE BASED ON POPULATION most Percent of Population Recent Percent of Tbtal Weighted Weighted Most Recent Jurisdiction: Population: Population: Vote: Voter Weighted Vote San Bernardino County 173,233 22.3 22 356 41.0 Chino 45,847 5.9 6 26 3.0 Colton 23,331 3.0 3 28 3.2 Fontana 45,500 5.9 6 16 1.8 Grand 71�wrace 90651 1.2 1 6 0.7 Lcma Linda. 11,214 1.4 1 8 0.9 Montclair 24,695 3.2 3 33 3.8 Ontario 104,174 13.4 13 57 6.6 Rancho Cucamonga 61,624 7.9 8 15 1.7 Redlands 48,934 6.3 6 40 4.6 Rialto 44,101 5.7 6 25 2.9 San Bernardino City 131,030 16.9 17 225 25.9 Upland 51,988 6.7 7 34 3.9 AL: 775$ 22 100.0 100 869 100.0 City population from 1/l/84 DOF estimates County population from County Population-Housing Bulletin, Jan. 1984 * From OMNITRANS Controller 5/26/82