1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A
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Attachment: Exhibit A (4383 : Easement - Electric Utility)
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Attachment: Exhibit A (4383 : Easement - Electric Utility) Sheet 1 of 1
P:\JOBS\1852301\ADMIN\LEGAL\ELEC EASEMENT LEGAL.docx
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PORTION OF LOTS 1 THRU 5, INCLUSIVE, BLOCK 127, OF THE TOWN OF COLTON, AS PER PLAT RECORDED IN BOOK 9 OF MAPS, RECORDS OF SAID COUNTY, LYING
WITHIN THE CITY OF COLTON, COUTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTLERY CORNER OF SAID LOT 5, BLOCK 127; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 THRU 5, SOUTH 80°20’30” EAST, 97.32 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 09°09’09” WEST, 17.92 FEET; THENCE SOUTH 80°20’30” EAST, 17.00 FEET; THENCE NORTH 09°09’09” EAST, 17.92 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF LOTS 1 THRU 5; THENCE NORTH 80°20’30” WEST, 17.00 FEET ALONG SAID NORTHEASTERLY LINE OF LOTS 1 THRU 5 TO THE POINT OF BEGINNING.
CONTAINS APPROXIMATELY 305 SQUARE FEET.
SEE EXHIBIT “B” FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ________________________________________ ___________
Jeff D. Meiter, L.S. 8217, Exp. 03-31-2025 Date 01/19/2024
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Attachment: Exhibit A (4383 : Easement - Electric Utility)
VALLEY BOULEVARD
ELECTRICAL EASEMENT
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "B"
PLAT
Sheet 1 of 1
SCALE: 1"=40'
LEGEND:
PROPERTY LINE
AREA OF DEDICATION305 SF
0.007 ACRES
INDICATES ELECTRICAL EASEMENT
VICINITY MAP
VALLEY BOULEVARD9TH STREET
MT VERNON AVENUE
POINT OF COMMENCEMENTP.O.C.
TRUE POINT OF BEGINNINGT.P.O.B.
NORTHEASTERLYN'LY
INTERSTATE 10 FREEWAY
H STREET
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Attachment: Exhibit A (4383 : Easement - Electric Utility)
ITEM NO. 14
STAFF REPORT
DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE AMENDMENT NO. 4 TO THE JOINT POWERS
AUTHORITY AGREEMENT WITH THE SAN BERNARDINO
COUNCIL OF GOVERNMENTS (SBCOG).
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Amendment No. 4 to the Joint Powers Authority Agreement with the San Bernardino Council of Governments (SBCOG), including an increase to Member Dues by $19,534.
BACKGROUND
The San Bernardino Council of Governments (SBCOG) is a Joint Powers Authority (JPA) made up of representatives from the 24 cities/towns in the County, as well as the San Bernardino County Board of Supervisors. SBCOG is responsible for cooperative regional planning.
Since 2018, SBCOG has relied upon funds from the Property Assessed Clean Energy/Home Energy Renovation Opportunity program to supplement SBCOG dues, and has implemented multiple programs through its 2018 work plan. Programs from the 2018 work plan include the development and implementation of an Emergency Communications Nurse System, the establishment of a Housing Trust, and various grant research and writing proposals.
At its July 5, 2 023 SBCOG Board of Directors meeting, an Ad -Hoc Committee was established to discuss expanding the capacity of the Council of Governments (COG) and increasing dues paid by its member agencies to pay for these expanded services. Since August 2023, the Ad-Hoc Committee has met multiple times, analyzing programs and services, and comparing data from similar organizations such as San Gabriel Valley Council of Governments (SGVCOG), Western Riverside Council of Governments (WRCOG), and the Coachella Valley Assoc iation of 14 Packet Pg. 242
Staff Report to the Mayor and City Council
JPA Amendment - SBCOG
February 20, 2024
Governments (CVAG). Based on its findings, and the desire to expand COG services, the Ad - Hoc Committee recommended increasing the budget from $658,000 and 1.3 staff members , to $1.5 Million, 3 staff members, and consultant support.
ISSUES/ANALYSIS
To assess member fees, the existing JPA uses a formula of 50% population / 50% assessed valuation. In addition to the original assessments, the Board approved an additional assessment of $5,337 per jurisdiction in Fiscal Year 2015/16, and another ass essment of $8,000 per jurisdiction in Fiscal Year 2021/22.
To update its assessment methodology, the Ad -Hoc Committee established a baseline increase from $658,000 to $1.5 Million as a starting point, and then evaluated three cost allocation scenarios to provide greater JPA funding in a more equitable manner. These three cost allocation scenarios include:
100% based on population
100% based on sales & property tax revenue
50% based on population / 50% based on sales & property tax revenue
Ultimately, the Ad-Hoc Committee recommended Option 3 above – the 50%-50% allocation for each jurisdiction. Under this assessment, which is depicted in the attachment to this report, the total current assessment would be added to the new formula, and includes an incre ase based on the lesser of the Consumer Price Index (CPI) or 2% annual adjustment to cover the regular increases in costs, beginning in Fiscal Year 2024/25 , and each year thereafter. Further, Amendment No. 4 (also attached) to the JPA, amends the language pertaining to the method by which member agency dues are assessed and provides the Board of Directors the authority to adjust the method for assessment as needed, without the need for further JPA amendments.
At its January 3, 2024 Board of Directors meet ing, the SBCOG Board accepted the Ad -Hoc Committee recommendation, establishing the new assessment methodology, increasing dues to each agency accordingly, and formally approving Amendment No. 4 to the JPA. Following this approval by all member agencies, the new dues will take effect on July 1, 2024. Once implemented, the Ad -Hoc Committee and the City/County Managers Technical Advisory Committee will work to identify program and project priorities, and amend the approved work plan accordingly.
FISCAL IMPACTS
Approval of this item will add $19,534 to Colton’s SBCOG Member Dues for the next Fiscal Year 2024/25, for a total Member Dues of $35,744. This increased amount will be accounted for in the preparation of the 2024/25 City budget.
ALTERNATIVES
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Staff Report to the Mayor and City Council
JPA Amendment - SBCOG
February 20, 2024
City Council may provide alternative direction to staff.
ATTACHMENT
1. SBCOG JPA Amendment No. 4
2. SBCOG Dues Increase Listing
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Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 1 of 3
This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Lo ma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.
RECITALS
1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;
2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and
3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and
4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and
5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.
NOW, THEREFORE, the parties hereto agree as follows:
1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.”
2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following:
ASSESSMENTS
10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or form ula specifying how member agency dues shall be assessed , and will also allow for optional, subscription
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Attachment: SBCOG JPA Amendment No. 4 (4387 : JPA Amendment - SBCOG) Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 2 of 3
assessments that member agencies may opt in to on a voluntary basis , based on a Board- adopted budget or budget amendment and a subscription work program.
Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. As sessments shall be payable on or before August 1 for the fiscal year starting July 1.
In addition to the assessments referenced in the preceding paragraph s, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.
When such advances are made, they shall be repaid from the first available funds.
The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.
All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directo rs in connection with the adoption of the annual budget.”
3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution.
Signed and attested by the following:
Jurisdiction Date
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
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Attachment: SBCOG JPA Amendment No. 4 (4387 : JPA Amendment - SBCOG) Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 3 of 3
City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
Board Adopted: January 3, 2024
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Attachment: SBCOG JPA Amendment No. 4 (4387 : JPA Amendment - SBCOG) New New
Assessed Value Base Sales Tax + Total Current Assessment Total Current Assessment Total Current Population Fiscal Year Property Tax Original 2016 2022 Assessments 50% Population/ Assessments + 50% Population/ Assessments + Jurisdiction 2022 2022/2023 Revenues (1) Assessment (2) Assessment (3) Assessment (4) (2)+(3)+(4) 50% Revenue New Assessment (5) 50% Revenue New Assessment (6) Adelanto 36,357 $3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 $5,254 20,447 $10,379 $25,572 Apple Valley 75,628 $7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 $11,818 29,321 $23,345 $40,848 Barstow 25,202 $1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 $5,187 19,724 $10,247 $24,784 Big Bear Lake 5,041 $4,416,276,035 18,299,262 $1,204 $5,337 $8,000 $14,541 $2,643 17,184 $5,221 $19,762 Chino 91,998 $17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 $19,384 39,706 $38,292 $58,614 Chino Hills 77,964 $14,639,278,992 32,696,782 $5,915 $5,337 $8,000 $19,252 $12,932 32,184 $25,546 $44,798 Colton 53,617 $5,016,940,896 31,398,593 $2,873 $5,337 $8,000 $16,210 $9,889 26,099 $19,534 $35,744 Fontana 212,809 $27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 $37,413 63,834 $73,906 $100,327 Grand Terrace 13,042 $1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 $2,196 16,262 $4,339 $18,405 Hesperia 100,324 $8,075,905,550 23,814,083 $5,065 $5,337 $8,000 $18,402 $14,603 33,005 $28,847 $47,249 Highland 56,546 $4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 $9,175 25,355 $18,124 $34,304 Loma Linda 25,349 $2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 $4,386 19,189 $8,664 $23,467 Montclair 37,846 $4,280,071,001 31,424,075 $2,203 $5,337 $8,000 $15,540 $8,014 23,554 $15,830 $31,370 Needles 4,876 $495,248,695 8,921,710 $270 $5,337 $8,000 $13,607 $1,576 15,183 $3,114 $16,721 Ontario 179,516 $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 $48,517 76,070 $95,842 $123,395 Rancho Cucamonga 174,476 $32,965,855,079 87,561,737 $13,287 $5,337 $8,000 $26,624 $30,547 57,171 $60,344 $86,968 Redlands 72,585 $12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 $16,033 34,499 $31,673 $50,139 Rialto 103,954 $13,115,586,958 111,985,260 $6,372 $5,337 $8,000 $19,709 $24,877 44,586 $49,142 $68,851 San Bernardino 220,840 $19,097,789,522 129,701,848 $11,462 $5,337 $8,000 $24,799 $40,771 65,570 $80,540 $105,339 Twentynine Palms 27,685 $1,137,526,790 10,674,796 $1,139 $5,337 $8,000 $14,476 $4,488 18,964 $8,865 $23,341 Upland 79,139 $11,532,952,948 41,173,743 $5,217 $5,337 $8,000 $18,554 $14,018 32,572 $27,692 $46,246 Victorville 136,561 $11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 $23,531 43,869 $46,484 $66,822 Yucaipa 54,494 $5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 $8,715 25,072 $17,217 $33,574 Yucca Valley 21,813 $2,270,934,302 11,976,891 $1,223 $5,337 $8,000 $14,560 $3,934 18,494 $7,771 $22,331 County 300,003 $42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 $161,029 193,957 $318,100 $351,028 2,187,665 $290,515,911,972 2,333,448,755 $137,523 $133,418 $200,000 $470,941 $520,932 991,873 $1,029,059 $1,500,000 NOTES:
(1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducted for Barstow, Montclair, Redlan (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year thereafter of the lower of CPI fa (5) $991,873 total sum of current assessments plus the net amount of $520,932 distributed based on 50% Population/50% Revenue. (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/50% Revenue.
SBCOG General Assessment Dues & Potential Increase
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Attachment: SBCOG Dues Increase Listing (4387 : JPA Amendment - SBCOG)