HomeMy WebLinkAboutContracts & Agreements_6-1976_CCv0001.pdf REMSED 1011717 -)
SANBAG JPA AKMME'LT3
AMENDED AC:i'U.MNT FOR TUE jCINT EX1: CIEK
OF POWERS RELATIVE TO TJ0E
+(;N yy HR hRDIN ASSOCIATED
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This agrecment is entered into b1 and between the County o;.•
Sian Bernardino, a political subdivision a x � State _c C ..
..tt `r - �G,7•-1 G"� the G S t,��,i,e L'-�. a�.�.:E C�i s?"s 1.�7,�
�t�:�'�'7.11:.;ft<er :`C'1Cs7`-. o as CO�i!il..:r and the C.1_•1.3� o Pl,i?��_�.n !- �.il_7'-
f i�.��.a, ii. i:i: l
C:L1;`l corporation , the MY Of Barstow,tow, a municipal corporation , the
City of China , a i'J n is i p.:i l corporation, t 3 eCity OL Cr .ton, . muni-
CPU
_ %'CPcorpor ;ion , the City G a'''i,�.'. p a3municipal
� � .. �•_4 yj.J t., 1.°.o1 po.L",i,i,, ;
the City of )mama L.+. `.i. , a municipal corporation , the City a! ,,'Fit.',t a_.li.t ,
f`1 municipal corporation , the City o: Needles, 20 Chii::t. uer city, lho
City of Ontario , ' municipal corporation , the City : ; e .cair , a
r ruIit_ci::s`. ! corporation , t City Of Rialto , cl's:tllliGi?3�t_� CUZ } C :. .
_: 1 .
the City of Sall i::C31':iardino , a t;ha i er city, ti�.�r:'.; ,
the City Gx 7 � ?
isiuT ?C::ip 1 ufZ ratio {,1 ti ,� C.i = t r� �`il�'t7 1
V14. :14, ..li t�[t is vr.I.; �'i . ♦ J�Z7 i.+-...eJ a .:1un 7_c7.pai
C:Grporatiou , herainaTtee referred to an CITIES,
The parties hereto decure as foijows :
1. WHEREAS , EncP _a 1 1 o this agreoiit;.al is a public '].gez1c
Gilt is aut:;=:t.l:Lzed to ri:". er into this ag"i oemen ' and
r WHEREAS,
RA h putty to this agreement entered into c n 2
C> .CLoy q joint roTnr lgr_ ;lCI1G CJEaji
io an Urt. ;.'^,137.11 -i::LOlI (S."iii
Bernardino As5'.:C):_:,ed Governments) to explore M study C:oLE!.+..tr1?::. do,
sU11e` ionasnd regional pTCLlLIs and toeffect _ mi4 ^ td intergavorn-
mental
3 . WHEREAS, the ,i'.Erti us ]:it:,w wish to amend such joint Pownrs
L;.
tO PrOvidc ci Mw organizational framework allowing more
6
direct participation by each of the parties ,
NOV..' `. HEREFORE, the parties hereto agree as follows :
EFFECTIVE DATE
1 . This agreement shall become binding upon each party=
hereto upon execution hereof by that party.
PURPOSE OF t^GREEME: T
2,, The purpose of this a�?;?�C'.t;in(:,�nl: is t0 it??prOVe aiid cOC)?.'ri1I7 t.i
g'overnniental services on a county'.,ide, subregionwl and regional
basis i.h.rough the establishment of a cooperative association of
governinents. Included within this purpose is the development Of a
tniCi.�;d z.,"Id coordinated subregional transit system. `.E'hi_s coopers--
give casso,3iation shell b^ known as the San Bernardino Associated
Governments , hereafter also known as SANBAG. The San Dern a.rdino
Associated Governments shall perform all necessary functions to Cul _
fel;. its purposes including , but not limited to, the following :
a. Serve, as a forum for consideration, study and
reoommenda.tion on countywide , subregional and
�.: ; .•,. ..n, i PYA c
b, Assemble Information helpful in the consideration
of probl.ems peculiar to the various see-E jojS 4r
clud.ed in the collective area. of the association
ineipborship.
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c. Serve as the subregional_ transit planning
and coordinating agency and perform the follov-
ing functions :
I . Develop the overall transit system plan
for the collective area of the associa-
tion membership.
11 . Resolve inconsistencies and coordinate
transit schedules and routings betveen
service areas.
III , Conduct system planning and provide
technical planning assistance to each
area 'Transit Service Authority, upon
request.
IV, Review SB 325 Article 4 claims in
accordance with SCAG (Southern California
Association of Governments) procedures,
provided such authority is delegated by
SCAG.
V, Plan transit priorities; coordinate.,
prepare, and submit applications for
Federal , State, or other transit support
funds which may become available.
VI, Coordinate all transit planning and
operational activities between arra Tronsit
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Service Authorities, and with adjacent
counties , and regional, State, and
Federal agencies .
VII . Prepare , and coordinate with the operating
agencies , a unified system identity and
a comprehensive, integrated marketing
program.
3. Common powers to be exercised in accordance with the
purposes of this agreement: are the powers to :
a. Establish advisory committees ;
b. Initiate studies to provide in.formatior,,
helpful and necessary to the consideration
of problems and proposed services to be
rendered by the parties;
C. Explore possible areas of i.ntergovernmeIntal ,
cooperation;
d. Employ agents and e-12ployees ;
e . incur debts, j J_ab4-.lj-ties , or 013 E:- `atic.n^ ;
f. Sue and be svNed; and
g. Make and enter into contracts to accomplish
the purposes of this agreement.
Common powers shall be exercised to aid, assist, extend,
and improve the intergovernmental cooperation and information of
the parties .
{y
ADMINISTRATION OF THE AGREEI ENT
4. The San Bernardino Associated Governments is hereby
formed, and pursuant to the provisions of Government Code Section
6506 , is designated as the agent to exercise the corimion powers
provided for in this agreement and to administer or otherwise
execute this agreement. The San Bernardino Associated Govern-
ments shall do whatever is necessary to carry out the purposes
of this agreement and shall make and enter into such contracts ,
incur sack dcb•ts -' ..; rt ; , - t,n �, n i..
4C}t4 'J.,�-�.vu.t•� J, 'utalr.�cs dS:�t� -uuc':,tl c....� cz�c].� lAat _L.-s
members , and perform such other acts as are necessary to the
accomplishment of the purposes of this agreement. The San Bernardino
Associated Governments shall constitute a separate public entity
pursuant to the provisions of Government Code Section 6507.
5. The San. Bernardino Associated Governments shall be
governed by a Board of Directors . The membership of the Board
of Directors shall consist of the members of the Board of Super-
visors of the County of San Bernardino and a representative , who
shall be either the Mayor or a Councilman, from each signatory
city. Each member of the Board of Directors shall have a vote .
Each signatory city rep resentEttive sl]all hav , orte c^,.l re:Ynatu^- ivi3o
shall- be an elected legislative officer of the city, except that
the County of San Bernardino shall have five (5) official repre-
sentatives and no alternates . The alternate shall serve in an
official capacity and be entitled to vote only in the absence of
the official representative of the Member city. A quorum s11a.11
consist of a majority of the members of the Board of Directors ,
and the Board of Directors shall act only upon a majority vote
of the members present with a quorum in attendance; provided,
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however, that bylaws and amendments and such procedures as it
may find appropriate to govern its functions sha-ll require a
major-ity vote of the entire membership of the Board of Directors .
TECHNICAL ADVISO;`Y COIR-IITTEE
b. There shall be established a Technical Advisory Com-
mittee to the Board of Directors consisting of two administrative
repr=esentatives of the County Administrator' s Office and City
S
11iCi7il =ire;`�^ti_ -rc /{ �-tr ?R�1x�eY
from ..c * t.: Citie
s .
STAFFING AND �MNAGE IN1ENT
7. The regular staffing and management of SANBAG shall_ be
separate and apart from any ccunty department or agency or
employees therefrom, and from any city department' s agencies or
employees therefrom. The management staff shall_ be selected
and appointed by the Executive Director. The Executive Director
shall, be appointed by and serve at the pleasure of the Board of
Directors. SA.NBAG may request assistance from the staff of any
signatory, and such assistance shall not be unreasonably refused.
FUNDS AND PROPERTY
8. The Treasurer of San Bernardino County shall maintain
in a separate trust accotait all funds received by the San Berna--lino
Associated Governments . Interest from such finds shah be de--
posited quarterly. Such funds shall be expended only in furth_rance
of the purposes of this agreement and pursuant to procedures
therefor established by the Board of Directors , and standard
accoui,.ting practices shall be used to accowlt for funds received
--b-
t
and disbursed. There shall be a strict accountability of all
funds. The account books shall be open at all times during
normal business hours to the inspection of any authorized repre-
sentative of any party to this agreement.
The San Bernardino Associated Governments shall be operated
on a fiscal year basis beginning on July 1 of each year and con--
tinuing until June 30 of the succeeding year. A qualified audi-
tor shall be selected by the Board of Directors . The auditor
may be, but need no` be, the Au.,di too of San Bernardino Coun`y
The auditor selected shall perforin an annual audit of the financial
operations of the Association and shall prepare a statement of
assets and Liabilities , a statement of receipts and disbursements,
and such other statements and reports as may be required by the
Board of Directors . A copy of the audit shall be disbursed to
the parties to the agreement.
Prior to May 15 of each year, the Board of Directors shall
adopt a final budget for the expenditures of the Association
during the next fiscal year.
FINANCING /yND BUDGET
9 . It shall be the responsibility of the Executive Director
to prepare an annual working budget to be submitted to the Board
o:' Directors for its consideration. The Board of Directors
shall determine and approve the final budget for the year.
During the period that the 1956 sales tax bond redemption
agreement between County and contributing Cities remains in effect,
general funds for the administrative costs and operation of
SANBAG shall. be -orovi ded by County from those sales tax revenues
contributed under such agreement 'tuhich are in excess of bond
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redemption requirements . Any signatory Cities not participating
in the sales tax bond redemption agreement shall make pro-rata
contributions to the SANBAG budgetary requirements computed by
the formula set forth in Paragraph 10 of this agreement, or
such other formula as may be agreed upon by all the parties .
Upon termination of the 1956 sales tax bond redemptio-n
program, contributions of all parties hereto shall be computed
by the formula herein before referred Lo.
ASSESSMENTS
10. In revi.ec,7ing the budget, the Board of Directors shall
determine whether additional assessments appear to be necessary.
If so, such additional assessments shall be computed on a formula
whereby 'one-half of such assessment shall be based on the popula.
tion of each signatory member and one-half on Che assessed
valuation of each signatory member, the County' s share being
based on tile: population and assessed valuation within the unin-
corporated territory only. Each party shall be informed of its
estimated assessment by April 1. After the final budget becomes
effective, the Board of Directors shale.. de te=irle the precise
amouant of the additional assessment, if any may be necessary,
and the parties shall be so informed. Assessments shall be payable
on or before August l for the fiscal year starting july 1.
In addition to the additional assessments as computed in
the preceding paragraph, advances from the public funds of the
parties hereto may be made for the purposes set forth, in this
agreement. Vnen such advances are made, they shall be repaid
from the first available funds .
�g_
The Board of Directors shall have the power to authorize
utilization of personnel, equipment, or property of one or more
of the parties to this agreement in complete or partial satis-
faction of such party' s obligations to pay assessments or make
advances .
All assessments or other monetary obligations hereunder
shall be paid. to the Association and shall be authorized for
expenditure by a majority vote of the Board of Directors in
f'Cri... Uai V., �.'2e� ? annual l �3iid•r}Jet .
ADDIT1014AL PARTIES
11. Any incorporated city within San Bernardino County, or
adjacent: county or portion of a county, and/or incorporated city
therein may join the Association. Any such juri.sdi-ction sa
joining shall become a member subject to the terms of this agree--
ment and shall be entitled to representation on the Board of
Di-rect.ors as provided herein. The Board of Directors shall
establish such conditions for entry into the Association as
will be fair to the new member and to all other ineniners to this
agreement. The governing beard of the Urist11 _c Li=)n that: seccks.
to join the Association shall subscribe t:o this agreerr.ant:.
TSI TkDRAINTAL
12 . Any party hereto may withdraw from the Association by
resolution of its governing body. Such withdral,7al shall be made
prior to May I of any year and shall be effective only as of
July 1 of the year withdrawal is made . If the debts and obliga-
tions of the Association exceed its assets and antiC.ioated inGOrr,G
�C�-
at the time of withdrawal, withdrawal may be effected only after
payment by the withdrawing party of its proportionate share of
the net debt and obligations of the Association.
TERMINATION
-13.. . This agreement may be terminated by resolutions. of the
governing board of a majority of the parties to this agreement .
The decision to terminate must be made prior to May l of any year.
Terrmi=zation shall become effective only upon July I of the year
termination is voted. Upon termination, all such claims against
the Association shah be paid and the remaining assets distributed
among the parties who have been members of the Association ir,
proportion to the total contributions made by such parties to
the Association.
COUNTY:OF SAAB BEK ARDI'_I O
Da ts ••--+rte.-�.�-..._.,-.� _— __ 4'
Chai.rmun, Board of u'.o rvisor.s
At tEx 5 4: /7
CITY OF ADE'LANTO
Dated:
Elyor
Attest:
Ci tar i,
,�r..
e S 3
CITY OF BARSTOW
Dated: A L' Ivk- .S"
Attest: �
Ci t-y Clerk--T'-"-
CITY
erk- tCITY OF CN-l.:�IO
Mao--
{'
GITY OF CCL' Oji
Dat:ed'--�,��,,��_� f X175 - •�' � __
A�.test:
CITY OF FO TTNA
Mayor
� �"'=-._G-==.•,'_, ,.': 1.�.�,.. .� ��,' -tet"';., ,
CITY OF L01% L.I.L`]t?,'!
AISS t: /
i ty G j-cm-1 " w
CITY OF MONTCTLAIR
Dated:
mayco�r
Attest:,
CITY OF NEEDILIES
Dated:
May r f ii
7 u
CITY OF RMLANDS
Dated:
4/
Magor
Attest:
City C 10:
C-iTkvf"F a'rmao
Dated:
At c, L f4ayor
City
CITY OF RIALTO
Dated:
,Attesk:
rf
CITY OF SANT
Dat-d:
l�j
�
At e s
f I
J
L�
CITY' OF, UPLA11D
Iain,oor
A.t t.a s'.
CITE' OF `IC i OR I'LlE �
Dated:
Mayor r
A ate s .
City c Ia �c
f
AIGI: dd
9/10/75
13-
CITY MANAGER (Continued)
Mr. Brown presented a request from Mr, James L. Mayfield,
SANBAG president, for approval of the reorganization of
SANBAG."` SANBAG by consolidating the executive board and general
Joint assembly to create a board of directors which would in-
overs clude representatives of each city and all five members
Amendment of the Board of Supervisors. Also it was decided that
the SANBAG technical committee should be expanded to in-
clude all city managers plus two county administrators.
This amendment as described by Mr. Brown was approved
unanimously on motion of Colncilwoman Grace, seconded by
Councilman Knudsen.
Funds A list of encumbrances submitted by the Director of
Finance for approval and reappropriation for 1975-76
Reappro- fiscal year was unanimously approved on motion of Cou.—
priation cilman DeMirjyn, seconded by Councilwoman Grace.
To be entitled to Federal funds under Title I of B.ousi::ig
and Community Development Act of 1974, Council must
appoint a CPAC committee, In executive session Council
Appointments decided to appoint the following persons to this advisory
CPAC Com- committee: Manuel Villegas, Joe Gonzalez, Jr. , Anita
mittee - Dimery, Leanora Jimenez, Louise Linton, and Capt, David
Community Johnstone.
Center These appointments were unanimously approved on motion
of Councilman Knudsen, seconded by Councilman Miller,
Mr. Schindler volunteered to call the first meeting.
Council added that Captain Johnstone will be asked to
chair the first meeting, with the delegates to elect
a permanent chairman at that meeting.
Resolution No. 3210, a resolution of the City Council
of the City of Redlands amending the Redlands Redevelop-
ment Area for project study purposes, was considered at
this afternoon "s Redevelopment Agency meeting, and is
presented for Council action this evening. This resolu-
Resolution tion includes the area recently annexed to the City of
No. 3210 Redlands for the K-Mart development. Dr. Miller moved
for adoption of Resolution No. 3210! motion seconded by
Amending Councilwoman Grace,
Redevelop-
ment Area The statements of this afternoon for and against the
motion were restated, with Mayor Cummings totalling the
amount of money which might be forfeited by the City to
other taxing entities in a 25-year period, in the event
the K-Mart property were not annexed to the Redevelop-
ment Area, to be more than one and one-half million
dollars. Following further discussion, Resolution No.
3210 was adopted by the following roll call vote:
AYES : Councilmembers Miller, Grace, Mayor Cummings
NOES: Councilmen DeMirjyn, Knudsen
ABSENT: None
Page six -
October 7, 1975
UNFINISHED BUSINESS
Ordinance No. 1566, an ordinance of the City of Redlands
amending the Redlands Ordinance Code to bring the Sign
Ordinance Code regarding advertising signs into conformity with
No. 1566 State requirements, was given second reading of the title,
Amending and adopted, on motion of Councilman Knudsen, seconded by
Sign Code Councilman Miller, with waiver of reading of the ordinance
in full, by the following roll call vote.-
AYES:
ote<AYES: Councilmembers Miller, DeMirjyn, Knudsen, Grace,
Mayor Cummings
NOES: None
ABSENT: None
The request for annexation of property on Alabama Street,
south of Redlands Boulevard, by Robert Kling was approved
Resolution and Council unanimously adopted Resolution No. 3218, which
No, 3218 states Council intention to proceed with this annexation
Intent to and authorizes the City Clerk to forward necessary papers
Annex, #51 to the LAFC, on motion of Councilman Miller, seconded by
Councilman DeMirjyn
CITY MANAGER
Resolution No. 3216, a resolution of the City CoiLnncil of
Resolution the City of Redlands establishing policies and procedures
No, 3216 for employee negotiations regarding wages, fringe benefits
Employee and working conditions for the 1976-77 fiscal year, was
Negotiations unanimously adopted on motion of Councilman Miller,
seconded by Councilwomans. Grace
City Manager Merritt presented and explained corrections
to SANBAG Joint Powers Agreement Amendment No. 3 , Follow-
2wers ing this, on motion of Councilman Knudsen, seconded by
Agreement, Councilman Miller, the corrections were approved as sub-
SANBAG mitted, with the Mayor authorized to sign the necessary
agreements,
Ordinance No. 1567, an ordinance of the City of Redlands
Ordinance amending Chapter 63, Bicycles, of the City of Redlands
No. 1567 Ordinance Code to bring this code into conformity with
Bicycle the State regulations, was given first reading of the
Licensing title and laid over under the rules with second reading
set for November 18, 1975,
Mrs. Mary Ann Mayo, of 582 Sunnyside Avenue, addressed
Council with a request that bus service be furnished to
the Redlands Bowl summer programs, Mrs. Mayo explained
that bus service would make the Bowl programs available
to peopsle, particularly in north Redlands, who do not
Page four -
November 4, 1975