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HomeMy WebLinkAbout2012 CON State of California - Intergovernmental Training Center JPA - 1st Amendment2012 -1't AMENDMENT (Not Adopted) This Amendment was never completed because the State of California withdrew from the JPA and did not sign. A new 1st Amendment was signed in 2013. }a.`>/) V co it, pq f`t) ! { , 'Fe,rlcd ti f f Igqrle_ C 26 13 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 El 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. (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 El 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] CITY OF NATIONAL CITY By: Title: etit Date: .%IW1N r ' ATTEST: By: '! Michael Dalla, City Clerk Date: 8- APPRt VED AS TQFORM: 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 El 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) (2) (3) The Chief Administrative Officer of the County of San Diego. The City Manager of the City of Carlsbad. The City Manager of the City of Chula Vista. (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 El 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] CITY OF NATIONAL CITY Title: C 11'LffT (L Date: ATTEST: Date: APPRVED AS T• FORM: By: CI Date: RECEIVED JUN 2 1201 June 19, 2012 Leslie Deese, City Manager City of National City 1243 National City Blvd National City,CA 91950 Dear City Manager Deese, It I NTER:..+ 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 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. 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 over twenty -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. SERVING CALIFORNIA AND ITS PUBLIC AGENCIES' 6155 CORNERSTONE COURT SUITE 130 SAN DIEGO, CALIFORNIA 92121 "1'EI_ 8.58.550.0040 FAX 858.550.0131 . . Leslie Deese 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 mgray(a�sdrtc.com. Sincerely, Michael [4. Gra Executive Director 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. Draft - not reviewed or approved 11111 REGIONAL TRAINING CENTER Minutes from San Diego Regional Training Center Regular Board of Directors Meeting June 7, 2012, 11915 El 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, City 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 of Vice -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 for a Board Director to volunteer as the Vice Chair for the FY 12-13. David Witt, City Prepared June 13, 2012, Michael Gray, Executive 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. 5) 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 the Board were how to proceed with revisions, and whether the Board would N Gl OD CO 0- Prepared June 13, 2012, Michael Gray, Executive Director 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. It will 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 c) MO co Cl_ Prepared June 13, 2012, Michael Gray, Executive Director OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax September 6, 2012 Mr. Michael Gray Regional Training Center 6155 Cornerstone Court, Suite 130 San Diego, CA 92121 Dear Mr. Gray, Per your instruction, we are enclosing a copy of the First Amendment to the Joint Exercise of Powers Agreement Creating the Southern California Intergovernmental Training and Development Center with the original signature page for the City of National City. After signature pages have been compiled from participating agencies, please send a fully executed copy of the Amendment to us for our files. Michael R. Dalla, CMC City Clerk Enclosure RESOLUTION ESTABLISHING JPA (Page 1 of 1) RESOLUTION NO. 10,844 RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR REGIONAL TRAINING CENTER WITH THE COUNTY OF SAN DIEGO BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute an agreement between the City of National City and the County of San Diego for the purpose of establishing a regional training center. PASSED AND ADOPTED this 10th day of October, 1972. ATTEST: ___::_?,../.1,..._ CITY CL