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HomeMy WebLinkAbout4709_CCv0001.pdf RESOLUTION NO. 4709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE SECOND AMENDMENT TO THE EAST VALLEY PLANNING AGENCY JOINT POWERS AGREEMENT WHEREAS, the County of San Bernardino and the cities of the East Valley (Colton, Fontana, Redlands, Rialto, San Bernardino and Loma Linda) , did form, under a Joint Powers Agreement dated December 29 , 1969 , the East Valley Planning Agency, as an advisory agency to promote coordinated and comprehensive planning; and WHEREAS, the general purpose of this agency is to provide a vehicle by which the individual communities of the East Valley areas of the County of San Bernardino may proceed with special planning studies needed within their respective communities while assuring that the planning studies are coordinated (within the framework of a comprehensive area-wide plan) ; and WHEREAS, the East Valley Planning Agency was conceived to include all incorporated cities in the East Valley, to be governed by the Governing Board composed of one Councilmember appointed by each incorporated city and the County Supervisors whose districts lie within the East Valley; and WHEREAS, as a result of redistricting, the Fourth Supervisorial District no longer encompasses land areas within the East Valley region; and WHEREAS, the agreement should be amended to delete the Fourth Supervisorial District; and WHEREAS, the duly-elected Supervisor of the Fourth District has requested to be deleted from the membership of the East Valley Planning Agency; and WHEREAS, deleting the Fourth Supervisorial District leaves positions for three County Supervisors on the governing board; and WHEREAS, designation of the remaining two County Supervisors as alternatives will advance the purposes of County representation and the achievement of a quorum; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Redlands adopts the Second Amendment to the Joint Powers Agreement creating the East Valley Planning Agency, to reduce County membership on the governing body to three Supervisors and to provide for designation of the remaining two County Supervisors as alternates, and further authorize the Mayor to sign said Amendment on behalf of the City of Redlands . APPROVED AND SIGNED THIS 6th day of November, 1990 . Mayo f of edlands ATTEST: it lerk I, Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that the foregoing resolution was adopted by the City Council on the 6th day of November, 1990 , by the following vote: AYES: Councilmembers Beswick, Cunningham, Larson, Milson, Mayor DeMirjyn NOES: None ABSENT: None ity C erk 3 4 ATTEST: CITY OF SAN BERNARDINO 5 6 7 8 Clerk W.R. "Bob" Holcomb, Mayor 9 Dated: , 1990 10 11 ATTEST: CITY OF LOMA LINDA 12 13 14 Clerk T. Milford Harrison, Mayor 15 16 Dated: 1990 Zo W ' N 17 D Nom 18 ATTEST: a m 0 0 3 u U 00 19 EARLENE SPROAT COUNTY OF SAN BERNARDINO °z = a Clerk of the Board of Supervisors DCc ¢ 20 of the County of San Bernardino Qzm 2 sz 1 w < 22 23 By: By: Deputy BARBARA RIORDAN, Chairman 24 Board of Supervisors 25 26 Dated: , 1990 Dated: , 1990 27 28 an Approved as to For : 29 Dated: 1990 30 31 3By. 2 PAUL 'F. MO 33 Deputy County Cou el 34 35 36 MEL:JtPwrEVP -3- SECOND AMENDMENT TO 1 JOINT EXERCISE- OF POWERS AGREEMENT CREATING 2 THE EAST VALLEY PLANNING AGENCY 3 4 5 THIS AMENDMENT TO AGREEMENT, dated for convenience this 6th 6 day of November _ , 1990, among the Cities of Colton, Fontana, 7 Redlands, Rialto, San Bernardino, Loma Linda and the County of 8 San Bernardino for the purpose of making certain amendments to 9 the Joint Exercise of Powers Agreement creating the East Valley 10 Planning Agency, dated the 29th day of December, 1969 11 ("Agreement") , as amended December 14 , 1970, by changing the 12 membership provisions. 13 14 The Agreement is hereby amended as follows: 15 1. Subsection B of Section 3 of the Agreement is amended to z0 16 read as follows: 17 B. The agency shall be administered by a governing oo U 18 board of nine members, each serving in his or her � sz 19 individual capacity as a member of the governing O Z d ¢ o � z 20 board. The members of the governing board shall be � s 2.1 appointed in the following manner: The City 22 Council of each city party to this Agreement shall 23 appoint one council member as a governing board 24 member and an alternate council member to serve in 25 the absence of the regular council member. The 26 Board of Supervisors of the County of San 27 Bernardino shall appoint three Supervisors, each of 28 whose districts is included in the East Valley 29 area, as governing board members, and two alternate 30 Supervisors, each of whom may serve in the absence 31 of one of the regular Supervisor members. 32 Governing board members shall serve at the pleasure 33 of their respective appointing authorities. The 34 governing board shall be called "Governing Board of 35 the East Valley Planning Agency" . All voting power MEL:JtPwrE -1- shall reside in the governing board. l 2 . This agreement shall take effect and be in force on the 3 date when the last party has executed an identical counterpart 4 copy and filed it with the Clerk of the Board of the San S Bernardino County Board of Supervisors. 6 7 IN WITNESS WHEREOF, each party has executed an identical 8 counterpart copy of this agreement upon the date set forth before 9 its signature. 10 11 Dated: 1990 12 ATTEST: CITY OF COLTON 13 14 15 16 Clerk - Frank Gonzales, Mayor z a 17 Dated• 1990 � w 18 > ° ° 19 ATTEST: CITY OF FONTANA ° Z < 1 1 � ' Z 20 o s Uzm 21n z cn 7� 22 Clerk Nathan A. Simon, Mayor 23 24 Dated: Nov. 6 , 1990 25 26 ATTEST: CITY OF REDLANDS 27 -78 29 ---Clerk r ar `e$ QeMi rj yn, ,Mayor 30 ` Dated: , 1990 31 32 ATTEST: CITY OF RIALTO 33 34 35 Clerk John Longville, Mayor 36 Dated: 1990 KEL:JtPwrEVP -2- i DRAFT NO. Exhibit-A Orig. JPA z JOINT EXERCISE OF POWERS AGREEMENT CRI;ATING THE EAST VALLEY PLANNING AGENCY l� y 2 THIS AGREEMENT, Dated for convenience as of the 1 r� Ikt4• day of i 3 )'. h.. �, 1969, by and between: 4 + COUNTY OF SAN BERNARDINO a body corporate and politic 51 CITY OF CO.LTON 6 a municipal corporation 7 CITY OF FONTANA a municipal corporation 8 I CITY OF REDLANDS 9 a municipal corporation 101 CITY OF RIALTO a municipal corporation a 11 I CITY OF SAN BERNARDINO 121 a municipal corporation 13 i and any other city governments which hereafter become signatories herein. i !� I 14 ; WITNESSETH: 15 i WHEREAS, under the provisions of Title 7, Chapter 3, Articles 7 and I I 16 9 of the Government Code of the State of California (Government Code i 17 Section 65,000 et seq), the local agencies, parties hereto, are each 18 / empowered to adopt comprehensive master plans for the devc1opme:3t of 19 the areas within their respective jurisdictions; and i 20 j WHEREAS, under the provisions of Title 1, Division 7, Chapter 5 I 21 of the Government Code of the State of California (Government Codc Section 22 ! 6,500 et seq.), the parties hereto may jointly exercise powers common to 23 t all; and 24 WHEI.EAS, Congress, under the provisions of U.S.C.A., Title 42, 25, Section 1,500 et seq. has declared that there is an urgent need for unified_ 26 li arca programs to promote coordinated and comprehensive planning 27 relating to the development of urban areas in order to help curb urban 28 sprawl and to encourage a more orderly and harmonious development of 29 i urban areas for the benefit of all inhabitants residing within the area, and 30 ! WiIER1:AS, the Federal Department of Houning &t Urban Development 31 and local agency matching funds or services may be available for fiu:ancing 32 ' the econraai.n.; and iartJ use elenaunz.^. of cno::linatcd planning, lI �I Ili I slndics; and 2 MIE1:F,A:S, it is the desire of the parties hereto to become members 3 of and par:icipaw in the agency hereby established. d NOW, THEREFORE, in consideration of the mutual promises, 5 covenants and conditions hereinafter contained, the parties hereto, and any 6 ratifying p.rtic;, and each of them, agree as follows: 7 SECTION I. PURPOSE 8 The guncral purpose of this agreement is to provide the new vehicle 9 f by which the individual communities in the East Vallizy area of the County 10 i of Saiz Bernardino, as shown upon the snap attached hereto marked 11 Exhibit "A" and incorporated by reference, may proceed with the special I 12 planning studies needed within their respective comnrunities while still 13 I assuring'that each of the said planning studies are coordinated within the 14 framework of a comprehensive area-wide plan. Comprehensive area-wide 15 i planning, within the meaning of this agreement, is a systematic and 10 i continuing process designed to help solve current problems and provide for 17 ; future: needs. It includes the identification and continuous refinement of 18 ; objectives and criteria; collection and analysis of pertinent data; considc.a- I 19 tion of alternative courses of action; policy guidelines on selected courses o: i 20 action; coordination of local plans and of programs and activities affecting 21 the deveiopmrnt of the arca; formulai.ion, maintenance and updating of a 22 comprehensive cleveiopnzent pian; and capital improvement programming 23 and other measures to implement the plan. ?,h Comprehensive planning includes, but shall not be limited to, studies 25 relating to land use, transportation, watcra and sewers, open space and 26 recreation, airports, housing, health and education facilities, community 27 development and renewal thereof, zones of influence and otter aspects of 28 physical, economic and social development of significance to the over-all 29 urban area. 30 SEC'rION 2. TERM 31 This agreement shall become e;ffcct.ivc as of the date hereof and shell js conti;isc in full force and effect until it is rescinded or terminated by mutual agrcernent of die! parties. i 2 I� �I E" : n S EGTION 3. PLANNING AGENCY A. There is hereby created a public entity to be known as "East I' 31j Valley Planning Agency" (hereinafter called the "East Valley Agency") and 4 said Agency shall be a public entity. I 51B. The East Valley Agency shall be administered by a governing 5!! board of nine (9) marnbers, each serving in their individual capacities as 7 members of the governing board. At the first regular n-iceting following I! 8}: the execuiion of this agrecmen4, the city council of each city party to this I 9 agreement shall appoint_ one councilman and an alternate to serve in the I 10 t absence of the regular member as a member of the governing board. The 11�! County of San Bernardino shall appoint the four (4) supervisors whose f 12 it districts ar a included in the East Valley area, and an alternate supervisor 13.1 from the other district to serve in the absence of the regular members, as 141 members of the governing board. The members of the governing board { 15:i appointed as hereinbefore provided shall serve at the pleasure of their 15 respective appointing authorities. Such governing board sha1l be called f� 17�j "Governing Board of the East Valley Planning Agency". All voting power 181 shall reside in the Governing Board. 19 C. MEETINGS OF GOVERNING 13CARD 201, 1. Regular Meetings 21�' The governing hoard of the East Valley Agency shall provide 22!, for its regular meetings; provided however, it shall hold at 1 23 " least one regular meeting each year. The date, hour and p b g 24�`• lace of the holding of the regular meetings shall be fixed I, 251 by resolution of the governing board and a copy of such j resolution shall be filed with each party hereto. 27�� Z. FLALPIi M. BROWN ACT I 28I� All meetings of the governing board of thn Agency, including,! I. 2910 without limitation, regular, adjourned regular and special i meetings shall be c.11ect, noticed, held and conducted in 311 accordance with the provisions of the Ralph M. Brown Act 32�4 (coninicnchig with bucl,"on 54):)0 of tilt Uoverninei,t Code). _ 3 .f� I; II I I 1 cnp;wity to coordinatt- disrussion and policies relative to general County-.wide 2 plunning. Th: "l.;:ccutivc CommUtecwill carry out the policies of the k 3;1 General A:,:ters+t3ly, upoi,eor County-wide studics or studies affecting more k; 4 than one wren and %vill act as liaison with other State add Federal agencies. 5Ii (Chart marked "Y'Nhibil 13" attached). 6 i� SECTN 4. l'0111E'RS 7 ' The l :—.1 Valicy A;tc:ncy shall have the power, in its own name, to 8 ; accent c;(ntril=;.tions, giftu aced grant., make and enter into contracts, to sue i EJ Il and lace sued, and to incur r;cbts, liabilities or obligations necessary for the -loll accontpUshnu-nt of the act forth in thin agreement within the I' budgctcd fundr. -.-v ,ilabic frori voluntary contributions. 12 I SECTION 5. ! FFrCLIVE I7ATI? OF AGRIF MLNT � t i13!Ii 'This a(;rnesncsat shall be effective argon its execution by allof the 141; original natned I)7'rties to the agrecrnant. 15 SL:CT101r' G. AGENCY ACTS k f 1G Any platy or inadification of pl..m or any other act of the Fast Valley I I' 17 Plamninu Agency :;hould be advisory only and shall n.ot have any binding effect 18 on the Cuunty or cities locafcd within tate boundaries of the Last Valley Planning, 19 Agency; and.no nicniber of this Agency shall be prejudiced or estopped in any 20 II proc:aedinbs by reason of its participation in this Agency. 21 SECT ON 7. TFRMINA TION I � 2?. Notwithstanding anything to the contrary hereinbefore contained, it is II 23j� undo-rstood and agreed thal: any party to this agreement may cease to.be a party 24 hereto and may withdraw front membership in the k::cst Valley Agency by the 25:1 adoptioa by its legislative holy of a resolution of intention to withdraw and by 26' giving the. Secretary of the Last Valley Agcsscy and the other parties to this 1 27 agreement written notice of its intention to withdraw addressed thirty (30) clays I 4� :I 28 before the effective elate thereof. if at any tine after the effective date of this 29;j' agreement, fewer than fifty percent (5(1",;x) of the signatories are parties to this II I" 30r agre nmertt, thin af;ronitlent 814.111 terniinntc. Upon the termination of this k agrccrnent, any money or ; nsets in posser:taion of the Fast Valley Agency after I the. ;mignicnL of all li.ahililic.:;, costs, v.-g)enses and charges iu`tkrrccd under thi.i �1 I I I • �i f f, 1 3. MINUTES 2 The Secretary of the Al;c:ncy shall. cause to be kept minutes 11 of the regular, adjournc.d rc+gul:ar and special meetings of ii 4-i the eaverniu.q board and shall, as soon as possible after li 5 each meeting, cause a copy of the minutes to be forwarded 6 to cath menalyar of t.lac governing board, to the respective 7 i cities and to the County. i I; B'' 4, QUORUM 9 4f A simple majority of the governing board of the Agency shall 10 conrt:itute a quorum for the transaction of L-u:;incss excclat 11 that less than a quorum may adjourn a meeting from time to 1^I# lira i C. 1 13,_1 D. OFFICERS 14!! The governing board shall elect the chairman and vice chairman of the Agency to serve for ouch period of time as said board shall determine �I 16!; Said povcrning board shall alaav appoint a secretary who may, but need not, I 17 ii be a member of the governing board. E. BY-LAWS, RULl.S AND AMIENDMIENTS THERETO. 19 The governing board of the Agency tinny adopt such by-laws as 20 deerned necessary and may from time to tinie adopt such rules and regula- 21 flk tions for the conduct of its mectings and affairs as may be required. This 22 agreement may be amended at any time by the written agreement of all 231; parties to it. Any by-laws or rules and regulations adopted by the governing. 24�! board may be amended at any time by majority vote of the governing board. 25 11 k. GENERAL ASSEMBLY ANI) EXECUTIVE COMMITTEL•' 1 i 26There has been created a West Valley Planning Agency, and 27 there may hereafter be created an additional and similar planning agency ?.Ei,1 to coordinate planning within the "Desert-Mountain Comununities" of the 291, County of San Bernardino. It is agreed to form a "General Assembly" and 3011 "Executive Committce" consulting of representatives frons the governing I I 3111 boards of the rcgpective planning agencies already formed as well as any 32;1 other similar agencies. The "General Assumllly" wiJI act in in advisory 4 �i �t I 11: agreenu•nl shall be returned to the parties in proportion to their contributions E' 2 deteru,iizcd a. of the time of termination. 3 10 WITNESS WHEREOF, the undersigned cities and the County of 41. San Bui nardinn have executed this agreement upon the respective dates set i forth erter their signature. i Gx 7'j Date tt: 1969 4: ATTL T., CITY OF COLTON 7.0 I 1.: erk Mayor .. Dated ;" V969 IE ATTmr,T: CITY OF FONTANA 11 J f Clerk ,. Mayor Dated / %- /17, 1969 E 20n II ATTEST: CITY OF REDLANDS 214j !' % 'i'f Mayor" I 24;, Dated ,;;t -�:,��?%� 1969 25!; 26li ATTEST: CITY OF RIALTO27 i i 7-1/" ) / Clerk Mayor E 29 DA-teQ�� 1/�/;!,l� 1969 30 u 31;j ATTEST: CITY OF SAN BERNARDINO 32!1 !� �' C'lk 'Mayori�— i Dated 1969 ATTEST: , ......I ,j,,.I.Lr. COMWI CUP,, COUNTY Or SAN BE:RNAnDINO f-':V L%Ct!iM-';VVN ff Till. C 4 5 fit[I)3 Chairman, Board of Supervisors 7 DA TED: 1969 8 4, ,I San'Be, tartlino County m--n'.) 10 iz 13 ti I 15 1611 17 18 19 20 ri 22 22 23 24 25 tr 26 27 E! 28 29 30 3111 32 Exhibit-B I st JPA Amenbment I AMENDMENT TO JOINT EXERCISE OF P014ERS 2 AGREErMNT CREATING THE; EAST VALLEY -.3 `..PLANNIN; AGENCY 4 -5 -THIS AMZNDMENT TO AGREEMENT, made this _ /'� day of 5 ar c e ,,, 1970, alters that agreement referred to above 7 by adding the City of Loma Linda as a party thereto. g , The agreement entitled Joint Exercise of Powers Agreement 9 Creating the East Valley Planning Agency is hereby amended as 10 follows: 11 1. * On the first .page of the agreement hereof, the 12 paragraph beginning on line 2 shall read: 13 THIS ACREEMENT, dated for convenience as of the J 14 day of Dr1969, by and between: we . ., m =-' i15 COUNTY OF SAN BERNARDINO ZSr :) S: ,9 a body corporate and politic r U16■x :1 16 CITY OF COLTON } -z 17 a municipal corporation ° z ;z 18 CITY OF FONTANA 3 �. 0 W a municipal corporation z 19 CITY OF REDLA"NrDS -_20 a municipal corporation 21 CITY OF RIALTO -a municipal corporation 22 CITY OF SAN BEMNARDINO 23 a municipal corporation 24 CITY OF L01IA LINDA a municipal corporation 25 and any other city governments which hereafter become signatories 26 herein. 27 2. On page 3 of the agreement hereof, the paragraph 2B beginning on line 5 shall read: 29 B. The East Valley kvcncy shall be administered by a 30 governing board of ten (10) mcmbers, each serving in their 31 individual capacities as members of the governing, board. At the 32 first regular meeting following the execution of this agreement, -1- I the city council of each city party to this agreement shall 2 appoint one councilman and an alternate to serve in the absence 3 of the regular member as a member of the governing board. The 4 County of San Bernardino shall appoint the four (4) supervisors 5 whose districts are included in the East Valley area, and an 6 alternate supervisor from the other district to serve in the 7 absence of the regular members, as members of the governing 8 board. The members of the governing board appointed as herein- 9 before provided shall serve at the pleasure of their respective 10 appointing authorities. Such governing board shall be called 11 "Governing Board of the East Valley Planning Agency." All 12 voting power shall reside in the Governing Board. 13 IN WITNESS 14HEREOF, the undersigned cities and the o • J 14 County of San- Bernardino have executed this agreement upon the W °. z �` � 15 respective dates set forth after their signatures, c 0 u; v 16 Dated: l , 1970. CITY OF COLTON 17 ATTEST: � f r • a Q D z z 19 C er Iayor� 20 Dated: / % , 1970. CITY OF FONTANA 21 ATTEST: 22 er Mayor 23 Dated: /�7- 3a - , 1970. CITY OF REDLANDS 24 ATTEST: 25 Jj ��; •�.26 e _.Mayor 27 Dated: -3, _ 7v , 1970. CI Y OF RIALTO 28 ATTEST: 29 1 1er c Say© 30 Dated: / , 1M4 CITY OF SAN BEnNARDINO 31 32 , ATTEST: er ayor -2- CC 1� I Dated: 17_7_-,, -19-7$: CITY OF LOi-L4 LINDA 2 A T: 3 �• �f a ark Mayor 5 Dated: DEC 1 4 1970 1970. COUNTY OF SAN BERNARDINO 6 ATTEST: V. DENNIS WARDLE, County 7 Clerk 8 RUBEN S. AYALA, Chairman oard of Supervisors g By � ,,,<� �!1 •7.4��ri� Deputy 10 11 12 13 o 14 Ide.� mz�z 15 r z ; u L 0 e; Y 16 e } u`► * 17 ozza � > > .. z 18 Oo=h U z 19 20 21 22 23 24 25 26 27 28 29 30 31 PAG:vEc 32 10-23-70 -3- 13 LAND MANAGEMENT x p�a c C COUNTY OF SAN BERNARDINO ENVIRONMENTAL LAND MANAGEMEN 1T DEPARTMENT MGN �����i�if9��.� PUBLIC WORKS AGENCY 385 North Arrowhead Avenue • San Bernardino, CA 92415-0180 • 17141 387-4091 JOHN N. JAQUESS Land Management Director OFFICE OF PLANNING October 2 , 1990 Sharon W. Hightower �f County Planning Officer City of Redlands € + OFFICE OF SURVEYOR Claude D. Tomlinson, L.S. Louie Poyzer, City Clerk =' County Surveyor 30 Cajon Street OFFICE OF BUILDING AND SAFETY P.O. Box 3005 Larry L. Schoelkopf, P.E. Redlands, CA 92373 County Building Official RE: Second Amendment to the East Valley Planning Agency JPA Dear Ms. Poyzer: Please find attached a draft resolution and the Second Amendment to the Joint Powers Agreement (JPA) for the East Valley Planning Agency, for adoption by your City Council. The Amendment removes the County's Fourth District Supervisor from the JPA. As a result of redistricting, the Fourth District boundaries are no longer a part of the East Valley Region. The principal function of the Planning Agency is to act as the Airport Land Use Commission. The draft resolution is provided for your convenience. So long as your council approves the amendment and authorizes someone to sign it, any customary form of taking those actions is acceptable. Please return the executed amendment and a copy of your City Council action to the Clerk of the Board of Supervisors, as the amendment will not become effective until all of the member cities and the Board of Supervisors have adopted and signed it. In order to expedite action on this amendment, we propose to have the parties sign separate counterpart copies rather than circulating the same document for signature by all. Please leave the date on the first page blank, but enter your date of execution next to your city's signatures. The complete set of counterpart copies will be dated, copied and copies sent to you after they are all signed. Should you have any questions regarding this letter, or the attachments, please do not hesitate to give me a call at (714) 387-4141 or Ron Riley at 387-4110. ea Page two Letter to Poyzer Please schedule this for City Council action as soon as possible. Your help is greatly appreciated. Sincerely, Sharon Hightower, Director Planning Department SH:tl Attachments: Resolution, Amendment, JPA and Prior Amendment CC: Charles G. DeMirgyn, Mayor John E. Holmes, City Manager Carole Beswick, Council Member Swen Larson, Council Member William Cunningham, Council Member Dee Ann Milson, Council Member Ron Riley, Senior Planner, Staff to ALUC Earlene Sproat, Clerk of Board of Supervisors