HomeMy WebLinkAbout2012/08/07 Item 03CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
CHULA VISTA
AUGUST 7, 2012, Item °J
ITEM TITLE: RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPROVAL OF THE
FIRST AMENDMENT OF THE REGIONAL TRAINING
CENTER JOINT EXER ISE OF POWERS AGREEMENT
SUBMITTED BY: CITY MANAGE
4/STHS VOTE: YES ~ NO
SUMMARY
In 1972, the City Council approved a Joint Exercise of Powers Agreement (JEPA) among
the State of California, the County of San Diego and numerous San Diego county cities,
including the City of Chula Vista. The Regional Training Center (RTC) has consistently
provided quality training opportunities to their member cities as well as those that have been
incorporated since that time. This item, if approved, would formally add to the Regional
Training Center JEPA those cities that have been incorporated since 1972.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it involves only a change in the Regional Training Center (RTC) Joint Exercise
of Powers Agreement (JEPA) to add additional member Cities to the JEPA and does not
result in any changes to the physical environmental; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That the City Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
On December 1, 1972, the Joint Exercise of Powers Agreement creating the Southern
California Intergovernmental Training and Development Center (JEPA) was entered into
by and among the State Personnel Board, the County of San Diego, the City of Carlsbad,
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AUGUST 7, 2012, Item ,~
Page 2 of 3
the City of Chula Vista, the City of Coronado, the City of Del Mar, the City of EI Cajon,
the City of Escondido, the City of Imperial Beach, the City of La Mesa, the City of
National City, the City of Oceanside, the City of San Diego, the City of San Marcos and
the City of Vista. The JEPA was entered into with all of the above entities for the
purpose of jointly providing educational and training services for their common benefit,
and to the extent permissible, to provide such services to other public agencies.
Since its creation, the RTC has been a valuable and viable training center, serving
organizations at a local, regional and state level. The RTC also serves local governments
in the training of law enforcement personnel with its over 25-year relationship with the
California Commission on Peace Officer Standards and Training (POST).
At the time of its creation, several cities were not incorporated and were not included on
the original JEPA. Those cities are the City of Encinitas, the City of Lemon Grove, the
City of Poway, the City of Santee and the City of Solana Beach. At the time that each
city incorporated over time, they have been treated as if they were members and included
in all benefits to membership to the RTC with the exception of voting rights on the Board
of Directors. The current Board, which is chaired by Chula Vista City Manager James
Sandoval, looks to remedy this situation and include all cities in the County of San Diego
as members. The Board met on June 7, 2012 and voted unanimously to recommend to its
member agencies to approve the attached amendment to the JEPA to include these Five
cities.
In order to accomplish this, each current member and proposed member of the JEPA will
need to sign the JEPA amendment and return a copy. This amendment to the JEPA does
not affect current members in any way and does not diminish their membership. What it
does, in effect, is to join those cities that have acted as members, giving them full rights
as members.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision
CURRENT YEAR FISCAL IMPACT
There are no current year fiscal impacts associated with the adoption of the First
Amendment to the San Diego Regional Training Center (RTC) Joint Exercise of Powers
Agreement.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts associated with the adoption of the First Amendment
to the San Diego Regional Training Center (RTC) Joint Exercise of Powers Agreement.
ATTACHMENTS
First Amendment to the Joint Exercise of Powers Agreement Creating the Southern
California Intergovernmental Training and Development Center
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AUGUST 7, 2012, Item 3
Page 3 of 3
Prepared by.' James D. Sandoval, City Manager
1:\AdminSup\Sandoval\RTC 1PA Agenda Statement for 8-7-12 Council agenda.doc
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RESOLUTION N0.2012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUTHORIZING THE APPROVAL OF THE FIRST
AMENDMENT OF THE REGIONAL TRAINING CENTER
JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, on December 1, 1972, the Joint Exercise of Powers Agreement creating the
Southern California Intergovernmental Training and Development Center (JEPA) was entered
into by and among the State Personnel Board, the County of San Diego, the City of Carlsbad, the
City of Chula Vista, the City of Coronado, the City of Del Mar, the City of El Cajon, the City of
Escondido, the City of Imperial Beach, the City of La Mesa, the City of National City, the City
of Oceanside, the City of San Diego, the City of San Marcos and the City of Vista; and
WHEREAS, the JEPA was entered into with all of the above entities for the purpose of
jointly providing educational and training services for their common benefit, and to the extent
permissible, to provide such services to other public agencies; and
WHEREAS, since its creation, the Regional Training Center (RTC) has been a valuable
and viable training center, serving organizations at a local, regional and state level; and
WHEREAS, at the time of its creation, several cities were not incorporated and were not
included on the original JEPA; and
WHEREAS, those cities are the City of Encinitas, the City of Lemon Grove, the City of
Poway, the City of Santee and the City of Solana Beach; and
WHEREAS, at the time that each city incorporated over time, they have been treated as if
they were members and included in all benefits to membership to the RTC with the exception of
voting rights on the Board of Directors; and
WHEREAS, the current Board, which is chaired by Chula Vista City Manager James
Sandoval, looks to remedy this situation and include all cities in the County of San Diego as
members; and
WHEREAS, the Board met on June 7, 2012 and voted unanimously to recommend to its
member agencies to approve the attached amendment to the JEPA to include these five cities;
and
WHEREAS, in order to accomplish this, each current member and proposed member of
the JEPA will need to sign the JEPA amendment and return a copy; and
WHEREAS, this amendment to the JEPA does not affect current members in any way
and does not diminish their membership, but rather, joins those cities that have acted as
members, giving them full rights as members.
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Resolution
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the approval of the First Amendment of the Regional Training
Center Joint Exercise of Powers Agreement in the form presented with such minor modifications
as may be approved or required by the City Attorney, a copy of which shall be kept on file with
the Office of the City Clerk.
Presented by Approved as to form by
James Sandoval len R. oogi
City Manager rney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: ~~ ~ ~ Z
FIRST AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SOUTHERN CALIFORNIA
INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER
BETWEEN
THE PERSONNEL BOARD FOR THE STATE OF CALIFORNIA,
THE COUNTY OF SAN DIEGO, CITY OF CARLSBAD, CITY OF
CHULA VISTA, CITY OF CORONADO, CITY OF DEL MAR, CITY OF
EL CAJON, CITY OF ENCINITAS, CITY OF ESCONDIDO, CITY OF
IMPERIAL BEACH, CITY OF LA MESA, CITY OF LEMON GROVE,
CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF POWAY,
CITY OF SAN DIEGO, CITY OF SAN MARCOS, CITY OF SANTEE,
CITY OF SOLANA BEACH, AND THE CITY OF VISTA
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<i~~ ?~ Ian
June 19, 2012
Jim Sandoval, City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear City Manager Sandoval,
I am writing in reference to the Southern California Intergovernmental Training and
Development Center, D.B.A. San Diego Regional Training Center (RTC). On December 1,
1972, the Joint Exercise of Powers Agreement Creating the Southern California
Intergovernmental Training and Development Center (JPA) was entered into by and among the
State Personnel Board, the County of San Diego, the City of Carlsbad, the City of Chula Vista,
the City of Coronado, the City of Del Mar, the City of EI Cajon, the City of Escondido, the City of
Imperial Beach, the City of La Mesa, the City of National City, the City of Oceanside, the City of
San Diego, the City of San Marcos, and the City of Vista. The JPA was entered into with all the
above entities for the purpose of jointly providing educational and training services for their
common benefit, and to the extent permissible, to provide such services to other public
agencies. Since its creation, the RTC has been a valuable and viable training center, serving
organizations at a local, regional and State level. The RTC also serves local governments
through the training of law enforcement personnel with its overtwenty-five-year relationship with
the California Commission on Peace Officer Standards and Training (POST).
At the time of its creation, several cities were not incorporated and were not included on the
original JPA. Those cities are: the City of Encinitas, the City of Lemon Grove, the City of
Poway, the City of Santee and the City of Solana Beach. At the time that each city incorporated
over time, they have been treated as if they were members and included in all benefits to
membership of the RTC with the exception of voting rights on the Board of Directors.
The current Board looks to remedy this situation and include all cities in the County of San
Diego as members. The Board met on June 7, 2012 and voted unanimously to recommend to
its member agencies to approve the attached amendment to the JPA to include these five cities.
In order to accomplish this, each current member and proposed new member to the JPA will
need to sign the JPA Amendment and return a copy with original signatures to the RTC. This
amendment to the JPA does not affect current members in any way and does not diminish their
membership. What it does in effect is to join those cities that have acted as members, giving
them full rights as members.
`BERN/NG CALIFORNIA AND /TS PUBLIC AGENCIES`
-6155 CORNERSTONE COURT" ~ SUIt~s~o - SAN DIEGO, CALIFORNIA 92121
"CEC 858.550.0040 ~ Fnx 858.550.0131 ~ Wersire wwwsi~RrC.conn
Jim Sandoval Page 2 June 19, 2012
As the Executive Director of the RTC, I am requesting that each member review the attached
documents and approve of this amendment by signing the appropriate page. I am also
requesting that each non-member organization review and formally join the JPA by signature on
this amendment. It will be the responsibility of each member and proposed member to follow
the review process and obtain authorization of their respective organization.
Should you have any questions regarding the contents of this letter, please do not hesitate to
contact me via telephone or email at morayCo)sdrtc.com.
Sin/c/~ej'r/e/('l~Iy, /y' ~`
o~
Michael~Gra
Y ~ /
Executive Director J
Attachments:
1. Minutes of the annual Board of Directors meeting on June 7, 2012
2. The Joint Exercise of Powers Agreement Creating the Southern California
Intergovernmental Training and Development Center.
3. Proposed First Amendment to the Joint Exercise of Powers Agreement Creating the
Southern California Intergovernmental Training and Development Center.
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Draft -not reviewed or approved
Minutes from San Diego Regional Training Center
Regular Board of Directors Meeting
June 7, 2012,11915 EI Camino Real, San Diego
Call to order/roll call: Chair Lisa Hildabrand called the meeting to order at 12:50 pm
Present: City Managers; Jim Sandoval, City of Chula Vista, ,Lisa Hildabrand,
City of Carlsbad, David Witt, City of La Mesa, Clay Phillips, City of
Escondido, Penny Riley, City of Poway, Scott Huth, City of Del Mar,
Blair King, City of Coronado, Patrick Johnson, City of Vista, Jack Griffin,
City of San Marcos, Wally Hill, City of San Diego (for Jay Goldstone),
Walt Ekard, County of San Diego, Gary Brown, Ciry of Imperial Beach,
Leslie Deese, City of National City, Michael Gray, Executive Director,
Regional Training Center.
Absent: Doug Williford, City of El Cajon, Peter Weiss, City of Oceanside
Also Present: David Ott, City of Solana Beach, Keith Till, City of Santee, Gus Vina, City
of Encinitas, Graham Mitchell, City of Lemon Grove Michelle Peluso (RTC), Randall
Sjoblom (Legal Counsel)
There being a quorum present, the meeting was in order
Oral Communications:
None
Agenda Items:.
1) Approve minutes of May 4, 2012: Executive Director Michael Gray presented the
minutes of the RTC special meeting to the Board. All members approved
minutes.
2) Selection ofVice-Chair: Executive Director Gray told Board that Jim Sandoval
who had acted, as Vice Chair for the Board during the past year would be
stepping into the Chair roll as Chair Hildabrand's term was over. Gray asked fora v
m
Board Director to volunteer as the Vice Chair for the FY 12-13. David Witt, City a
Prepared June 13, 2012, Michael Gray, Ex~pct~tive Director
Draft -not reviewed or approved
Manager for La Mesa did volunteer. Gray asked for a motion with Jim Sandoval
making the first and Lisa Hildabrand making the second. Board was unanimous
in approval, with none opposed.
3) Presentation of annual budget: Executive Director Gray presented the RTC
Annual budget to the Board in written format and detailed that the RTC
Executive Committee had reviewed this at'length on May 26, 2012 and had
approved the budget going forward for a full vote by the Board. Gray described
an adjustment to the budget at the Executive Committee's request, with the
addition of a line item of $10,000 to cover an accountant/financial audit. Gray
asked for any input or questions from the Board and there being none, asked for
a motion to approve budget. There was a motion to approve by Jim Sandoval
with a second by Lisa Hildabrand. Board vote was unanimous in approval of
adoption of budget, none opposed and none abstaining.
4) RTC JPA Amendment: Executive Director Gray briefed the Board on the current
JPA for RTC and that there are five cities within the County of San Diego that are
not members; Encinitas, Poway, Santee, Solana Beach and Lemon Grove. When
the RTC was formed in 1972 those five cities were not incorporated. The five
cities have been very active in CCMA and have acted as if members of the JPA
with the exception of voting rights. The proposal and recommendation by Gray is
that these five cities be added as members. The discussion on this was that there
was a belief that this membership would cost the cities. Gray stated that this was
not the case and that each city was in fact protected from liability through the
JPA. Randall Sjoblom, Counsel for RTC, gave a brief review of the By-Law
provisions allowing the Board to approve other government entities to join the
RTC as signers of the JPA. Sjoblom also advised Board and non-members present
that each city would need to approve this, based on their own independent
review of the JPA and proposed revisions. After no further discussion Gray asked
for a motion to move forward with submitting a revised JPA to each member and
non-member city for review by their City Manager and City/County Council.
Motion for approval was made by Gary Brown and second by David Witt. Board
vote was all for approval of motion to proceed, none opposed and none
abstaining.
S) Review of By-Laws: Executive Director Gray briefed the Board on the RTC JPA
By-Laws; they have not been changed since 1988 and needed revisions to update
them to delineate certain authorities of the Executive Committee and Executive
Director. Gray asked for direction from the Board on the matter. Questions by v
m
the Board were how to proceed with revisions, and whether the Board would d
Prepared June 13, 2012, Michael Gray, Executive Director
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Draft -not reviewed or approved
like to start a subcommittee to determine. Direction after discussion was for the
Executive Director and RTC Counsel to proceed with revisions and draft
proposed revisions for review by the Executive Committee. [twill start with the
inclusion of the five cities, update of how many Directors need to sit on the
Executive Committee, clarification of the authority of the Executive Committee
and Executive Director, Conflict of Interest Provision and Compensation policy
with retirement/health benefits. No sub committee will be formed.
The agenda was completed. Thanks given to Lisa Hildabrand for her year of service
as the Board of Directors and Executive Committee Chair. Official change of Chair to
Jim Sandoval.
Board of Directors meeting adjourned at 1:06 p.m. by Chair Jim Sandoval
m
v
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Prepared June 13, 2012, Michael Gray, E~ec~>jive Director
JOIE'?' E::~";CIF_E O~ °0'.:~ES P.CRc•E:di:GT
SOUTIiE?.., C=tL~;'GF:;I:~. _.._=r '. G`+6`.':i.."_iiTAL TR.4Z'iI;:G
Y1iD Li ~'li LCF: .~-•rh CLIP^`.R
THiS AG.°.~?:i?i`T dated for ^onvenier.ce this first day
Of DECe-~D°^, 1~7~, b:' a!':d b•~t'.-: ;: r..^, tll% Si.^t C' Cf Ci_lifOrnl-3,
acts^~ t _.• :1 and c;~ _,._ pe.. ;,^..__ _.~ard it conr.ecticn
with its training _°ur.ctions (hereinafter called the State
of California), the County of San Diego, the City of Carlsbad,
the City of Chula Vista, the City of Coronado, the City of
Del i•Iar, the City of E1 Cajon, the City of Escondido, the
City of Imperial Beach, the City of La Mesa, the City of
Plational City, the City of Oceanside, the City of San Diego,
the City of San !darcos, and the City of Vista, witnesseth:
WHEREAS, there is a need for the establishment of an
agency to provide the opportunity for the parties to discuss,
study, and solve cor^on or similar problems with respect
to training, development, and motivation of personnel; and
WHEREAS, the parties possess the powers and desire to
solve management problems relating to training and education
~~ their personnel and may join associations and expend public
.ids for such purposes; and
1dHEREAS, the parties are of the opinion that they should
loin together to jointly provide educational and training
services for their common benefit, and to the extent permissible,
to provide such services to other public agencies;
NOW, THEREFORE, the parties for and in consideration
of the mutual promises and agreements herein contained and
the performance thereof, and for other good and valuable
and adequate consideration do agree as follows:
Section 1. PURPOSE. This agreement is made pursuant
to the provisions of Article 1, Chapter 5, Division 7, Title
1 of the Government Code of the State of California (commencing
with Section 6500, hereinafter called ("Act")) relating to
the joint exercise of pourers common to City, County and State.
Each party possesses the pourers referred to in the recitals
hereof. The pu_^pose of t; is a~ree-~°nt is to exercise such
powers by creating an a;zency to assist the parties in their
efforts to develop ar.r. icrle-rent employee training: programs,
including the holdin~_, of seminars, training institutes, and
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3-12 '
o*h^r education couroes. Such ^tarpn^c ti~;ill be accee:plished,
1 said cocs,on r,cr;ers e;mrcioed, in the manner hereinafter
set fern:.
Section 2. TE:;:. This agreement shall become effective
upon its e::ec.aion by five of t::e e~:~lic genciee snecificd
in the preac.ole neree`. as :et forLn in Section 13.1, and
shall ccn;ir.uo ir. full force and effect until termir.2.ted
as provided herein.
Section 3. F.Gc::CY"".
A. Creation of Al-enc,y. Pursuant to Section 6506 of
the Act, there is hereby created a public entity separate
and apart frcm the parties hereto, to be knovm as the Southern
California InterTovernmental Training and Development Center
(hereinafter "Center"). Its debts, liabilities, and obligations
do not constitute debts, liabilities, or obligations of
all or any party to this agreement. It shall administer
this agreement.
B. Governins Board. The Center shall be administered
by aboard of directors equal in number to the number of
parties who become and remain parties to *•his agreement.
The designated members of the board of directors and their
2'ternates shall be entitled to membership on the board only
•ir:g the period they hold the office indicated and only
during such time as the party through whom they derive their
office remains a party to this agreement. The members of
the Board of Directors shall be:
(1) The
of
(2) The
(3) The
(4) The
(5) The
(6) The
(7) The
(8) The
(9) The
Chief Administrative
San Diego.
City Dlanager of the
City Manager of the
City Manager of the
City tanager of the
City ^,anager of the
City I•tana~er of the
City T'.ana~er of the
City ;^.=narer of ti7e
Off
City
City
City
City
City
City
City
City
Lce:
of
of
of
of
of
of
of
of
of the County
Carlsbad.
Chula Vista.
Coronado.
Del PQar.
E1 Ca,jon.
Escondido.
Imecrial Beach.
La .".esq.
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3-13 ~ ; ,~ i `;
,~ %,~
(10) The City S:ana~er of t}~^ City of [(aticr.al City.
(11) The City ;:Una-°r of tine City of Occar.~ide.
(12) The City i"~r.a~.er of the City of man Dieeo.
(13) The City ii-~r.a~er of the City of San Piarcos.
(14) T^:e City :'ar.a~er of the City of Vista.
(15) Tine State Traini ng Officer.
Each me^ber shall aoooint an alternate member taho shall
serve on the board at any meeting when the member appointing
him is absent. Such alternate member vrhen so serving shall
have all the ootrers of the member. Each member shall-file
with the Board of Directors a taritten notice of appointment
of his alternate. The aanointsent of an alternate member
may be revoked at any time by the member appointing him,
provided, hc~:rever, that such revocation of appointment shall
not be effective until filed with the Board of Directors.
C, meetings of 'the Governing Board.
(1) Regular i'eetinr~s. Rules.
1 its regular, ad,jcurned regular,
provided, however, it shall hold at
in each year. The date, the hour,
meeting shall be fixed by the Board
with each party hereto.
The Board shall provide
and special meetings;
least one regular meeting
and the place of any regular
by resolution and filed
The Board shall also adopt rules for the conduct of
its meetings.
(2) Ralph b7. Bro~•rn Act. All meetings of the Eoard,
including, without limitation, regular, adjourned regular,
and special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph
M. Brown Act (commencing with Section 54950 of the Government
Code).
(3) b':inutes. The Secretary of the Board shall cause
to be kept minutes of the meetings, both regular, adjourned
regular, ar.d special, and shall, as soon as possible after
each meeting, cause a copy of the minutes to be forwarded
to each mercer of the Board and to any party hereto making
a special re:,uest trerefor.
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,---,.
3-14 ~ j ~ ~;;,
~• (>~ .~~
(~i) C~;A r, r~.l^. Cs .":^'Orit}' Of the C: U~",U `_'r Of mCrberS On
t'-e boerd ., ..~_.' iconstitute ouorum for ti:c transaction of
ir.c~~, ~_xc_~t ', ii c;, le~~ t:•~an ~_ quorcc: r.:~y acjourn frcr^
tir..e to ti::e.
(5) Vr,r_r:r,. E,~ch r:c:~.:;^r of the Board shall have one
vote. iJo ac` ° c:: shall be ta:c~.^. by the ccard unless concurred
in by a ma,;crity of the nur:ber of members on the Eoard.
D. Of';cer:,. The 5card shill e3ect a chairmen from
2mor its c.-_.-.. J, -^d ~.,^,li _^oint a secretary ~.^'.z e:~000tive
di recto rrY.c r:~y, but need rct, be menbe^s. The Board shall
have ti:e pourer to appoint such other officers and employees
as it may teen necessary, anti shall adopt a set of bylaws
for the conduct of the business of the Center. The Treasurer
of the Center shall be the Treasurer of the County of San
Diego. The Auditor and Controller of the Center shall be
the Auditor and Controller of the County of San Diego. Ir.
performing such duties, said Treasurer and Auditor and Controller
shall comply urith and ccnfor:^. to all the o_rovisions of Article
1 (;ommencing at Section 6500), Chapter 5, Division 7, Title
1 of the Goverment Code.
Section 4. POL•;~RS. The Center shall have the powers
com~7on to the parties set forth in Secticn 1 of this agreement.
The Center is hereby authorized to do all acts necessary
f-^ t!:e exercise of said cer.mon pourers fer said purposes,
,ludiuo, any or all of the following: to make and enter
into contracts; to hire employees and appoint agents; to
lease, manage, r,:aintain, or operate any land, buildings,
works, or improvements, and to dispose by lease, lease purchase,
or sale, any property and funds, services and other forms
of financial assistance from persons, firms, corporations,
and any governmental entity; to, in connection with any federal
or state grant, enter into any and all agreements necessary
to comply with the procedural requirements of any applicable
laws; to incur debts, liabilities, or obligations required
by the exercise of these potaers which do not constitute a
debt, liability, or obligation of a party hereto; and to
sue and be sued in its ourn name. Said pourers shall be exercised
in the manner provided in said Act and, except as expressly
set forth herein, subject only to such restrictions upon
the manner of exercisin;r such powers as are imposed upon
the City of Escondido in the exercise of similar pourers.
Section 5• FISCAL YEAR. For the purpose of this agreement,
the term "fiscal year" shall ream the period from July 1
to and includir.;^ the follo;~in~- June 30.
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Section E. Dl:'~:`.._,?~;' 0" .......=.;. tiron to°ir.~tion
of ~,.t.. _ ~.-,
~.._.~ LL,-,. ,nc
,, i^ ,.._ crti
, _ t:
--- - _ .,_ ,~.
•_.. _„ ..__ .. ._'_ _.. .,~ ~~:
Cc.._
All ~ x!.,11 . ~, i
~.tica_ly
^_n rrcr._. -.
1,. .. .. ~, ,., r:?:i ... C: I:^_;
t0 .. ~: c' ~_ ..='_ _.. ~,
accordi^r- to tine f. ., ,= ''L :r t .'~": ..~". (.; '~
_ _. _
.]O _.. ^_ , C.^ ..': ~. '_ t;^C.'i,
fcllo~,:in:- fcr-:ula:
~ti
O?', - ~. J.
Da.^t1CJ 11 bC G , L_'; L`U`. P. CI
t0 tt: C' 'P^Ci,~nt
$l:Ch br0:?e Pty, _ _ __'lt, fL`_^ni~l:re Or fUr niSti]ir~'3
o:hich c_z be ice^:~'___•_:? .,. havi:. been ccntributed
by ar :~a_ ., tc t::'_o , -.,E-., ~.r.r, ._..^11 be tr~ns~^_ _ ad
t0 al::: C_CC,'•° t: _"'~':_ Cf t.`.^ T!'t7 CC::~T'1 ': Uf~a"r
such c^ ~er~,', _ _ __ ,,nt, .`L:rni-.L:re or fur:~'shin~s.
Any other property of the Center shall be distributed
among the narties to this A~-ree;tent, each party to
receive the proportion that the amount of Honey, if
any, contributed to the Center by 'such party bears
to the total amount of money contributed to the Center
by all parties to this Agreement.
All money on hand at the termination of this agreement,
after payment of or making provision for payment of all obligations
incurred by the Center under this agreement shall be distributed
to the agencies ti•:ho are, or have been parties to the agreer.,ent
in proportion to the contributions made by such narties.
For purposes of this section, "contributions" shall mean
only that money raid by a party to the Center for services
provided to such party by the Center under Section 10.
Section 7. OTHER CONTRIBUTIONS. Upon such terms and
conditions as may be agreed upon, and with the consent of
the party, the Center may request and obtain personnel,
equipment or property of one or more of the parties to the
agreement. Such personnel, equipment or property may be
recognized as contributions or advances of the party, as
may be agreed upon. The Center sha1L have the power to
employ professional and technical assistance for the performance
of this agreement in accordance with the provisions of Section
4, provided that adequate sources of funds are assured therefor.
Section 8. ACCOLIITS AND REPORTS. The Treasurer of
the County of San Diego is designated the depository of
the Center and he shall have custody of all the money of
the Center, from whatever source. The Treasurer shall:
A. Receive and receipt for all money of the Center,
and place it in the treasury of said Treasurer to the credit
of the Center;
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B. Fe responsib?e uses his official bond for the safelceepin~;
of all Center ~-oney so i:old by him;
C. Pay any ett;er ~~-.:> due fro^ `_he Center from Center
money or <<^_ny portion thereof, only upon warrants of the P.uditor
of the County of `?an D=.ero; and
D. Verify and report in writing on the first Say of
July, Cctc-per, J~nuar;• -nd P.pril of each year to the Center
and *_o each cf th^ ^^r~:es to t'r.is t.r^oe~~ont the arcunt of
r..or.ey he ::c lfc°~ '`~~ ^^^ter, tee ~....,....,, of receipts since
his last repot, and the emount paid out since his last report.
The Auditor of the County of San Diego shall perform
the functions of auditor and controller of the Center. He
shall dray warrants to pay demands against the Center vrhen
the demands have been approved by the Board of Directors
of the Center.
The Board of Supervisors of the County of San Diego
shall determine the charges to be made against the Center
for the services of its Treasurer and the Auditor, and such
charges shall be paid by the Center.
Section 8.1. BUDGET. The Board of Directors shall
annually, not later than June 1, adopt a budget for the fiscal
y~~r and shall file a copy of such budget with each party
t this agreement no later than July 1.
Section 8.2. RECORDS APID ACCOUfITS. The Center shall
be strictly accountable for all funds. The Board of Directors
shall cause to be kept proper books of records and accounts
in which a complete and detailed entry shall be made of
all its transactions including all receipts and disbursements.
Said books and records shall be kept in accordance with State
law and rules and regulations of the State Controller and
as required by the Auditor. Said books shall be subject
to inspection at any reasonable time by the duly authorized
representative of each of the parties to this agreement.
The Center shall cause to be prepared an annual financial
and operations report, including a report of all receipts
and disbursements of funds which shall be available at the
office of the Secretary of the Center and a copy thereof
shall be delivered to each party to this agreement.
The Auditor of tY:e County of San Diego shall present
in writing on the first day of July, October, January, and
April of each year to the Center and to each of the parties
to this a~r~ement an incc^° statesent, prepared in accordance
with ~-.creral'~y accented accourtir.,, principles. The Auditor
of the County of San Diego shall also present in writing
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.r ' x' .
at least annually to the Cen;:cr and to each of the nartics
t- th_o ar,raes.ent <_ balance sheet, prer,ared in accordance
ti h - noc__iy ace^~r,ec ,__cot~...:r.r rc'.nc_^'e: ^_'he ,^.uQitcr
of t:;e~Co_:r.ty of S:<n Diem shall r.rc. _rc such other financial
statements ~~ ~..ay be recuired ty LC~e Ginter.
The Auditor of the County o£ San Die~-o shall either
make or ecntract ~;ith a certified public accountant or public
accountant to mare an annual au:iit of the accounts ar.d records
Of tn_ CO..tCr, aS _ -'Ui rc',d ~y ."',C CtiOn orj v ~j Of t!'1C GOVE'r: ^Pnt
Code. iilr minim.uct~_ ou'_rc~.._r,ts of ,;he a:d~t shall be these
prescribed by the State Controller for special districts
under Section 26909 of the Government Code, and shall conform
to generally accepted auditing standards.
Where an audit of an account and records is made by
a certified public accountant or a public accountant, a report
thereof shall be filed as public records tiaith each of the
parties to this agreement, and also with the Auditor of
the County of San Diego. Such report shall be filed within
120 days of the end of the fiscal year under examination.
Any costs of the preparation of financial statements
and of the audit, including contract with, or employment
of certified public accountants or public accountants, in
making such state merts and audit, shall be borne by the Center
a shall be a charge against any unencumbered funds of
t. Center available for the purpose.
In the event that the Center's annual budget does not
exceed $500.00, the Center may, by unanimous request of
the Directors and with the unanimous approval of the parties
hereto, replace the annual special audit with an audit covering
a two-year period.
Section 8.3. EXPENDITURES AND OBLIGATIOPIS. (a) The
Board of Directors, its committees and every other official
or employee of the Center shall be limited in the making
of expenditures or the incurring of liabilities to the amount
of the appropriations alloyed by the budget as adopted by
the Board of Directors or thereafter revised by said Board.
(b) Except as otherc•:ise provided by law, warrants issued,
expenditures made or liabilities incurred in excess of any
budget appropriation are not a liability of the Center or
a liability of any party to this agreement.
Section 8.4. CLAI;:S. All claims against the Center
includir.~-, tut not limited to, claims by public officers
and e,,:nloyees for fees, salaries, ti•:ares, mileage or other
expenses, shall be filed within the time and in the manner
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3-18 ~ - % ~-
specified in C!:~rtcr 2 (corr:r.^nc~nr- e:ith ection 91.0) of
P 3, Di~-~s'_en 3.6 of _itle 1 of the Goverr,rnent Code or
i:. accor~'_..cc tci*h cl;-.-. rccc^ciar•~^ ~-'^ovcd Ly the !',uditor
of Lhe' Cent^^ apy .est...,^,~!'~_.iC:: b;J t:: C' %03:^d Of Directors oLirsUant
to Chapter j (ce_~rr.c_" _th Section, 9~0) or Charter 6 (co::;:encin`
Frith S~~cticn 9?) cf ca•:d~F~rt 3 of the Cov°rn~?cnt Code.
The Board o: Dir~^ct^. s:^all ~,dcpt a reE'ulation requirinC
that all claims sr.allJbe so filed.
Section 8.5. '.SLC`;~.::CL v? CLP.I'"S iY ACDITOR. (a) The
Auditor c: .e G.r.ter ~'.:,:11 awe:<t 2nd allc•:; er re,iect claim
in lieu of , and ti^rith the sar:e effect as, allot: once or rejection
by the Board of Directors in any of the folloering cases:
(1) Expenditures which have been authorized by
purchase orders issued by an officer of the Center authorized
by said governing board to make purchases.
(2) Expenditures which have been authorized by
contract, resolution or order of the Board of Directors,
acting vrithin the scope of its authority.
(b) The Auditor shall reeuire the certificate of the
requisitioning or receivinb officer that the articles or
services have been received or contracted for.
Section 9• PRCPE°TY. The Executive Director of the
Center is hereby designated as the person who shall have
charge of, handle, and have access to any property of the
Center and shall be required to file an official bond in
the amount of 525,000.00. The Board of Directors, by resolution
entered in its minutes, may prescribe those other of Center
officers and employees to be bonded, and shall specify the
amounts of said bonds.
Section 10. FITJAPICING. The Center shall be self-supporting,
deriving its revenue from grants and from payments for services
rendered to the parties and other participating agencies
as provided in Section 11.
Section 11. OTI?ER PARTICIPATIDIG AGEPJCIES. Zn addition
to the public agencies who are parties to this agreement,
any public agency having the pot~:ers specified in Sections
1 and 4 hereof, who may desire to participate in or take
advantace of the services or activities of the Center, may
do so as provided in regulations adopted by the £oard of
Directors cr by ex~cuti^.^ an a~,ree ent with the Board of
D_r°c~o^~> open sue?: te:°-:~ aid conatie^s as r..ay be agreed
open. Such oarticipatin~ public a~er.cies shall not be entitled
to me::~bership on the Hoard of Directors.
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Sectic:, 1?. .`.ISCi~Lh~~,::_.)C'. T..._ :,ectiai he^din~-s herein
for cor.vcr.=,. ~_ only ,.~:'. __. no*_ to Y,e construed ns
t. _fyi:-.; cr ~ro•,~crnin` file l~n- ~c in tt~o section referred
to.
This a;,reerrent is rUd° ir. the State of California under
the Ccr.stituticn and 1a:as of such ~tatc and is to be so
construed.
Section 13. SS;':~r.S??I^°. ^hould ar,r part, term,
portion, cr provision cf this a-reer.er.t :,e by the courts
decided to be illegal or in conflict ~-rith any law of the
State of California, or otheratise be rendered unenforceable
or ineffectual, the validity of the remaining Harts, terms,
portions, or provisions shall be deemed severable and shall
not be affected thereby, provided such remaining portiohs
or provisions can be construed in substance to continue to
constitute the a~-reement that the parties intended to-enter
into in the first instance.
Section 13.1. EFFECTIVE DATE. This agreement shall
become effective and the Center created hereunder fully operative
on January 1, 1973, Provided that by that time any five
of the public agencies specified in the preamble hereof have
signed this agreement. As soon thereafter as practicable,
the Board of Directors shall meet for the purposes of organizing
4 Center. After the Center becomes operative, public agencies
sYZCified in the preamble to this agreement may still become
parties to this agreement.
Section 14. TERN:IPIATION AND SdITHDRAldAL. Any party
may withdraw from this agreement upon 90 days' written notice
of such action of orithdrawal being filed with the Board of
Directors. A copy of such action to withdraw shall be filed
with each other party to this agreement.
This agreement shall terminate, except for the purpose
of winding up the affairs of the Center, at the end of any
fiscal year in which the parties remaining members at the
beginning of the next fiscal year will not include any five
of the public agencies specified in the preamble hereof.
Section 15. SUCCESSORS. This agreement shall be binding
upon and shall inure to the benefit of the successors of
the parties.
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;~'.
Section 16. ?;OiIC TO P,1:i'iI~:::~. Anv notice to the parties
he^°of shall be sufficient if do live red to:
The State o: C~lifcrnla: -e ~„~te Porsor.nel Eoard
The County of San Diego
Any City:
Tire Cleri: of the Board of
Supervisors.
"i"r,e Clerr: of the City .
Section 17. COPIES OF TIIE AGR::EG'EIIT. This agreement
shall be executed in sufficient original courterparts so
that one original executed cony the re of. shall be delivered
to and becor,:e a part of the official records of each party
to this agreement and the Board of Directors of the Center.
Section 12. AI-:E Tv DT.iE2;TS TO THIS AGREETSEPIT. This agreement
may be anended by the concurrence of all parties to the agreement
at the time the amendment is made. Any amendments shall
be executed and filed in the manner provided in Section 17.
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J"
ID1 1dITNESS idHEREOF, the
ao Bement to be executed and
thereunto duly authorized an
affixed.
COUN/T~Y OF SAN DIEGO
By C/ ~ 3-~-~-~
Hss'. C~,.:',: ~~ ,n~ Ev:d cf Supervisors
CITY Or^ CARLSBAD C!1/ /"v"`^7
gy
CI^1Y OF CORO:IP.DO
By `i11~
CITY OF E CASOid
By
CITY OF Ii'~iPE~iIAL B~ ACH
gy /' f/II ~ - ' ~'~
STAT r P.LIF P~
By
CITY OF HULA V
B Gryyl~ll/ ~'1'n
CITY Or^ DEL T/iARe
By ,toGt~c
CITY OF ESCONDIDO
By
C Y p~j~A~IE~A
By rl/L Y~c,~
CITY OF~idAT/I0i1AL ITY CITY OF OCEANSIDE
CITY OF S T - CITY ~OF~~S'A1RI~PIARCOS
' BY // C~ ° C~~~~~Z`6'e~'S~
By
CITY Or^ VISTA
By
parties hereto have caused this
attested by their proper officers
d their official .seals hereto
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AGENDA ITEM N0. [10]
CHULA VISTA CITY COUNCIL MEETING OF: December 12, 1972
ITEM TITLE: Resolution - Approving joint powers agreement for
Regional Training Center
INITIATED BY: City Manager
BACKGROUND:
At the Council meeting of 10-24-72, the City Manager reported on the
planning now underway by San Diego County City Managers regarding the
creation of a locally-based public pay-as-you-go service training
center under authority of a joint powers agreement.
Provided now is a joint exercise of powers agreement calling for
the following:
1. Creation of the "Southern California Intergovernmental Training
and Development Center".
2. All entities signing this agreement will have representation on
the Governing Board of this organization.
3. Meetings of the Board will be subject to the Ralph M. Brown Act.
4. The City of Chula Vista is not obligated by this agreement.
5. Audit control will be handled by the San Diego County Auditor.
6. The Center will be self-supporting, deriving its revenue from
grants and from payments for services rendered.
ATTACHED: Resolution [X] Ordinance [ ] Agreement [g] Plat [ ]
See EXHIBITS [X] No. 1,2
Financial Statement:
No appropriation needed. Existing budgeted funds for
training are subject to this use.
Commission-Board Recommendation:
N.A.
Department Head Recommendation:
3-23
N.A.
RESOLUTION NO. 6686
RESOLUTION OF THE CITY COUNCIL OF THE CZTY OF CHULA
VISTA APPROVING JOINT EXERCISE OF POWERS AGREEMENT
AMONG THE STATE OF CALIFORNIA, THE COUNTY OF SAN
DIEGO, THE CITY OF CARLSBAD, THE CITY OF CHULA VISTA,
THE CITY OR CORONADO, THE CITY OF DEL t+lAR, THE CITY
OF EL CAJON, THE CITY OF ESCONDIDO, THE CITY OF IMPERIAL
BEACH, THE CITY OF LA MESA, THE CITY OF NATIONAL CITY,
THE CITY OF OCEANSIDE, THE CITY OF SAN DIEGO, THE CITY
OF SAN MARCOS AND THE CITY OF VISTA, CREATING SOUTHERN
CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT
CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council of the City of Chula Vista does hereby
solve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain Joint Exercise
Powers Agreement among the State of California, the County of San
ego, the City of Carlsbad, the City of Chula Vista, the City of Coro-
do, the City of Del Mar, the City of E1 Cajon, the City of Escondic:o,
e City of Imperial Beach, the City of La Mesa, the City of National
ty, the City of Oceanside, the City of San Diego, the City of San
rcc and the City of Vista, creating Southern California Intergovern-
nta~ Training and Development Center, dated the 12th day of December ,
~, a copy of which is attached hereto and incorporated herein, tFe
me as though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
and he is hereby authorized and directed to execute said agreement for
d on behalf of the City of Chula Vista.
esented by
~,~u~w
hn R. omson, City Manager
Approved as to form by
George Lin erg, City Attor
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
STA, CALIFORNIA, this ~~rh day of December , 197_, by the
allowing vote, to-wit:
E S: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
,YES: Councilmen None
.SENT: Councilmen None
/: ~ ~
~( i
-~' Cit..(-lam,` r~-G~
1 ;' Mayor of the City of
'TEST /;~ I ',, _t ( «.~ _
City Cle ,~
3-24
'ATE OF CALIFORNIA )
FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING
AND DEVELOPMENT CENTER
This First Amendment to the Joint Exercise of Powers Agreement Creating the
Southern California Intergovernmental Training and Development Center
("Amendment") is made and entered into on June 7, 2012, by and among the Personnel
Board in connection with its training functions (hereinafter "the State of California"), the
County of San Diego, the City of Carlsbad, the City of Chula Vista, the City of
Coronado, the City of Del Mar, the City of EI Cajon, the City of Encinitas, the City of
Escondido, the City of Imperial Beach, the City of La Mesa, the City of Lemon Grove,
the City of National City, the City of Oceanside, the City of Poway, the City of San
Diego, the City of San Marcos, the City of Santee, the City of Solana Beach, and the
City of Vista (the "Parties"), for the purpose of amending that certain Joint Powers
Agreement entered into on December 1, 1972 ("JPA"), with respect to the following
facts:
WHEREAS, the JPA was entered into with among the State of California, the
County of San Diego, and all the cities that were incorporated in the County of San
Diego in 1972 for the purpose of jointly providing educational and training services for
their common benefit, and to the extent permissible, to provide such services to other
public agencies;
WHEREAS, the Cities of Encinitas, Lemon Grove, Poway, Santee and Solana
Beach have since been incorporated within the County of San Diego;
WHEREAS, the JPA will benefit from the full participation of the Cities of
Encinitas, Lemon Grove, Poway, Santee and Solana Beach as parties to the JPA and
with the designation of these cities' city managers as members of the Board of
Directors;
NOW THEREFORE, the Parties, for and in consideration of the mutual promises
and agreements herein contained, do agree as follows:
Section 1. Section 3(B) of the JPA is amended to read as follows:
B. Governing Board. The Center shall be administered by a board of directors
equal in number to the number of parties who become and remain parties to this
agreement. The designated members of the board of directors and their alternates shall
be entitled to membership on the board only during the period they hold the office
indicated and only during such time as the party through whom they derive their office
remains a party to this agreement. The members of the Board of Directors shall be:
(1) The Chief Administrative Officer of the County of San Diego.
(2) The City Manager of the City of Carlsbad.
(3) The City Manager of the City of Chula Vista.
3-25
(4) The City Manager of the City of Coronado.
(5) The City Manager of the City of Del Mar.
(6) The City Manager of the City of EI Cajon.
(7) The City Manager of the City of Encinitas.
(8) The City Manager of the City of Escondido.
(9) The City Manager of the City of Imperial Beach.
(10) The City Manager of the City of La Mesa.
(11) The City Manager of the City of Lemon Grove.
(12) The City Manager of the City of National City.
(13) The City Manager of the City of Oceanside.
(14) The City Manager of the City of Poway.
(15) The City Manager of the City of San Diego.
(16) The City Manager of the City of San Marcos.
(17) The City Manager of the City of Santee.
(18) The City Manager of the City of Solana Beach.
(19) The City Manager of the City of Vista.
(20) The State Training Officer.
Each member shall appoint an alternate member who shall serve on the board at
any meeting when the member appointing him or her is absent. Such alternate member
when so serving shall have all the powers of the member. Each member shall file with
the Board of Directors a written notice of appointment of his or her alternate. The
appointment of an alternate member may be revoked at any time by the member
appointing him or her, provided, however, that such revocation of appointment shall not
be effective until filed with the Board of Directors.
Section 2. Except as specifically amended by this Amendment, each and every
provision of the JPA shall continue in full force and effect as originally entered into.
Section 3. This Amendment shall be effective upon the execution by all Parties to this
Amendment. This Amendment may be signed in counterparts.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
3-26
ATTEST:
By:
Donna Norris, City Clerk
Date:
APPROVED AS TO FORM:
By:
Glen Googins, City Attorney
3-27
rirv nC nul II ~ \/IOTA