HomeMy WebLinkAboutContracts & Agreements_20-1969 13�{f1 "1' NO. L
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JOINT EXERCISE OF POWERS AGREEMENT CREATING
2 THIS AGREEMENT, Dated for convenience as of the day of
3 1969, by'and between-
4 COUNTY OF SAN BERNARDINO
a body corporate and politic
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CITY OF COLTON
6 a municipal corporation
7 i CITY OF FONTANA
a municipal corporation
CITY OF REDLANDS
9 a municipal corporation
10 CITY OF RIALTO
a municipal corporation
11
CITY OF SAN BERNARDINO
12 a municipal corporation
13 and any other city governments which hereafter become signatories herein.
14 WITNESSETH:
15 € WHEREAS, under the provisions of Title 7, Chapter 3, Articles 7 and
16 9 of the Government Code of the State of California (Government Code
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17 i Section 65,000 et seq), the local agencies, parties hereto, are each
18 I empowered to adopt comprehensive master plans for the development of
19 I the areas within their respective jurisdictions; and
20 ( WHEREAS, under the provisions of Title 1, Division 7, Chapter 5
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21 I of the Government Code of the State of California (Government Code Section
22 ! 6,500 et seq.), the parties hereto may jointly exercise powers common to
23 I all; and
24 I WHEREAS, Congress, under the provisions of U.S.C.A., Title 42,
25 II Section 1,500 et seq. has declared that there is an urgent need for unified_
26 ! area 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 o•r.derly and harmonious development of
29 ( urban areas for the benefit of all inhabitants residing within the area; and
30 ( WHEREAS, the Federal Department of Housing & Urban Development
31 and local agency matching funds or services may be available for financing
32 the economic, demographic and land use elements of coordinated planning
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1 studies; and
2 WHEREAS, it is the desire of the parties hereto to become members
3 of and participate in the agency hereby established.
4 NOW, THEREFORE, in consideration of the mutual promises,
5 covenants and conditions hereinafter contained, the parties hereto, and any
6 ratifying parties, and each of them, agree as follows:
7 SECTION 1. PURPOSE
8 The general purpose of this agreement is to provide the new vehicle
9 by which the individual communities in the East Valley area of the County
10 of San Bernardino, as shown upon the map attached hereto marked
11 Exhibit "A" and 'incorporated by reference, may proceed with the special
12 planning studies needed within their respective communities while still
13 assuring that each of the said planning studies are coordinated within the
14 I framework of a comprehensive area-wide plan. Comprehensive area-wide
15 I planning, within the meaning of this agreement, is a systematic and
16 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; considera-
19 tion of alternative courses of action; policy guidelines on selected courses of
20 action; coordination of local plans and of programs and activities affecting
21 the development of the area; formulation, maintenance and updating of a
22 comprehensive development plan; and capital improvement programming
23 and other measures to implement the plan.
24 Comprehensive planning includes, but shall not be limited to, studies
25 relating to land use, transportation, waters and sewers, open space and
26 recreation, airports, housing, health and education facilities, community
27 development and renewal thereof, zones of influence and other aspects of
28 physical, economic and social development of significance to the over-all
29 urban area.
30 SECTION 2. TERM
31 This agreement shall become effective as of the date hereof and shall
32 continue in full force and effect until it is rescinded or terminated by mutual
agreement of the parties.
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1 4 S ECTION 3. PLANNING AGENCY
2; A. There is hereby created a public entity to be known as "East
3 Valley Planning Agency" (hereinafter called the "East Valley Agency") and
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41i said Agency shall be a public entity.
5 B. The East Valley Agency shall be administered by a governing
6 board of nine (9) members, each serving in their individual capacities as
7 members of the governing boar d. At the first regular meeting following
8 the execution of this agreement, the city council of each city party to this
9 agreement shall appoint one councilman and an alternate to serve in the
10 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
12 districts are included in the East Valley area, and an alternate supervisor
13 I from the other district to serve in the absence of the regular members, as
14 i members of the governing board. The members of the governing board
15 I appointed as hereinbefore provided shall serve at the pleasure of their
16 respective appointing authorities. Such governing board shall be called
17 "Governing Board of the East Valley Planning Agency". All voting power
18 shall reside in the Governing Board.
19 C. MEETINGS OF GOVERNING BOARD
20 1. Regular Meetings
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21The governing board of the East Valley Agency shall provide
22 for its regular meetings; provided however, it shall 'hold at
23 least one regular meeting each year. The date, hour and
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24 place of the holding of the regular meetings shall be fixed
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25 ' by resolution of the governing board and a copy of such
26 i' resolution shall be filed with each party hereto.
27 Z. RALPH M. BROWN ACT
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28 All meetings of the governing board of the Agency, including,
29 i� without limitation, regular, adjourned regular and special
3011 meetings shall be called, noticed, held and conducted in l
31I accordance with the provisions of the Ralph M. Brown Act
32 (commencing with Section 54950 of the Government Code).
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1 3. MINUTES
211 The Secretary of the Agency shall cause to be kept minutes
3 of the regular, adjourned regular and special meetings of
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4!i the governing board and shall, as soon as possible after
.5 1 each meeting, cause a copy of the minutes to be forwarded
6 to each member of the governing board, to the respective
7 i cities and to the County.
8 4. QUORUM
9 A simple majority of the governing board of the Agency shall
10 constitute a quorum for the transaction of business except
11 that less than a quorum may adjourn a meeting from time to
1.2 time.
13 D. OFFICERS
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14 The governing board shall elect the chairman and vice chairman
15 of the Agency to serve for such period of time as said board shall determine
16 1 Said governing board shall also appoint a secretary who may, but need not,
17 ' be a member of the governing board.
18 E. BY-LAWS, RULES AND AMENDMENTS THERETO.
19 The governing board of the Agency may adopt such by-laws as
20 deemed necessary and may from time to time adopt such rules and regula-
21 i tions for the conduct of its meetings and affairs as may be required. This
22 1 agreement may be amended at any time by the written agreement of all
23 parties to it. Any by-laws or rules and regulations adopted by the governing
24 i� board may be amended at any time by majority vote of the governing board.
25 F. GENERAL ASSEMBLY AND EXECU'T'IVE COMMI'T'TEE
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26!1 There has been created a West Valley Planning Agency, and
27 E there may hereafter be created an additional and similar planning agency '
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28, to coordinate planning within the "Desert-Mountain Communities" of the
29 County of San Bernardino. It is agreed to forma "General Assembly" and
30 "Executive Committee" consisting of representatives from the governing
31 boards of the respective planning agencies already formed as well as any
321 other similar agencies. The "General Assembly" will act in an advisory
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1 capacity to coordinate discussion and policies relative to general County-wide
2 planning. The "Executive Committee will carry out the policies of the
3li General Assembly, sponsor County-wide studies or studies affecting more
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4.I than one area and will act as liaison with other State and Federal agencies.
5 (Chart marked "Exhibit B" attached).
6 SECTION 4. POWERS
7 The East Valley Agency shall have the power, in its own name, to
8 accept contributions, gifts and grants, make and enter into contracts, to sue
9 and be sued, and to incur debts, liabilities or obligations necessary for the
10 accomplishment of the purposes set forth in this agreement within the
11 budgeted funds available from voluntary contributions.
12 SECTION 5. EFFECTIVE DATE OF AGREEMENT
13 i This agreement shall be effective upon its execution by all of the
14 original named parties to the agreement.
15 SECTION 6. AGENCY ACTS
16I Any plan or modification of plan or any other act of the East Valley
17 Planning Agency should be advisory only and shall not have any binding effect
18 on the County or cities located within the boundaries of the East Valley Planning
19 Agency; and.no member of this Agency shall be prejudiced or estopped in any
20 proceedings by reason of its participation in this Agency.
21 E SECT ON 7. TERMINATION
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22 I Notwithstanding anything to the contrary hereinbefore contained, it is
23 � understood and agreed that any party to this agreement may cease to be a party
24 jf hereto and may withdraw from membership in the East Valley Agency by the
25 ij adoption by its legislative body of a resolution of intention to withdraw and by
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26 giving the Secretary of the East Valley Agency and the other parties to this
27 i agreement written notice of its intention to withdraw addressed thirty (30) days
28( before the effective date thereof. If at any time after the effective date of this
29 agreement, fewer than fifty percent (50%) of the signatories are parties to this
30(j agreement, this agreement shall terminate. Upon the termination of this
31� agreement, any money or assets in possession of the East Valley Agency after
32 the payment of all liabilities, costs, expenses and charges incurred under this
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ag?rc,,(.,n)(,nL shall be retui-nod to the partics in proportion to, Their CMItHbUtiCAIS
2 determined as of the time of termination.
IN WITNESS WIIEREOF, the undersigned cities and the County of
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San Bernardino have executed this agreement upon the respective dates set
5 forth after their sianature.
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7 Dated:-- 1969
ATTEST: CITY OF COLTON
10
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—GlerTZ Mayor
14 Dated JAN 6 1970
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15 ATTEST: CITY OF FONTANA
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17 Clerk Mayor
19C! Dated -1969
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A T TEST: CITY OF REDLA NDS
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/Clerk 14-,eyo r
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P Date 1969
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2611 ATTEST: CITY OF RIALTO
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Clerk Mayor
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DtJa 1969
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31 ATTEST: CITY OF SAN BERNARDINO
32
V11,
�i Clerk Mayor
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3 b ATTEST: COUNTY' bF SAN L,FRINTAT TJl�TwO
Deputy R BS. h`YA I A
6 Ch ia-ro ii, Board of Supervisors
7 hAT-E I7: " (� � ° 1969
San Bernardino County CounseT
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