HomeMy WebLinkAboutItem No.34CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: RON MOLENDYK, CITY MANAGER
DATE: APRIL 27, 1993
SUBJECT: REQUEST FOR CITY COUNCIL CONSIDERATION OF PROPOSED
FOURTH AMENDMENT TO THE RIVERSIDE COUNTY HABITAT
CONSERVATION AGENCY (RCHCA) JOINT EXERCISE OF
POWERS AGREEMENT (JPA)
The Riverside County Habitat Conservation Agency (RCHCA) Board of
Directors at their March 18, 1993 meeting unanimously approved a
Fourth Amendment to the Joint Powers Agreement (JPA). This
amendment would modify the Board's existing voting procedures which
presently provides that each Board member shall have a percentage
vote equal to the percentage of the Member jurisdiction's overall
fee contribution to the RCHCA. This procedure presently gives the
County of Riverside 67% of the total voting power. To avoid this
situation the voting procedures will be modified to require votes
from at least three RCHCA members constituting more than 50% of the
voting strength to either approve or disapprove any action.
The proposed amendment and a letter from Brain Loew, the RCHCA
Executive Director, explaining the requested action are included
within.
As part of the RCHCA Board's action at their March 18, 1993 meeting
the proposed amendment was formally referred to the governing body
of each member agency for their consideration. For the amendment
to be effectuated approval is required from each member agency.
RECOMMENDATION
It is recommended that the City Council approve the Fourth
Amendment to the Riverside County Habitat Conservation Agency Joint
Exercise of Powers Agreement and authorize the Mayor and City Clerk
to sign and forward the appropriate documentation to the RCHCA.
Prepared by:
Reviewed by:
Approved by:
Approved for
Agenda Listing:
John De Gange, Associate Planner
AGENDA ITEM NO. 1 . .
'N\ PAQE I or =_
Riverside County Habitat Conservation Agency
City of Corona ♦ City of Hemet ♦ City of Lake Elsinore City of Moreno Valley ♦ City of Perris
City of Riverside ♦ City of Temecula ♦ County of Riverside
March 25, 1993 J1 15?9
Mr. Ron Molendyk
City Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
SUBJECT: REQUEST FOR CITY COUNCIL CONSIDERATION OF PROPOSED
FOURTH AMENDMENT TO THE RIVERSIDE COUNTY HABITAT
CONSERVATION AGENCY JOINT EXERCISE OF POWERS
AGREEMENT
Dear Mr. Molendyk,
At their meeting on March 18, 1993 the Board of Directors of the Riverside County
Habitat Conservation Agency ( "RCHCA") unanimously approved the attached Fourth
Amendment to the RCHCA Joint Powers Agreement ( "JPA "). As part of that action the
RCHCA Board formally referred this JPA amendment to the goveming bodies of each
member agency for their consideration. Formal approval by each RCHCA member
agency is required in order to effectuate the JPA amendment.
This proposed amendment reflects the unanimous intent of the RCHCA to modify
existing voting procedures for the Board of Directors. The JPA presently provides that
each Board member shall have a percentage of vote equal to the percentage of his or
her Member Agency's overall contribution or deemed contribution to the RCHCA. As
defined in the JPA, "contribution" includes SKR mitigation fees, grant funds, and property
donations. In actuality, SKR mitigation fees have been the sole source of member
contributions. The present distribution of voting strength therefore is directly proportional
to the amount of mitigation fee revenue collected and transferred. This has produced
a situation wherein approximately 67% of the total voting power is vested in the County
of Riverside.
In order to preclude unilateral decisions by one member agency the proposed JPA
Amendment would require votes from at least three RCHCA member agencies
constituting more than 50% of the voting strength to either approve or disapprove any
action.
Attached is the Fourth Amendment to the RCHCA Joint Powers Agreement. The RCHCA
Board of Directors is requesting approval of this item by the Lake Elsinore City Council.
4080 Lemon Street, 12th Floor Riverside, CA 92501
Telephone: (909) 275 -1100 Fax: (909) 275.1105
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AG=ENDA 1T::ri
PAGE OF ��
Should the Council approve this JPA Amendment please have nine counterpart signature
pages executed by the Mayor and City Clerk. The executed documents should be
returned to me, and upon receipt of similar documents from all RCHCA members I will
forward a fully executed version to you for the City's files.
On behalf of the RCHCA Board of Directors please accept my thanks for your
consideration of this JPA Amendment. If you have any questions or concerns please
contact me at 275 -1100.
Sincerely,
/
Brian Loew
Executive Director
Riverside County Habitat Conservation Agency
cc: Councilman George Along!
John DeGange, Planning Department
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r1i]i. CDA !TI F V, .010. 34
PAGE 3 OF "I
FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY
This FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY ( "Fourth
Amendment ") dated for reference purposes only as of April 1, 1993, is made by and
between the COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET,
THE CITY OF LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF PERRIS,
THE CITY OF RIVERSIDE and THE CITY OF TEMECULA (collectively the "Member
Agencies ").
RECITALS
WHEREAS, the Member Agencies desire to amend Section 3.7.4 of the Joint
Exercise of Powers Agreement Creating the Riverside County Habitat Conservation
Agency (the "Agreement") as hereinafter set forth.
NOW, THEREFORE, the Member Agencies hereby agree as follows:
1. Section 3.7.4, "Voting and Quorum" of the Agreement is hereby amended
in its entirety to read as follows:
"Section 3.7.4 Voting and Quorum. The total voting power of all seats of
the Board shall be 100 %. Each regular representative shall have a
percentage of vote equal to the percentage of his or her Member Agency's
overall contribution or deemed contribution to the Agency as calculated
pursuant to Sections 3.10.1 and 3.10.2 below. A Member Agency's overall
contribution to the Agency shall be calculated monthly or on such other
periodic basis as the Board may approve. The majority of the number of
Directors of the Board shall constitute a quorum of the Board for the
transaction of business; provided, however, that in the absence of a
quorum the majority of Directors present at any Board meeting may
adjourn until the time fixed for the next regular meeting of the Board. The
affirmative vote of at least three Directors constituting more than 50% of the
voting strength of the Board as represented in the quorum which is present
at that time shall be required for the approval of any actions; provided,
however, that a numerical majority of the Directors as represented in any
such quorum may approve any action unless at least three Directors
constituting more than 50% of the voting strength of the Board as
represented in such quorum vote to disapprove any such action."
2. The terms and conditions of the Agreement are not expressly amended by this
Fourth Amendment shall continue in full force and effect.
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AGENDA ITEM NO. _J—
PAGE L4 OF
3. This Fourth Amendment shall become effective on the date that execution of this
Fourth Amendment is authorized by the last of the governing bodies of the Member
Agencies.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of
the date last set forth below and agree to abide by its terms from this date forward.
Dated:
ATTEST:
City Clerk
Dated:
ATTEST:
City Clerk
Dated:
ATTEST:
City Clerk
CITY OF CORONA
By:
Mayor
CITY OF HEMET
By:
Mayor
CITY OF LAKE ELSINORE
By:
Mayor
AGENDA ITEM `_NO. �/
PACE OF —1—
Dated:
ATTEST:
City Clerk
Dated:
ATTEST:
City Clerk
Dated:
ATTEST:
City Clerk
CITY OF MORENO VALLEY
By:
Mayor
CITY OF PERRIS
By:
Mayor
CITY OF RIVERSIDE
By:
Mayor
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AGENDA ITEM NO.
;7
Dated: CITY OF TEMECULA
By:
Mayor
ATTEST:
City Clerk
Dated: COUNTY OF RIVERSIDE
ATTEST:
Secretary, Riverside County
Habitat Conservation Agency
By:
Chairperson, Board of Supervisors
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AGENDA ITEM NO.
1-.7- -77— ( c