Agenda packet — Mayor and City Council, January 18, 2023 (part 1 of 9)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 18, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor ProTem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 14
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Mark Bender Sr., individually and as Successor in Interest to Mark Bender Jr. v. City of San Bernardino, United States District Court Case No. 5:21CV01006JGBSP ii) The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22cv02206JGBSP 7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

PRESENTATIONS

1. Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National Mentoring Month p. 15

2. January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventhday Adventist Church p. 24

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 3

DISCUSSION

3. ShortTerm Vacation Rentals in San Bernardino p. 25
Recommendation:

It is recommended that the Mayor and City Council: Receive and file an update on the status of shortterm vacation rentals in the City; Consider three options to address shortterm vacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a regulatory scheme for shortterm vacation rentals within the City’s residential districts.

4. Nominations and Appointments to Various Regional Boards and Associations (All Wards) p. 38
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;

4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;

7. Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election.

5. Adoption of Resolution No. 2023019 Appointing an Interim City Manager and approving an employment agreement. p. 229
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023.

PUBLIC HEARING

6. Adopt New Purchasing Policy and Introduce Ordinance No. MC1605 amending Section 3.04 of the Municipal Code. (All Wards) p. 243
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

Introduce, read by title only, and waive further reading of Ordinance No. MC1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022246 adopting the Purchasing Policy for the City of San Bernardino.

7. Public Hearing on Annexation No. 28 to Community Facilities District 20191 (Ward 5) p. 327
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and
Mayor and City Council of the City of San Bernardino Page 4

2. Adopt Resolution No. 2023001 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 28); and

3. Hold a special landowner election and canvas the election; and

4. Adopt Resolution No. 2023002 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191(Maintenance Services) (Annexation No. 28); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC 1608 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.

MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1608 for February 1, 2023.

8. Public Hearing on Annexation No. 29 to Community Facilities District 20191 (Ward 3) p. 390
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023004 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 29); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023005 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 29); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1609 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.

MC1522 and levying special taxes to be collected during Fisca Year 20222023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1609 for February 1, 2023.

9. Public Hearing on Annexation No. 30 to Community Facilities District 20191 (Ward 5) p. 453
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023006 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District Mayor and City Council of the City of San Bernardino Page 5 No. 20191 (Maintenance Services) (Annexation No. 30); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023007 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 30); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1610 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.

6. Schedule the adoption of Ordinance No. MC1610 for February 1, 2023

10. Public Hearing on Annexation No. 32 to Community Facilities District 20191 (Ward 6) p. 510
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023008 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 32); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023009 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 1 (Maintenance Services) (Annexation No. 32); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1611 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.

6. Schedule the adoption of Ordinance No. MC1611 for February 1, 2023.

CONSENT CALENDAR

11. Approving the Revised CityWide Records Retention Policy and Schedule p. 573 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2023010, establishing a revised Records Retention Policy and Schedules.

12. Infill Housing Master Development Agreement with Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4) p. 657 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

Mayor and City Council of the City of San Bernardino Page 6

1. Adopt Resolution No. 2023011 authorizing the execution of the Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC to construct or reconstruct infill housing on blighted or underutilized sites and sell those properties to households whose income does not exceed 80% of the area median income.

2. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the agreements.

13. Adoption of Ordinance No. MC1603 Belmont Residential Subdivision Project (Ward 5) p. 768
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC1603 approving Development Code Amendment (Zoning Map Amendment) 2105 changing the Zoning District Classification of a parcel (APN: 0261151 10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS), pursuant to a Mitigated Negative Declaration (Attachment 1).

14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and the Richman Group, LLC (Ward 1) p. 782 Recommendation:

Authorize the execution of First Amendment to the Exclusive Negotiating Agreement between the City of San Bernardino and the Richman Group, LLC. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the First Amendment to the Exclusive Negotiating Agreement.

15. City Board, Commission, and Citizen Advisory Committee Minutes Approved in November/December 2022 p. 809
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2022.

16. Investment Portfolio Report for October and November 2022 (All Wards) p. 840 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October and November 2022.

17. Administrative Budget Transfers Report p. 862
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file all listed administrative budget amendments from July 1, 2022, through December 15, 2022.

18. Ratify and Approve Acceptance of Award from The California Public Utilities Commission for Local Agency Technical Assistance Grant p. 866 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Ratify and approve the acceptance of an award from the California Public Utilities Commission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the amount of $425,256.14 for 24 months, and

2. Adopt Resolution No. 2023012 amending the General Fund 2022/23 Budget in the amount of $425,256.14 in both revenue and expenditures.

Mayor and City Council of the City of San Bernardino Page 7

19. Basic Compensation Plan for Temporary, PartTime and Seasonal Employees of the City of San Bernardino (All Wards) p. 896
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023013 approving a revised Citywide salary schedule for all fulltime, parttime, temporary, and seasonal positions.

20. Amendment to Professional Services Agreements for Legal Services (All Wards) p. 911 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

1. The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S.

District Court Case No. 5:21CV01459CBMSP;

2. The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337;

3. The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337

21. Agreements with Kaiser Permanente for Preemployment and Occupational Medical Services (All Wards) p. 946
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. A professional services agreement with Kaiser Permanente for preemployment screening services.

2. A professional services agreement with Kaiser Permanente for occupational medical services.

22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program p. 1215
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846.

23. Accept the Tobacco Grant p. 1224
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023015 authorizing:

1. The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures.

3. The Police Department to increase the approved staffing appropriately Mayor and City Council of the City of San Bernardino Page 8

24. OffRoad Police Vehicles Goods Purchasing Agreement Report p. 1231 Recommendation:

It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two offroad police vehicles in accordance with the Goods Purchasing Agreement.

2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70.

25. Purchase of Night Vision Goggles p. 1265
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated;

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated.

26. Purchase of Tactical Vests p. 1284
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with Aardvark.

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark.

27. Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System p. 1305
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement.

28. Award a Professional Services Agreement for a Parks Master Plan p. 1382 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023016 to:

1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of $750,000 through Measure S Fund to complete the Project; and

3. Authorize the City Manager, or designee, to sign and execute the agreement.

Mayor and City Council of the City of San Bernardino Page 9

29. Adoption of Ordinance MC1606 (Ward 4) p. 1481
Recommendation:

Adopt Ordinance No. MC1606 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

30. Adoption of Ordinance No. MC1607 (Ward 1) p. 1491
Recommendation:

Adopt Ordinance No. MC1607 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.) (Ward 3) p. 1501
Recommendation:

Adopt Resolution No. 2023017 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 31) and authorizing the levy of a special taxes therein.

32. License Agreement with DP Industrial Parkway, LLC p. 1538 Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023018:

1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the construction of improvements that include a driveway, block wall, trailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California; and

2. Directing the City Manager or designee to execute the Agreement; and

3. Finding that the project is covered by the mitigated negative declaration previously approved for the 5770 Industrial Parkway project pursuant to the California Environmental Quality Act.

Mayor and City Council of the City of San Bernardino Page 10

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez p.1572

34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study for installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3) - Council Member Reynoso p. 1573

35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office (All Wards) – Council Member Alexander p. 1574

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on February 01, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the January 18, 2023 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, January 13, 2023.
/s/ Genoveva Rocha
City Clerk
I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 11 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 12

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page:tinyurl.com/mccpubliccomments. 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only; Meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2021
The public may begin joining the meeting on Zoom or by calling in to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting, to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in, staff will confirm the last four digits of the caller's phone number and unmute them; the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.
b) Join the Meeting by clicking on the Zoom link below:
https://sbcityorg.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz0 Mayor and City Council of the City of San Bernardino Page 13 Meeting ID: 6778459453
Passcode:2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2021
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

Printed on 01/13/2023

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Mark Bender Sr., individually and as Successor in Interest to Mark Bender Jr. v.

City of San Bernardino, United States District Court Case No. 5:21-CV-01006-JGBSP ii) The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22-cv-02206-JGB-SP
Packet Pg. 14

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Edelia Eveland, Assistant City Manager
Department: City Manager's Office
Subject: Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National
Mentoring Month
Packet Pg. 15

CELEBRATING NATIONAL

MENTORING MONTH
Packet Pg. 16
We empower every
young person to
graduate with a plan
for their future
and
a mentor whose
impact will last for
their lifetime.

Packet Pg. 17
“
➔
“
➔
➔
➔
Packet Pg. 18
3,000+
$6.4M
215,000
8 4
$1 : $18 21
2 Packet Pg. 19

CREATING A MORE CARING AND

CONNECTED COMMUNITY
Workforce Development Mentorship
First Generation Mentorship - CSUSB
School Based Mentoring Program
Packet Pg. 20

CREATING A MORE CARING AND

CONNECTED COMMUNITY
Packet Pg. 21

TOGETHER, WE IGNITE
POTENTIAL • • •
•
Packet Pg. 22
WE ARE
BIGGER

TOGETHER
Packet Pg. 23

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, 6th Ward
Department: Council Office
Subject: January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventh-day
Adventist Church
Packet Pg. 24
City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

WADE FORDE

LEAD PASTOR
SAN BERNARDINO 16TH STREET SEVENTH-DAY ADVENTIST CHURCH JANUARY 2023

CITIZEN OF THE MONTH AWARD
Concerned
Investor
Time/Talent
Involved
Zealous
Enthusiastic
Neighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 18th day of January 2023
Packet Pg. 25

DISCUSSION
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Short-Term Vacation Rentals in San Bernardino
Recommendation:

It is recommended that the Mayor and City Council:

1. Receive and file an update on the status of short-term vacation rentals in the City;

2. Consider three options to address short-term vacation rental issue throughout the City; and

3. Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts.

Background
The City of San Bernardino has received numerous complaints regarding residents leasing their residential properties to travelers for weekend retreats and short-term vacation rentals. Common complaints received assert that these rentals cause conditions that diminish the quality of life in residential neighborhoods. These conditions include: noise disturbances, parking problems, property damage, and litter (amongst other things).

The City of San Bernardino’s Municipal Code (SBMC) does not specifically address short-term vacation rentals; however, commercial uses are generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term vacation rentals, the issue of the SBMC’s intent is disputed by residential property owners who wish to lease their properties to tourists and/or retreatants for short stays. As such, staff has created this report to discuss the issues and evaluate different approaches the City can take to address this issue.

On August 3, 2022, the Mayor and City Council approved this topic as a “Future Item to be Considered.”
Packet Pg. 26
Moreover, on December 13, 2022, the Planning Commission received an update on the state of short-term vacation rentals in the City and unanimously approved a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts.

Discussion
The convenience and marketability of online vacation rental websites, such as Airbnb.com and Homeaway.com, have encouraged City property owners (and leaseholders) to lease residential properties to tourists and other visitors on a shortterm basis. These short-term vacation rentals, generally leased for fewer than thirty (30) days, invite tenants who sometimes cause excessive noise, create parking problems, damage property, litter, and overall transform the neighborhood’s residential character.

Vacationers renting a home for a few days typically approach neighborhood harmony and civility differently than long-term permanent residents. In light of these conditions, and a desire of residential property owners to lease their properties to short-term tenants, the City Council may consider enacting regulations for short-term vacation rentals that best serve the City’s priorities and residents. Three potential models for consideration include: 1) instituting a short-term vacation rental ban; 2) creating a regulatory scheme in line with those of other cities; or 3) adopt a “wait and see” approach to determine how these specific issues develop, over the long-term, in the City.

Option 1: Short-Term Vacation Rental Ban
In an effort to clearly define permitted uses within residential districts, the City could expressly prohibit short-term vacation rentals. Under this scenario, the City would no longer need to rely on various interrelated code provisions that together proscribe vacation rentals. The City can adopt and implement specific revisions to the SBMC that would ban short-term vacation rentals outright in residential zones. A clear prohibition would be more effective in deterring violations because it would cause less confusion among homeowners. A ban would not alter the SBMC’s current implicit characterization of vacation rentals as inconsistent with the City’s residential land use regulations.

However, a short-term vacation rental ban has some disadvantages. First, it would restrict homeowners use of their own property. Banning short-term vacation rentals could eliminate uses that do not otherwise serve as a nuisance to neighboring properties, and it would restrict the rights of homeowners who have rented responsibly.

Second, it is unclear whether an outright ban would be effective because of the challenges with consistent enforcement. Tracking and monitoring the use of vacation rental websites is costly and time-consuming.

Packet Pg. 27
Option 2: Adopt a Regulatory Scheme
Conversely, the City can consider developing and adopting a regulatory scheme that regulates short-term vacation rentals. For example, the City of Indian Wells adopted a regulatory scheme that addresses some of the issues that have been raised in San Bernardino. The Indian Wells regulations for short-term vacation rentals includes the following:
• Short-term vacation rentals are limited to specific residential zones. • A business license is required for short-term vacation rentals. • Homeowners must pay Transient Occupancy Taxes (TOT).
• Maintenance of the residential character of the neighborhood where the rental is located.
• Minimum duration of time for the rental.
• Amount of parking allowed on the premises.
• Provisions for citation processes, enforcement, and penalties for violations.

Indian Wells is a good example that can be adapted to reflect the unique needs of San Bernardino. For example, the City could require that homeowners obtain a business license and a permit that could be revoked if the homeowner violates the code.

A regulatory scheme should also include a registration process so that the City can easily identify residences being used as short-term vacation rentals. This would provide the City with sufficient information to identify “problem properties” and, if necessary, commence with bringing the property into compliance.

Option 3: Wait and See Approach
The SBMC does not expressly address short-term vacation rentals in residential districts and the City’s Code Enforcement division has not taken actions to prohibit the uses. Although an argument can be made that short-term vacation rentals are not permitted, the City could attempt to prohibit short-term rentals, on a case-by-case basis where a short-term rental becomes a nuisance, arguing that there is no express authority to carry out commercial operations in residential zones. The City would, of course, continue to enforce other nuisance prevention laws against problem properties. 2021-2025 Strategic Targets and Goals
Receiving an update on the status of short-term vacation rentals and directing staff to develop a regulatory scheme for short-term vacation rentals in the City’s residential districts aligns with Key Target Goal No. 3: Improved Quality of Life and, more specifically, 3d: Improve the City’s appearance, cleanliness, and attractiveness.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item.

Conclusion
It is recommended that the Mayor and City Council:

Packet Pg. 28

1. Receive and file an update on the status of short-term vacation rentals in the City;

2. Consider three options to address short-term vacation rental issue throughout the City; and

3. Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts.

Attachments
Attachment 1 - Short-Term Vacation Rentals Presentation Ward:

All Wards
Synopsis of Previous Council Actions:

On August 3, 2022, the Mayor and City Council approved this topic as a “Future Item to be Considered.”
Packet Pg. 29
Short-Term Vacation Rentals
in San Bernardino
Presented by:

Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development; and
Packet Pg. 30
Introduction
• A Short-Term Vacation Rental (STVR) is an accessory use of residential property for the purpose of providing temporary lodging for compensation for periods of 30 consecutive days or less. • STVRs are most commonly booked through third party internet hosting platforms such as Airbnb and VRBO. Guests may also book STVR’s through travel sites such as Expedia or Hotwire, or directly with a homeowner or tenant.

Packet Pg. 31
Currently in San Bernardino
• 408 historical listings throughout the City, 200 listings throughout 2022, and 120 “active” listings.
o Events at the National Orange Show typically bring 100,000 (+/-) visitors to the City, which drives hotel and STVR occupancy. • Staff has received numerous complaints for noise, traffic, parking problems, property damage, and trash.
• City receives no Transient Occupancy Taxes (TOT).
• Long-term rental inventory has become strained.

Packet Pg. 32
Potential Option No. 1: Total Ban
• The City can adopt and implement specific revisions to the SBMC that would ban short-term vacation rentals outright in residential zones. • A clear prohibition would be more effective in deterring violations because it would cause less confusion among homeowners. • Challenges:

1. Restrict the rights of homeowners (especially those who have rented responsibly).

2. Enforcing and outright ban is difficult. Tracking and monitoring the use of vacation rental websites is costly and time-consuming.

Packet Pg. 33
Potential Option No. 2: Regulatory Scheme
• Potential policies:
• Short-term vacation rentals are limited to specific residential zones. • A business license and permit is “required” for short-term vacation rentals. • Homeowners must pay Transient Occupancy Taxes (TOT).
• Maintenance of residential character of the neighborhood where the rental is located.
• Minimum duration of time for the rental (example: 2 night minimum). • Amount of parking allowed on the premises.
• Provisions for citation processes, enforcement, and penalties for violations.

Packet Pg. 34
Potential Option No. 3: Wait and See
• The SBMC does not expressly address short-term vacation rentals in residential districts and the City’s Code Enforcement division has not taken actions to prohibit the uses.
• The City could attempt to enforce on a case-by-case basis where a shortterm rental becomes a nuisance, arguing that there is no express authority to carry out commercial operations in residential zones. The City would, of course, continue to enforce other nuisance prevention laws against the problem rental also.

Packet Pg. 35
Recommendations
That the City Council:
• Receive and file an update on the current state of shortterm vacation rentals in the City; and • Direct staff to develop a regulatory scheme for shortterm vacation rentals in the City’s residential districts.

Packet Pg. 36
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

Questions?
Packet Pg. 37

DISCUSSION
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Edelia Eveland, Assistant City Manager
Department: City Manager's Office
Subject: Nominations and Appointments to Various Regional Boards and Associations (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;

4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;

Background
The City of San Bernardino is a member of multiple joint powers authorities and associations to facilitate matters pertaining to transportation, redevelopment, and other Packet Pg. 38
regional matters. The City Council appoints members to serve on the regional boards for the Inland Valley Development Agency (“IVDA”), the San Bernardino International Airport Authority (“SBIAA”), the San Bernardino County Transportation Agency (“SBCTA”), Omnitrans, the Interagency Council on Homelessness (“ICH”), and the General Assembly for the Southern California Association of Governments (SCAG GA). Historically, the appointment nominations have been made by the Mayor and affirmed by the legislative body of the City.

Discussion
Each regional board and association is governed by their foundational documents, California law, and their bylaws. These documents and laws determine the number of representatives that each city or agency is allotted, who is eligible to serve, and how the appointment is determined. Members that are appointed to serve on these regional boards and associations will continue to serve until they are no longer eligible (ie: they are no longer an elected official of the City) or are removed/replaced.

Regional
Body Appointment Requirements Current Appointments Mayor’s Proposed Appointments IVDA
Board members and alternate must be “elected
officials” who are designated by “official action of
its city council.” (IVDA JPA pg. 12)
Primary
Vacant
Theodore Sanchez
Ben Reynoso
Alternate
Fred Shorett
Primary
Helen Tran
Juan Figueroa
Sandra Ibarra
Alternate
Fred Shorett
SBIAA
Board members and alternate must be “elected
officials” who “shall be appointed by the
legislative body” of the City. (SBIAA JPA pg. 3)
Primary
Vacant
Juan Figueroa
Alternate
Fred Shorett
Primary
Helen Tran
Theodore Sanchez
Alternate
Fred Shorett
SBCTA
Board member and alternate “shall either be a
mayor or a city council member.” (California
Public Utilities Code 130815)
Primary
Vacant
Alternate
Damon Alexander
Primary
Helen Tran
Alternate
Damon Alexander
Omnitrans
Board member and alternate shall be “an officially
designated Mayor or City Council Member” that is
“officially designated by the City Council.”
(Omnitrans JPA pg. 3.)
Primary
Vacant
Alternate
Sandra Ibarra
Primary
Helen Tran
Alternate
Kimberly Calvin
ICH
“City representatives are not required to be
council members but must be at the level of a
department director or higher.” (ICH Bylaws pg. 4)
Primary
Kimberly Calvin
Alternate
Cassandra Searcy
Primary
Sandra Ibarra
Alternate
Cassandra Searcy

SCAG GA
Official Representative may be “the mayor or a
member of the legislative body of a member city”
who has been appointed by the member city.
(SCAG Bylaws pg. 2)
Primary
Damon Alexander
Alternate
Fred Shorett
Primary
Helen Tran
Alternate
Ben Reynoso Primary
Damon Alexander Secondary
Packet Pg. 39
Southern California Association of Governments Regional Council The Regional Council (RC) is SCAG’s 86-member governing board and has general authority to conduct the affairs of SCAG. Cities are represented on the RC through District Representatives, who may be any elected member of a city council. District Representatives are not appointed by the Mayor and City Council; instead, SCAG will communicate a “First Notice” that informs all eligible candidates to submit their names to SCAG if they are interested in becoming a District Representative. If there are multiple candidates for a District Representative, an election is held.

The City of San Bernardino is a member of District 7 in the SCAG RC, which is a MultiCity District that also encompasses the City of Highland. As a result, it is likely there will be multiple candidates for District Representative, requiring an election to take place. Per Article V Section C of the SCAG RC Policy Manual, “in a voting-eligible city comprised of more than five (5) city council members, the mayor of such city shall appoint a maximum of five (5) members to vote in Multi-City District Representative Elections” (SCAG RC Policy Manual, pg. 15). The Mayor has selected Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander as the council members to vote in a Regional Council District 7 election, provided that one is held. 2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no fiscal Impact associated with the nomination and appointment of members to various regional boards.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;

4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;
Packet Pg. 40

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;

Attachments
Attachment 1 Inland Valley Development Agency JPA
Attachment 2 San Bernardino International Airport Authority JPA Attachment 3 San Bernardino County Transportation Authority Consolidation Act of 2017
Attachment 4 Omnitrans JPA
Attachment 5 Bylaws of the Interagency Council on Homelessness Attachment 6 Southern California Association of Governments Bylaws Attachment 7 Southern California Association of Governments Regional Council Policy Manual
Ward:

All Wards
Synopsis of Previous Council Actions:

None
Packet Pg. 41

AMENDED JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AGREEMENT amends and supersedes that joint powers
agreement covering the same subject which was dated January 24, 1990; is dated for convenience as of February 12, 1990; and is by and among each public agency represented as a party signatory to this Agreement, each duly organized and existing under the laws of the State of California (the "State"), collectively called the "Members".

R E CIT A L S
WHEREAS, Article I of Chapter 5 of Division 7 of Title r of the Government Code of the State of California pertaining to the joint exercise of powers authorizes the Members by agreement to jointly exercise certain powers common to the Members; and WHEREAS, each of said parties has the authority and
power to plan for the use and reuse of Norton Air Force Base in the event of its closure, and to acquire, own, maintain and operate an airport; and
WHEREAS, the parties hereto recognize the importance of determining the value of the potential civilian use of Norton Air Force Base and its resulting possible benefit to the entire East Valley region, all as may be determined by land use, aviation and environmental studies required to be undertaken by the Agency pursuant to the California Environmental Quality Act of 1970, as amended (" CEQA") and
WHEREAS, each of said parties agree that a regional
approach is desirable to both (i) direct the policies and activities of a civilian aviation facility and (ii) acquire, own, maintain and operate the Norton Air Force Base Property for all aviation uses as may be legally permitted upon such property, or 2/8/90
CSJ/NortonA
Packet Pg. 42
such other uses as may be legally permitted and as may be determined by the Agency all in accordance with CEQA procedures to be hereafter complied with by the Agency; and
WHEREAS, the parties hereto recognize the immediate
necessity for Planning for the possible closure of Norton Air Force Base, and the need to determine the best manner in which to utilize the Norton Air Force Base facility after closure to attract business, create jobs and improve the quality of life for the citizens of the East Valley; and
WHEREAS, e ach of the Members is authorized to establish redevelopment agencies to undertake redevelopment projects under the California Community Redevelopment Law (Health and Safety Code section 33000, et seq.), for the purposes of causing the redevelopment o f areas in the interests of health, safety and general welfare and all Members are cities or counties with territory either within, adjacent to or in proximity to Norton Air Force Base; and
WHEREAS, Health and Safety Code section 33320.5
authorizes the Members to form a joint powers authority for the purposes of causing the redevelopment of certain property which is currently operated as a military facility or installation and which is to be closed pursuant to Public Law 100-526 in addition to certain land which is adjacent or in proximity to a military facility or installation and which land is necessary for the effective redevelopment thereof; and
WHEREAS, the Members deem it desirable to participate
together in order to form a joint powers authority to be known as the Inland Valley Development Agency (the "Agency") for the purposes of adopting a Redevelopment Plan (the "Redevelopment Plan") in order to facilitate the redevelopment of a
redevelopment project area, the boundaries of which are yet to be determined, but which will generally include the military -2-
Packet Pg. 43
facility known as Norton Air Force Base and certain areas adjacent and in proximity thereto (the "project Area"); and WHEREAS, the adoption of a Redevelopment Plan is
intended to permit the redevelopment of the Project Area in order to eliminate blight and promote the well planned development of the Project Area for the benefit of the Members; and
WHEREAS, each of the Members shall agree to have certain territory, as more fully set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which would otherwise be within the jurisdiction of, and subject to, redevelopment by each of the Members comprising the Agency, considered by the Agency for inclusion within the ultimate project Area to be formed by the Agency; and
WHEREAS, for the purposes of this Agreement, the
territory of the county shall only be deemed to include any unincorporated territory within the jurisdiction of the County; and
WHEREAS, the territorial jurisdiction of the Agency
shall be the combined territorial jurisdictions of the Members and within a portion of such combined territorial jurisdiction shall be the Project Area which will be the subject of the Redevelopment Plan; and
WHEREAS, Pursuant to Health and Safety Code section
33320.5, the Agency shall have and exclusively exercise powers of a redevelopment agency within the Project Area in furtherance of the redevelopment of the Project Area and shall act as the redevelopment agency, legislative body and planning commission with respect to all approvals and actions required in connection with the adoption of the Redevelopment Plan; provided, however, all land use, planning and development decisions with regard to the land within the Project Area shall continue to be under the -3-
Packet Pg. 44
control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable.

NOW, THEREFORE, in consideration of the above premises
of the mutual promises herein contained, the Members do hereby agree as follows:

ARTICLE I

DEFINITIONS
section 1.01. Recitals. The Recitals hereinabove set
forth are incorporated herein by this reference and shall be a part of this Agreement.
section 1.02. Definitions. Unless the context
otherwise requires, the words and terms defined in this Article shall, for the purposes hereof, have the meanings herein specified.
(a) "Act" means Article I of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California as the same exists and as may be amended from time-to-time.
(b) "Agency" means the Inland Valley Development Agency created as a separate joint powers agency pursuant to this Agreement and as authorized by Health and Safety Code section 33320.5.
(c) "Agreement" means this Agreement.
(d) "Board" shall mean the governing body of the
Agency.
-4-
Packet Pg. 45
(e) "Board Members" shall mean the representatives of
the Members and New Members appointed to the Board in the manner required by Section 2.09 hereof who shall have the power to vote in the manner as provided in this Agreement.
(f) "Fiscal Year" shall mean each one-year period
commencing on July 1 of each calendar year and ending on June 30 of the next succeeding calendar year.
(g) "Law"
found in Health and
means the Community Redevelopment Law as
Safety Code section 33000, et seq., as the
same exists and as may be amended from time-to-time.
(h) "Members" means each of the parties to this
Agreement, and "Member" shall mean any party identified in section 2.09 hereof that has approved, executed and delivered this Agreement. The term Member or Members may also include a New Member or New Members if warranted by the context in which such term is used.
(i) "New Member" or
municipal corporation that is
Agency after the date of the
"New Members" shall mean any
added to the membership of the
adoption of the original Project
Area and which New Member is added to the membership of the Agency pursuant to an amendment to this Agreement.
(j) "Project Area" means that certain redevelopment
project area which will be designated by the Agency as the redevelopment project area of the Agency and which will be subject to the Redevelopment Plan as said Project Area may initially be adopted by the Agency and as it may thereafter be amended to include either additional territory of the Members or territory of a New Member.
(k) "Redevelopment Plan" means the Redevelopment Plan
to be adopted by the Agency for the redevelopment of the project Area.
-5-
Packet Pg. 46
(1) "Secretary" means the Secretary of the Agency.
(m) "State" means the State of California.
(n) "Tax Increment Revenues" means moneys allocated or
paid to the Agency derived from each of the following sources:
(a) that portion of taxes levied upon assessable property within the Project Area allocated to the Agency pursuant to Article 6 of Chapter 6 of the Law and section 16 of Article XVI of the Constitution of the State; and (b) reimbursements, subventions, including payments to the Agency with respect to personal property within the Project Area pursuant to section 16110, et seq., of the Government Code of the State, or other payments made by the State with respect to any property taxes that would otherwise be due on real or personal property but for an exemption of such property from such taxes.
(0) "Treasurer" means the Treasurer of the Agency.

ARTICLE II

GENERAL PROVISIONS
section 2.01. Purpose. This Agreement is entered into
pursuant to the Act and Health and Safety Code section 33320.5 which provides for the joint exercise of powers common to the Members to create a separate joint powers agency which shall have, in addition to such powers common to the Members, and exclusivelY exercise powers of a redevelopment agency in furtherance of the redevelopment of the Project Area. The purpose of this Agreement is to promote the redevelopment of the Project Area through the adoption of the Redevelopment Plan by the Agency in order to eliminate blight, promote the retention of existing and the creation of additional employment opportunities -6-
Packet Pg. 47
and cause the orderly redevelopment of the Project Area in furtherance of the health, safety and welfare of the Members and the region within which the project Area is located.

The state Legislature, upon enacting Health and Safety
Code section 33320.5, declared that it is the policy of the state Legislature to assist communities within the County in their attempt to preserve the military facilities and installations for their continued use as airports and aviation related purposes.

In furtherance of such legislative intent, the Members
acknowledge and agree that it is the intent of the Agency so created by this Agreement to acquire the Norton Air Force Base property from the united states government upon mutually agreeable terms and conditions as between the Agency and the united states government. It is also the intent of the Members that the Agency shall acquire, own, maintain, lease and operate the Norton Air Force Base property, which shall be named and known as the "San Bernardino Regional Airport", for such aviation uses as may be legally permitted upon such property or such other legal uses as may be determined by the Agency. The Members further acknowledge and agree that the reuse and redevelopment of the Norton Air Force Base, the adjacent property and the other properties in proximity thereto will assist in both the creation of new employment opportunities and in the preservation of existing employment opportunities on a regional basis and will be in the best interests of each Member and the residents within the boundaries of each Member. All such ultimate uses of the Norton Air Force Base by the Agency and any acquisition thereof shall be accomplished in accordance with all applicable laws of the State. section 2.02. Creation of the Agency. Pursuant to the
Act and the Law, there is hereby created a public entity to be known as the "Inland Valley Development Agency". The Agency shall be a public entity separate and apart from the Members and shall be empowered to take such action, to the extent permitted by law, to cause the implementation of this Agreement.
-7-
Packet Pg. 48
Section 2.03. Membership/Territory. Membership in the
Agency shall be based upon the agreement of each of the Members to allow certain territory, otherwise within the jurisdiction of each such Member which territory is shown on Exhibit "A", included for consideration in connection with the ultimate formation of a Project Area. The final inclusion or exclusion of such territory of a Member within the Project Area shall only be authorized pursuant to a majority vote of the Board Members. section 2.04. Expansion of Membership. The membership
of the Agency may be expanded to admit a New Member after the final adoption of the Redevelopment Plan for the Project Area pursuant to Health and Safety Code Section 33365 by processing an amendment to the Redevelopment Plan pursuant to Health and Safety Code section 33450, et seq., to include the territory of any proposed New Member. Such an expansion of the membership of the Agency to admit any New Member shall require the unanimous vote of the Board Members and the adoption and approval by each Member of an amendment to this Agreement in the manner as provided in section 8.04 hereof.

The membership of the Agency shall include all
prospective Members identified in Section 2.09 as of the date of approval, execution and delivery of this Agreement by each Member to the other Members.
section 2.05. Board. The Agency shall be administered
by a Board comprised of the number of Board Members representing the respective public entities as set forth in section 2.09 hereof which have elected to become Members or New Members of the Agency.

The number of the Board Members representing each Member may be modified only by an amendment to this Agreement approved in writing by each of the Members and New Members, if
-8-
Packet Pg. 49
applicable, who are then in membership in the Agency in the manner as provided in section 8.04 hereof. The number of Board Members, Members and New Members, if applicable, may also be modified as provided in accordance with section 2.06 hereof. The Board shall be called the "Governing Board of the Inland Valley Development Agency". All voting power of the Agency shall reside in the Board Members as individuals and not in any Member jurisdiction by its city councilor Board of Supervisors. section 2.06. Expulsion and withdrawal from
Membership. Any expulsion or withdrawal of a Member or New Member from the membership in the Agency shall be in accordance with the following:
(a) Expulsion from Membership. At any time prior to the introduction and first reading of an ordinance providing for final adoption of the Redevelopment Plan, a Member may be expelled from membership in the Agency upon a majority vote of the Board Members. At any time prior to the introduction and first reading of an ordinance providing for the final adoption of an amendment to the Redevelopment Plan which amendment is for the purposes of adding new territory of a New Member to the Project Area, such New Member may be expelled from membership in the Agency upon the majority vote of the Board Members.

The Agency shall not include any portion of the
territory of an expelled Member or an expelled New Member unless such expelled member or expelled New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon expulsion from membership in the Agency, any expelled Member or any expelled New Member shall no longer be a party to this Agreement for any purposes.

Both for purposes of this section 2.06 and as an agreed upon procedure to be followed by the Agency in the adoption of the Redevelopment Plan and amendments to the Project Area, the -9-
Packet Pg. 50
introduction and first reading of the ordinance to approve the Redevelopment Plan and any amendments to the Project Area for the purpose of adding additional territory to the Project Area shall not occur any earlier than the sixth (6th) calendar day after the conclusion of the public hearing of the Agency to consider the approval of the Redevelopment Plan or any amendments to the Project Area. As provided in this subsection (a) and in the following subsection (b), any expulsions from membership or any voluntary withdrawals from membership shall occur no later than the fifth (5th) calendar day after the conclusion of the public hearing on the Redevelopment Plan or any amendments to the Project Area.
(b) Voluntary withdrawal from Membership. Any Member
may voluntarily withdraw from membership in the Agency at any time prior to the introduction and first reading of an ordinance providing for the final adoption of the Redevelopment Plan.

Subsequent to such final adoption of a Redevelopment Plan by the Agency, any New Member may seek to have territory added to the Project Area pursuant to an amendment to the Redevelopment Plan.

At any time prior to the first reading of an ordinance providing for the final adoption of an amendment to add territory to the Redevelopment Plan, a New Member may voluntarily withdraw from the membership prior to the inclusion of such territory of a New Member within the amended Project Area. The Agency shall not include any portion of the territory of a withdrawing Member or a withdrawing New Member unless such withdrawing Member or withdrawing New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon voluntary withdrawal from membership in the Agency, such withdrawing Member or withdrawing New Member shall no longer be a party to this Agreement for any purposes.
(c) Mandatory Participation. Upon the introduction and
first reading of the ordinance to approve the Redevelopment Plan or an amendment to add territory to the Project Area, (i) any -10-
Packet Pg. 51
Member who has territory included within the boundaries of the proposed Project Area, and (ii) any Member or New Member who has territory included within the territory to be added by an amendment to the project Area, shall be unable to voluntarily withdraw or be expelled from the Agency membership.

Section 2.07. Meetings of the Board.
(a) Regular Meetings. The Board shall hold regularly
scheduled meetings at such time and at such location or locations to be designated by the Board Members. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be delivered to each of the Members. Regular meetings of the Agency may only be held at a location or locations which are either within any portion of the territorial jurisdiction of a Member which is a municipal corporation or within three (3) miles of the boundaries of Norton Air Force Base.
(b) Special Meetings. Special meetings of the Board
maybe called in accordance with the provisions of section 54956, et seq., of the Government Code of the State.
(c) Call. Notice and Conduct of Meetings. All meetings
of the Board, including without limitation special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act found as section 54950, et seq., of the Government Code of the State.
section 2.08. Minutes. The Secretary shall maintain
minutes of the meetings of the Board and shall, as soon as practicable after each meeting, forward a copy of the minutes to each Board Member and to each of the Members.
section 2.09. Voting.

The number of votes for each public entity which is
-11-
Packet Pg. 52
included within the then current membership of the Agency as either a Member or a New Member shall be as follows:

City of San Bernardino
County of San Bernardino
city of Colton
City of Lorna Linda
Votes
3 2
2 2
Each Member with two (2) votes shall have two (2) Board Members with one (1) vote each, and the Member with three (3) votes shall have thre e (3) Board Members with one (1) vote each. In the event a Board Member for a Member with two (2) v otes is not present upon the casting of votes on any matter, the other Board Member may cast two (2) votes on behalf of such Member in any manne r deemed appropriate by such Board Member. In the event either one (1) or two (2) Board Members for a Member with three (3) votes are not present upon the casting of votes on any matter, the Board Member or Board Members of such Member in attendance may cast among them a total of three (3) votes on behalf of such Member in any manner deemed appropriate by such Board Member or Board Members. In the event no Board Member of a Member is present at the time that votes are cast on a matter, the votes of such absent Board Member or Board Members shall be considered as not having been cast on such matter.

Each Member by official action of its city councilor
Board of Supervisors, as appropriate, shall designate one (1) elected official of the Member for each vote and Board position as the primary representatives for each Member. Such primary representatives may be any elected official of the Member. Each Member shall similarly designate one (1) additional elected official of the Member to serve as an alternate for either or all of the primary representatives for each Member.
section 2.10. Quorum; Required Votes; Approvals. No
-12-
Packet Pg. 53
Person other than a duly appointed Board Member who has been appointed as either a primary representative or an alternate representative may sit on the Board and be considered for purposes of determining a quorum and for the casting of votes.

Board Members representing a majority of the Members and New Members then in the membership of the Agency shall constitute a quorum, which is necessary for the transaction of business, except that less than a quorum may adjourn from time-to-time.

The affirmative votes of a majority of the Board Members representing Members and New Members then in the membership of the Agency shall be required on all actions to be taken by the Board unless a greater number of votes is otherwise specified in this Agreement or required by law for a specific matter. Any Board Member who shall abstain from voting shall not have such vote counted as either an affirmative or a negative vote but shall be considered as present for purposes of determining whether a quorum of the Members is present.
section 2.11. Bylaws. The Board may adopt, from timeto-time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof; provided, however, that such bylaws shall not be inconsistent with this Agreement or in any manner amend or attempt or purport to amend this Agreement or any amendment to this Agreement.

ARTICLE III

OFFICERS AND EMPLOYEES
Section 3.01. Co-Chairmen, Vice-Chairman and Additional Officers. The Board shall elect two persons to be Co-Chairmen and one person to be Vice-Chairman from among the Board Members for a term of two (2) years commencing as of the first regular meeting of the Board of the Fiscal Year which commences in an -13-
Packet Pg. 54
even numbered calendar year; provided that the initial term of the Co-Chairmen and Vice-Chairman elected by the Board upon creation of the Agency shall terminate upon the election of the Co-Chairmen and Vice-Chairman for the 1992-93 and 1993-94 Fiscal Years. The Board shall appoint such additional officers and shall employ such additional employees and assistants as may be appropriate, including, but not limited to, a general manager, counsel and Secretary for the Board. The officers shall perform the duties normal to said offices; and
(a) Either Co-Chairmen, or such other official, officer or person as may be designated by the Board, shall execute all contracts on behalf of the Agency, and shall perform such other duties as may be imposed by the Board;
(b) the Vice-Chairman shall act, execute contracts and
perform all of the Co-Chairmen's duties in the absence of both Co-Chairmen; and
(c) the secretary shall attest to the execution of all
contracts executed by a Co-Chairman, Vice-Chairman or such other official, officer or person as may be designated by the Board, on behalf of the Agency, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Act.
section 3.02. Treasurer. The Board Members shall
select the treasurer or chief financial officer of a Member to be designated as the Treasurer of the Agency. The Treasurer shall be the depository and shall have custody of all of the funds and moneys of the Agency. The Board shall also appoint a controller who shall have custody of all the accounts and who shall draft warrants to pay all demands against the Agency as approved by the Board. The Agency shall approve the employment of a certified public accountant or firm of certified public accountants for the annual audit of all accounts and financial records of the Agency. -14-
Packet Pg. 55
Section 3.03. Officers in Charge of Records. Funds and
Accounts. The controller shall have charge of, handle and have access to all accounts, funds and moneys of the Agency and all records of the Agency relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Agency. All persons who have charge of, handle or have access to any property of the Agency shall file an official bond in an amount to be determined by the Agency, and all costs of providing such official bond shall be paid by the Agency. section 3.04. Other Employees. The County of San
Bernardino (the "County") shall (i) provide the Agency with County staff personnel as reasonably deemed necessary by the Agency for the purposes of causing the preparation and adoption of the Redevelopment Plan for the Project Area, and (ii) contract with such consultants, engineers and legal counsel and other third parties as deemed necessary by the Agency in order to cause the successful adoption and administration of the Redevelopment Plan and cause to be prepared and adopted a Norton Air Force Base reuse plan. The Agency shall accept within thirty (30) days after the creation of the Agency all consultant contracts previously entered into by the County with consultants retained for the adoption of the base reuse plan and the Redevelopment Plan and with legal counsel. Upon acceptance of such contracts, the Agency shall approve a budget for the payment of all anticipated amounts to be paid pursuant to
said contracts have been fully performed.
such contracts until
The Agency hereby
deems such previously executed contracts to have been necessary for the adoption of the Redevelopment Plan and approves payment for the professional services performed pursuant to such contracts. The Agency also agrees to pay to the County all costs incurred by the County in preparation for the base reuse plan, this Agreement and the Redevelopment Plan, provided such costs represent additional expenses to the County which would not have been incurred but for the effort to create the base reuse plan, -15-
Packet Pg. 56
this Agreement and the Redevelopment Plan all in connection with the Norton Air Force Base. The Agency shall have the obligation to reimburse the County solely from Tax Increment Revenues attributable to the Project Area for the costs paid or incurred by the County. Such reimbursement payments shall commence at such time as Tax Increment Revenues generated from the Project Area are available for the purposes of such reimbursement and shall continue until all amounts plus interest thereon have been reimbursed to the County. Such reimbursements shall be made periodically on a pro rata basis and installments shall be in such amounts as funds are available for such reimbursement so that, to the extent financially possible, all amounts plus interest thereon shall be reimbursed to the County within a three-year period. The reimbursement obligation shall only pertain to actual verifiable costs paid or incurred by the County, with interest thereon at the rate of seven and fivetenths percent (7.5%) per annum on the outstanding principal balance calculated for the period of time from which the County expended funds until the date of full reimbursement of such principal amount plus interest thereon. To the extent any unreimbursed amounts remain outstanding at the end of three (3) years from the date expenses were incurred, such obligation for reimbursement shall continue until the County has been reimbursed in full. The Agency shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement.

None of the officers, agents or employees directly
employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any Member or, by reason of their employment by the Board, to be subject to any of the requirements of the Members. The Board may, however, elect to utilize the employment and benefit system of any Member with the written concurrence of such Member as the employment and benefit system for Board and Agency employees. The Agency shall adopt a conflict of interests code which shall pertain to all -16-
Packet Pg. 57
Board Members and all officers, officials and employees of the Agency as shall be designated therein.
section 3.05 Assistant Officers. The Board may appoint
such assistants to act in the place of the Secretary or other Board appointed positions (other than any Board Member) as the Board shall from time-to-time deem appropriate.
section 3.06 Fiscal Review. The Agency in accordance
with Health and Safety Code section 33320.5 shall cause the formation of a fiscal advisory committee (the "Fiscal Advisory Committee") for the purposes of advising the Agency of any fiscal impacts suffered, or to be suffered, by any taxing agencies with territory located within the Project Area which fiscal impacts are caused by, or attributable to, the adoption of the
Redevelopment Plan, or an amendment thereto. Each Member shall, during the Redevelopment Plan adoption process, or the amendment process if necessary, commit the services of its fiscal officer or treasurer to participate on the Fiscal Advisory Committee for the purposes set forth herein. Said Fiscal Advisory Committee shall meet on a regular basis with any affected taxing entities and shall convene on a monthly basis, or more frequently as may be deemed necessary, in order to adequately analyze and advise on any fiscal impacts associated with the adoption of the
Redevelopment Plan, or an amendment thereto. Such Fiscal Advisory Committee shall present its findings and recommendations to the Agency regarding any fiscal impacts to affected taxing agencies for consideration by the Agency.
section 3.07 Technical Advisory Committee. Each of the
Members shall commit the services of its city manager, chief executive officer or redevelopment director to serve on a technical advisory committee (the "Technical Advisory Committee") to be formed by the Agency. The Technical Advisory Committee shall meet regularly with the staffs of each of the Members to informally discuss issues and concerns regarding the
-17-
Packet Pg. 58
Redevelopment Plan adoption process and Redevelopment Plan amendment process, if applicable.

ARTICLE IV
POWERS
section 4.01. General Powers. The Agency shall exercise, in the manner herein provided, the powers common to each of the Members which are necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.03.

As provided in the Act, the Agency shall be a public
entity separate and apart from the Members. The jurisdictional boundaries of the Agency for which the Agency shall exclusively exercise powers of a redevelopment agency shall be the Project Area as may be initially adopted and any amendments thereto. All Tax Increment Revenues, investment earnings and other income accruing to the Agency shall be available for use by the Agency in a manner consistent with this Agreement. The Agency shall have the power to redevelop Norton Air Force Base and the properties which are adjacent and in proximity thereto and assist in the elimination of blight by expending moneys for
redevelopment purposes in order to cause the redevelopment of the Project Area in a manner consistent with the Law.
section 4.02. Specific Powers. The Agency is hereby
authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers only in accordance with the Law, the Act and other applicable laws of the State, including but not limited to, any or all of the following:
(a) to make and enter into contracts pertaining to the
redevelopment of the Project Area subject to the limitations set -18-
Packet Pg. 59
forth in Section 4.03 hereof;
(b) to employ agents or employees;
(c) to acquire or dispose of land or building sites;
(d) to provide financing assistance to encourage
development;
(e) to improve land or building sites through the
acquisition, installation and improvement of on-site or off-site Public improvements;
(f) to donate land to private or public persons or
entities;
(g) to incur debts, liabilities or obligations, and to
issue bonds, notes, warrants or other evidence of indebtedness; (h) to acquire, construct, manage, maintain, lease and
operate buildings, works or improvements, both public and private as may be permitted by the Laws of the State;
(i) to acquire, rehabilitate and dispose of buildings
or structures;
(j) to provide relocation assistance;
(k) to assist in the development of housing for the
benefit of, low- and moderate-income households and to provide subsidies in connection therewith;
(1) to apply for, receive and utilize grants and loans
from federal or state government or any other source;
(m) to enter into agreements with the united States of
-19-
Packet Pg. 60
America or any agency or department thereof to determine the interim use and disposition of the Norton Air Force Base property;
(n) to develop financing plans, pay the principal and
interest on bonds, loans, advances or other indebtedness, or pay fin~ncing or carrying charges;
(0) to sue and be sued in its own name;
(p) to carry out and enforce all the provisions of this Agreement;
(q) to acquire, own, lease and operate an airport
facility, including any wastewater treatment facility in connection with the Norton Air Force Base property;
(r) to exercise any and all other powers of a
redevelopment agency as may be provided in the Law or the Act as the same exist and as the Law or the Act may hereafter be amended.
section 4.03. Restrictions on Exercise of Powers. The
powers of the Agency shall be exercised in the manner provided by Law and the Act and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of San Bernardino in the exercise of similar powers. Any exercise of the power of eminent domain by the Agency shall require the two-thirds (2/3rds) vote of the Board Members and the concurring two-thirds (2/Jrds) vote of either (i) the city council within whose municipal boundaries the property that is the subject of the eminent domain action is located, or (ii) the Board of Supervisors of the County in the event the property that is the subject of the eminent domain action is located within the unincorporated area of the County.
-20-
Packet Pg. 61
Section 4.04. Redevelopment Projects/Priorities. The
Agency shall maintain two (2) priority lists for projects to be undertaken by the Agency with Agency Tax Increment Revenues. The first list shall be job generating and blight elimination projects that comply with certain criteria to be established by the Agency, and the second list shall include
that can be legally undertaken by the Agency.
any other project
A Member of the
Agency may propose projects within the Member's territory and the Agency itself may propose projects, subject to the limitations set forth herein.
with respect to Member proposed projects within the
territory of such Member, each Member by official action of its city councilor Board of supervisors, as appropriate, must approve such projects. All such Member proposed projects shall be prioritized on an ongoing basis by a majority vote of the Board Members and such projects shall be placed on either the "job generating/blight elimination" list or the "other project" list. All such approved projects on both priority lists will be undertaken by the Agency as funds are available to the Agency for such purpose. The designation of projects for either priority list and the actual prioritization of projects on the respective lists shall require a majority vote of the Board Members. The initial authorization to proceed with the implementation of such specific projects by the letting of contracts or the
appropriation of funds shall require a majority vote of the Board Members. A Member by official action of its governing body may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Agency.

A Member may carry out within a Project Area any
activity which may legally be undertaken by the Member which does not involve the expenditure of Agency funds, and no approval of the Agency shall be required for such projects.
-21-
Packet Pg. 62
In the event the Agency elects to undertake a
development project which requires the expenditure of Agency Tax Increment Revenues or enter into an agreement for any real property lease, acquisition or disposition, either of which is being proposed by the Agency and not by a Member, the Agency may undertake such development project or real property transaction within the territorial jurisdiction of a Member only upon the approval of the governing body of such Member.

The implementation of any project shall be subject to
ordinary and customary development conditions and criteria, exactions and imposition of mitigation measures as may be determined in the sole discretion of the Member's planning commission, the city councilor Board of Supervisors, as appropriate, and any other advisory boards of the Member within whose territorial jurisdiction such project is proposed to be located.

The Redevelopment Plan shall contain provisions to the
effect that at such time or times as the general plan land use designations may be changed by the legislative body of a Member, the Redevelopment Plan shall be deemed to be automatically modified so that the Redevelopment Plan will at all times be in conformity with the local land use designations of each Member. section 4.05. Obligations of Agency. The debts,
liabilities and obligations of the Agency shall not be the debts, liabilities and obligations of any of the Members unless such Member shall expressly agree in writing to repay such debt, liability or obligation.

ARTICLE V
ASSUMPTION OF RESPONSIBILITIES; APPLICATION OF FUNDS
-22-
Packet Pg. 63
Section 5.01. Assumption of Responsibilities by the
Agency. As soon as practicable after the effective date of this Agreement, notice shall be given in the manner required by section 8.01 of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.07 and elect the Co-Chairmen and a ViceChairman and appoint the Secretary and Treasurer. section 5.02. Delegation of Powers. Each of the Members hereby delegates to the Agency the power and duty to undertake such actions as may be necessary to carry out the intent of this Agreement to the extent permitted by this Agreement and by law. section 5.03. Creation and Application of Funds. The
Members agree that the Redevelopment Plan for the Project Area and the ordinance adopting such Redevelopment Plan shall contain a provision requiring that Tax Increment Revenues attributable to the project Area in accordance with Health and Safety Code section 33670(b) shall be allocated for Agency use from each Member's percentage share of the one percent (1%) tax rate as follows: (i) each Member which is a incorporated city (the "City Member") shall have allocated for Agency use one-half (1/2) of their percentage share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property located within their municipal boundaries of the Project Area; (ii) the County shall have allocated for Agency use onehalf (1/2) of the County General Fund share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property which is within County unincorporated areas of the Project Area as of the effective date of this Agreement. Upon annexation of any such County unincorporated property into the municipal boundaries of a City Member, both the county and such City Member agree that the property taxes represented by fifty percent (50%) of their respective percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use, or such greater percentage figure as may -23-
Packet Pg. 64
be necessary to make the combined City Member or County allocation in such annexed territory at least equal to the amount of Tax Increment Revenues allocated for Agency use as Tax Increment Revenues from the County General Fund immediately Prior to such annexation. Upon annexation of any such County
unincorporated property into the municipal boundaries of a city that is not a Member, the County agrees that the property taxes represented by fifty percent (50%) of its percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use.

The Agency may not receive or use any Tax Increment
Revenues attributable to the percentage share of a Member from the one percent (1%) property tax rate in excess of the amount required to be allocated for Agency use herein without the expressed written approval of the affected Member. The Agency may not receive or use any Tax Increment Revenues from the percentage share of the one percent (1%) property tax rate attributable to all special districts governed by the Board of Supervisors (including the County Flood Control District), the County superintendent of Schools and the County Free Library without the express written approval of the County.

The Agency shall authorize the filing of a validation
action as permitted by Health and Safety Code section 33500, et seq., for the purpose of determining the legality and validity of all proceedings taken for or in any way connected with the establishment of the Agency and its authority to transact business and to exercise its powers. Such validation action shall, in addition to other matters as may be validated thereunder, specifically address the matters set forth in this section 5.03 and determine (i) the validity of the Agency designation as Tax Increment Revenues of less than all of the property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code section 33670(b) attributable to the property tax rate of a Member and (ii) the validity of -24-
Packet Pg. 65
causing the remittance of the remaining portion of such property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code Section 33670(b) attributable to the property tax rate of a Member that are not designated as Tax Increment Revenues to the respective Members as the proceeds of taxes for deposit and use by each respective Member as general fund revenues.
section 5.04. Unexpended Funds. Any unexpended funds
on deposit with the Agency and any direct or indirect moneys received or earned by the Agency shall, upon termination of this Agreement or upon the dissolution of the Agency, be distributed to the respective Members in proportion to each Member's contribution to the total allocation of Tax Increment Revenues to the Agency from all Members up to the time of such termination or dissolution.
section 5.05. Member Contributions. Nothing contained
in this Agreement shall preclude any Member or New Member from contributing or advancing any legally available funds, moneys or revenues of any such Member or New Member all as provided in section 6504 of the Act. Any contribution or advance to the Agency by a Member or New Member in furtherance of the purpose of this Agreement shall be made only upon agreement by and between the Agency and the Member or Members and the New Member or New Members, as applicable, seeking to or being requested to make such contribution or advance to or for the benefit of the Agency.

ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
section 6.01. Accounts and Reports. The Treasurer
shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of -25-
Packet Pg. 66
the Agency shall be open to inspection at all reasonable times by representatives of the Members and the Board Members. As soon as practicable after the close of each Fiscal Year, the controller shall give a complete written report of all financial activities for such Fiscal Year to the Board Members and the Members, and the Agency shall cause an audit to be conducted by an independent certified public accounting firm, as provided in Section 3.02 hereof. The final audit shall be distributed to each Member, to each Board Member and to each member of the Technical Advisory committee.
section 6 . 02. Disbursements. The Agency shall make
disbursements required by this Agreement or carry out any of the provisions or purposes of this Agreement in accordance with policies and procedures as may be established by the Board. section 6.03. Annual Budget and Administrative
Expenses. Prior to July 1st of each year, the Board shall adopt an annual budget for all Agency expenses which budget shall include Agency administrative expenses, capital expenditures and debt repayments for both public improvement projects and other redevelopment activities.

ARTICLE VII
TERM
section 7.01. Term. This Agreement as originally
approved has become effective on January 24, 1990. This Agreement shall continue in effect for a term of years not less than the duration of the Redevelopment Plan or the term of any agreements entered into with the State or federal government or any agency or department thereof unless terminated by the mutual consent of the Members on an earlier date; provided, however, -26-
Packet Pg. 67
that this Agreement shall not be terminated by the mutual consent of the Members if (i) such termination would impair any contractual arrangement between the Agency and third parties, or (ii) the Agency has previously issued bonds, notes or other forms of indebtedness to undertake any purposes of the Agency; unless, however, any such obligations have been paid in full or assumed in full by any Member or Members independently or by another governmental entity as maybe permitted by the laws of the state. section 7.02. Disposition of Assets. Upon termination
of this Agreement, all property of the Agency, both real and personal, shall be divided among the Members in the same manner as provided for in section 5.04 hereof.

ARTICLE VIII

MISCELLANEOUS PROVISIONS
section 8.01. Notices. Notices hereunder to any Member
shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United states mail, postage prepaid, return receipt requested, or by fax, facsimile or telecopier transmission to the principal office of the Members as each Member may determine to be its address for the receipt of notices pursuant to this Agreement. Notice shall be deemed to have been given for purposes of this Agreement upon receipt if by either messenger or registered or certified united states mail and upon transmission by the party giving notice if by fax, facsimile or telecopier transmission.
section 8.02. section Headings. All section headings
in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provisions of this Agreement.
-27-
Packet Pg. 68
Section 8.03. Law Governing. This Agreement is made in
the State under the constitution and laws of the State and is to be so construed.
section 8.04. Amendments. This Agreement may be
amended at any time, or from time-to-time, by one or more supplemental agreements approved by official action of the respective city councils or Board of supervisors, as appropriate, and executed by all of the Members who are then parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose including without limitation the addition of New Members and any other public agencies heretofore or hereafter created, in furtherance of the purposes of this Agreement.
section 8 . 05 . Enforcement by Agency. The Agency is
hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. section 8.06 . Severability. Should any part, term or
provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
section 8.07. Successors. This Agreement shall be
binding upon and shall inure to the benefit of the successors of the respective Members. None of the Members may assign any right or obligation hereunder without the written consent of the other Members.

Section 8.08 . Executed counterparts. This Agreement
may be executed in original counterparts by each Member executing their respective signature page upon approval by the governing -28-
Packet Pg. 69
body of each Member of a conformed copy of both this Agreement and Exhibit "A" prior to the obtaining of all executed signature pages to this Agreement from the other Members of the Agency.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunder duly authorized and their official seal to be hereto affixed, on the day and year set opposite the name of each of the parties.
-29 -
Packet Pg. 70
( SEAL)
ATTEST:
-""'~~<L4'¢=~""" I.u.~~«--__ /-
city Clerk
Approved as to Form:

C ty Attorney
CITY OF SAN BERNARDINO, C ·I:;TFORNIA
Title:
-30-
Packet Pg. 71
(SEAL)
A'fTEST:
city Clerk
Approved as to Form:

City Attorney

CITY OF COLTON, CALIFORNIA
BY~":::::"'_~~~.u...:,;~~~~~
Title: I-1A.YOR,
-31-
Packet Pg. 72
(SEAL)
ATTEST:
& "",,4 ) 1zz?a ~ i2 /!:z7PtCity Clerk
Approved a s to Form:
city Attorney

CITY OF LOMA LINDA, CALIFORNIA
Title: MAYOR
- 32 - Packet Pg. 73
Approved as to Form:

COUNTY OF SAN BERNARDINO
By:

Title: Vlot CHAIRMAN , BOARD OF SUPERVISORS
FEB 1 2 1990
SIGNED AND CrATIFlEO THAT A Cr?~ Of THIS
OOCUI'1ENT liAS BEEN DElIIJf.Rto TO 1 rlE C\lAIR,
MAN Of '[HE
>Af~1 rd >llOA'['
-33-
Packet Pg. 74
EXHIBIT "A"
Territory to be included by each Member for consideration in the formation of the project Area as provided in section 2.03 of the Agreement is all territory within the Preliminary Survey Area Boundary as shown on the map portion of this Exhibit "A", exclusive of all existing redevelopment project areas and proposed redevelopment project areas for which a boundary map and legal description have been filed by the appropriate Member with the State Board of Equalization, and exclusive of all territory listed in the Attachment to Exhibit "A". Except for such exclusions, the territory within the Preliminary Survey Area Boundary shall include both (i) all incorporated areas of a Member, if such Member is a municipal corporation and (ii) all unincorporated areas of the County of San Bernardino.
-34-
Packet Pg. 75
~-~ -- - --------- --
o
z
::i
z
Ico
I
X
UJ
o
m
I
m
I
'"
Packet Pg. 76
(

ATTACHMENT TO EXHIBIT A
EXCEPTING therefrom the following described property in the Cities of San Bernardino and Highland and unincorporated area in the County of San Bernardino:

PARCEL NO. 1
All of that certain property lying North of the centerline of Mill Street, South of the centerline of Poplar Street, East of the centerline of Mt. Vernon Avenue and West of the East line of Eureka Street.

PARCEL NO.2:

All of that certain property lying North of the centerline of Esperanza Street and it's Westerly prolongation, South of the centerline of Mill Street, East of a line which is parallel with and 150 feet West of the centerline of "K" Street and West of the East line of "J" Street.

PARCEL NO.3:

All of that certain property lying North of the centerline of 5th Street, South of a line which is parallel with and 300 feet North of the North line of 6th Street, East of the East line of Mayfield Avenue and it's Northerly prolongation and West of the East line of Mt. View Avenue.

PARCEL NO.4:

All of that certain property lying North of a
300 feet South of the South line of 9th Street,
centerline of 10th Street, East of the centerline
and West of the centerline of Mt. View Avenue .

PARCEL NO.5:
line which is
South of the
of "D" Street
All of that certain property lying North of the centerline of Kingman Street, South of the centerline of 6th Street, East of the Westerly boundary of the Joint Powers Authority and West of the centerline of Cabrera Avenue.

Page )5
"
February 12, 1990
Packet Pg. 77
PARCEL NO.6:

All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of the Atchison, Topeka and Sante Fe Railroad right-of-way, South of a line which is parallel with and 800 feet South of the south line of Pioneer Street, Easterly of the Northerly right-of-way line of the Santa Ana River and West of the centerline of Gage Street and its Northerly and Southerly prolongation.

PARCEL NO.7:

All of that certain property lying North of the centerline of 6th Street, South of the centerline of Vine Street and its Westerly prolongation, East of the centerline of Elm Street and West of a line which is parallel with and 800 feet East of the East line of Sterling Avenue in the Cities of San Bernardino and Highland.

PARCEL NO.8:

All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of 7th Street and its Westerly prolo ngation, South of a line which is parallel with and 200 feet North of the North line o f Vine Street and its Westerly prolongatio n , East of a line whic h is parallel with and 200 feet West of the c enterline of Tippecano e Av enue and East of the centerline of Fairfax Lane and its Northerly and Southerly prolongation in the cities of San Bernardino and Highland.

PARCEL NO.9:

All of that certain property lying North of the centerline of San Bernardino Av enue and its Westerly pro longation, South of the centerline of the Santa Ana Ri ver, East o f a line which is parallel with and 300 feet West o f the cente rline of Tippecanoe Avenue and West of a line which is parallel with and 1100 feet East of the centerline of Tippecanoe Avenue.

Page. 36 ,
February 12, 1990
Packet Pg. 78
Packet Pg. 79
Packet Pg. 80
Packet Pg. 81
Packet Pg. 82
Packet Pg. 83
Packet Pg. 84
Packet Pg. 85
Packet Pg. 86
Packet Pg. 87
Packet Pg. 88
Packet Pg. 89
Packet Pg. 90
Packet Pg. 91
Packet Pg. 92
Packet Pg. 93
Packet Pg. 94
Packet Pg. 95
Packet Pg. 96
Packet Pg. 97
Packet Pg. 98
Packet Pg. 99
Packet Pg. 100
Packet Pg. 101
Packet Pg. 102
Packet Pg. 103
Packet Pg. 104
Packet Pg. 105
Packet Pg. 106
Packet Pg. 107
Packet Pg. 108
Packet Pg. 109
Packet Pg. 110
Packet Pg. 111
ATTACHMENT 1

CURRENT JOINT POWERS AGREEMENT
1 8
Packet Pg. 112
2 9
Packet Pg. 113
3 10
Packet Pg. 114
4 11
Packet Pg. 115
5 12
Packet Pg. 116
6 13
Packet Pg. 117
7 14
Packet Pg. 118
8 15
Packet Pg. 119
9 16
Packet Pg. 120
1017
Packet Pg. 121
1118
Packet Pg. 122
1219
Packet Pg. 123
1320
Packet Pg. 124
1421
Packet Pg. 125
1522
Packet Pg. 126
1623
Packet Pg. 127
1724
Packet Pg. 128
1825
Packet Pg. 129
1926
Packet Pg. 130
2027
Packet Pg. 131
2128
Packet Pg. 132
2229
Packet Pg. 133
2330
Packet Pg. 134
2431
Packet Pg. 135

BYLAWS OF THE INTERAGENCY COUNCIL ON HOMELESSNESS
San Bernardino County Homeless Partnership
Interagency Council on Homelessness

BY-LAWS
Adopted March 22, 2010
Amended August 15, 2018
Amended August 28, 2019
A Continuum of Care is a community plan to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self-sufficiency. The mission of the San Bernardino County Homeless Partnership is to provide a system of care network that is inclusive, well planned, coordinated, evaluated and accessible to all who are homeless or at-risk of being homeless.

Article I
Purpose
The Interagency Council on Homelessness (“ICH”) is a vital component of the San Bernardino County Homeless Partnership (“Partnership”). The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County (“10-Year Strategy”). The ICH will focus on resource development to ensure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”).

Article II
Vision
Provide leadership in creating a “comprehensive countywide network” of service delivery for the homeless population. Identify families and individuals at-risk of homelessness and circumstances leading to homelessness through facilitation of better communication, planning, coordination, and cooperation among all entities that provide services and/or resources for the relief of homelessness in the County of San Bernardino in a united effort to eliminate homelessness county-wide.

Article III
Duties
Packet Pg. 136
2 The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH.

The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County on a regional basis in order to carry out implementation activities and will develop resources to ensure the funding of homeless projects and 10-Year Strategy recommendations.

As the oversight board of the CoC, the ICH duties are:

1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including:
a. The operation and oversight of the local CoC;
b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area;
ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead;
iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS.
iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements;

2. To represent the relevant organizations and projects serving homeless subpopulations;

3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community;

4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations;

5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process;

6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and

7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.

Article IV
Membership
Packet Pg. 137
3 A. ICH Membership Composition
The membership of the ICH shall be broadly based with representation from all sectors of the community, including but not limited to: homeless service providers, representatives of federal, state and local government, corporations, and concerned individuals. Due to the large size of San Bernardino County (22,000+ square miles) and to encourage collaboration among members, representation on ICH will be on a regional basis. The regions will be as follows:

West Valley Region: Encompasses the cities of Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, Upland, and the surrounding unincorporated communities.

Central Valley Region: Encompasses the cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa, and the surrounding unincorporated communities.

East Valley Region: Encompasses the cities of Needles, Twenty-nine Palms, Yucca Valley, and the surrounding unincorporated communities.

Desert Region: Encompasses the cities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and the surrounding unincorporated communities.

Mountain Region: Encompasses the city of Big Bear and the unincorporated communities which include Blue Jay, Cedar Glen, Cedarpines Park, Crestline, Forest Falls, Green Valley Lake, Lake Arrowhead, Rim Forrest, Running Springs, Skyforest, Sugarloaf, and Twin Peaks.

A member whose service area covers more than one Region shall designate a Region as their primary service area. Members may participate in meetings and activities outside of their designated Region, but may only hold the office of Regional Representative in their designated Region

The ICH membership shall be composed of no more than 19 members.

1. Two (2) members from the San Bernardino County Board of Supervisors or designee;

2. City Representative (West Valley Region)

3. City Representative (Central Valley Region)

4. City Representative (East Valley Region)
Packet Pg. 138
4 5. City Representative (Desert Region)

6. City Representative (Mountain Region)

7. San Bernardino County Law & Justice Group

8. San Bernardino County Superintendent of Schools

9. Deputy Executive Officer, Community Development & Housing Agency

10. Assistant Executive Officer of Human Services

11. Director of the Department of Behavioral Health

12. Director of the Housing Authority of San Bernardino County

13. Homeless Provider Network (West Valley Region)

14. Homeless Provider Network (Central Valley Region)

15. Homeless Provider Network (East Valley Region)

16. Homeless Provider Network (Desert Region)

17. Homeless Provider Network (Mountain Region)

18. Homeless or Formerly Homeless Individual
City Representatives will be selected by the City Selection Committee of San Bernardino County (Government Code 50270 et. Seq.). Should a city seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members. City representatives are not required to be council members but must be at the level of a department director or higher.

The HPN Chair will automatically serve as the delegate member from his/her region.

Should a HPN regional seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members.

Regional representatives will also participate in their respective regional subcommittee.

B. Membership Application and Approval Process
Solicitation for ICH membership applications for unfilled positions shall begin no less than eight weeks after the vacancy of an individual ICH member. The Office of Homeless Services (OHS) on behalf of the ICH shall circulate a “Call for Applications” to the appropriate organization or parties. The “Call for Applications” will set forth the criteria for appointment to the ICH, and will set the deadline for the receipt of said applications. Applications must be accompanied by a Letter of Recommendation from the sponsoring ICH Member agency or organization or an individual Member of the ICH.

Directors listed in Article IV, section A, and elected officials, which have been designated to sit on the ICH by a local government agency listed in Article IV, section A, shall become a member of the ICH by reason of their position without application. Designees, recommended in lieu of the above listed individuals, must comply with the application process.

Packet Pg. 139
5 The ICH will establish an ad-hoc Application Review Committee as needed to review applications and develop a screening process. The Application Review Committee will recommend candidates for appointment to the ICH after reviewing the applications. The OHS shall prepare a synopsis of the recommended applicant’s qualifications for the ICH. OHS shall forward the recommendations and synopses to the ICH no later than two (2) weeks prior to the next regularly scheduled meeting at which the approval of new members will occur.

C. Membership Terms of Service
Once appointed to the ICH, Members shall serve an unlimited term unless the relationship is terminated pursuant to the terms of Article IV of these Bylaws.1 .

D. Membership Responsibilities
All Members are expected to attend meetings. Member absences will be noted in the minutes. Other responsibilities may include:

1. Providing oral and/or written comment on issues being discussed by the ICH;

2. Assisting in the development and implementation of task forces, subcommittees and/or committees necessary to conduct the business of the ICH;

3. Supporting and participating in training, summits, and activities sponsored by the ICH;

4. Active participation in the annual Point-in-Time Count;

5. Reviewing and commenting on documents, such as those concerning the Continuum of Care Homeless Assistance Grant funding; and

6. Providing regular reports and updates regarding ICH activities and progress back to member agencies (i.e., inclusion of ICH agenda and minutes in the agency’s official public records).

E. Membership Voting

1. A Member representing more than one Agency or Office shall receive only one vote.

2. A Member shall designate one representative to vote on behalf of the Member and may establish one alternate to vote in the absence of the designated representative.

F. Membership Vacancies

1. ICH membership ends when:

At least ninety (90) days notice shall be given unless otherwise mutually agreed.

Packet Pg. 140
6 a. A Member resigns or is unable to serve for justified reasons; or b. A Member is deemed inactive by the ICH upon the relevant facts that have been presented; or
c. A Member is replaced by the sponsoring agency or organization; or d. A Member is terminated by a majority of the ICH for just cause:
i. Charged with a crime that would subject the Member to debarment, suspension, disqualification or other exclusion from participating in a federally funded transaction pursuant to federal law.
ii. Unprofessional behavior.
iii. Violation of these bylaws.
iv. Conduct prejudicial to the best interests of the ICH; v. Lack of participation in three (3) consecutive ICH meetings without prior ICH approval. vi. Just cause as defined by the majority of the ICH.

2. Termination of an individual’s membership does not terminate the sponsoring agency or organization’s representation of the ICH.

3. If a Member representative who has been duly notified of ICH meetings misses three meetings within a one-year period, the Chair shall formally and in writing contact the Member requesting a written response of the ability of the Member’s representative to continue participation in the ICH.

If a written response acceptable to the Chair is not received within 30 calendar days, then the Chair may ask that a new representative be designated.

Article V
Officers
The ICH shall elect from among its Members a Chair and Vice Chair. Each officer shall serve for a term of two (2) years commencing October 1 and ending September 30 of the second year.

A. Selection of Officers
Officers shall be nominated by the membership and elected to office by a majority vote of the Members present at a meeting in which a quorum has been established.

B. Duties of Officers

1. The duties of the Chair shall include:
a. Provide oversight, direction and leadership to the ICH. b. Conduct and facilitate ICH Meetings.
c. Coordinate agenda setting with the Office of Homeless Services (OHS).

Packet Pg. 141
7 d. Appoint Committee Chairs.

2. The duties of the Vice Chair shall include:
a. Perform all of the Chair’s duties in the absence of the Chair, unless the Bylaws of the ICH provide otherwise.
b. Perform other duties as requested.

Note: In the absence of the Chair and the Vice-Chair a staff member of the Office of Homeless Services shall chair the meeting(s).

Article VI
Vacancies of Officers
Should the office of Chair become vacant prior to the end of the present term, the Vice-Chair shall complete the term of office. The position of the Vice-Chair shall be filled by a special vote at the next regular ICH meeting.

Article VII
Meetings
A. Regular Meetings
Regular meetings of the ICH shall be held at least bi-monthly at a time and date determined by the Members, or as modified by a majority vote of the Members at any regular meeting where a quorum has been established.

B. Special Meetings
A special meeting may be called at any time by the Chair, or at the request of the majority of the Members, by delivering personally or by mail or electronically written notice of the date and purpose of the meeting to each Member 48 hours before the time specified in the notice.

C. Governing Rules
Meetings shall be conducted in accordance with the provisions of the Brown Act (Government Code, section 54950, et seq.) and under Robert’s Rules of Order. Each member will be provided with a copy of Roberts Rules of Order at installation.

Article VIII
Quorum
Packet Pg. 142
8 8/28/19
One half of the Members in good standing, plus one, shall constitute a quorum for the transaction of business.

The affirmative votes of at least a majority of the Members constituting a quorum at a duly scheduled meeting shall be required to take any action.

A member in good standing is a Member of the ICH who has met membership and attendance requirements.

Article IX
Agenda
The agenda for the regular meetings shall be prepared in consultation with the ICH Chair and distributed by OHS to each Member at least seven (7) calendar days prior to the meeting. The agenda should be accompanied by agenda support materials and shall be posted per the Brown Act requirements.

Article X
Agenda Deadline
All matters to be considered for the agenda must be submitted to the OHS at least fourteen (14) calendar days prior to the meeting.

Article XI
Minutes
Minutes shall be taken and distributed by the Office of Homeless Services, or designee. The Chair, and/or the Office of Homeless Services shall review and preliminarily approve the minutes prior to distribution. Minutes shall normally go out with the agenda for approval at the next meeting.

Article XII
Amendments
These bylaws may be amended by a two-thirds vote of the Members present at a meeting in which a quorum has been established in compliance with Robert’s Rules of Order. _________________________________________________________________________________________________________________

CERTIFICATE OF OHS
I certify that the above bylaws, consisting of eight (8) pages, including this page, are the bylaws of this body as amended by the Members.

Date: By:

Tom Hernandez - Office of Homeless Service
Packet Pg. 143
9 APPENDIX A
Packet Pg. 144
10 APPENDIX B
Packet Pg. 145
UPDATED MAY 5, 2022

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
BYLAWS
Packet Pg. 146

Page 1 of 31 ends

BYLAWS

THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Preamble
The Southern California Association of Governments (hereinafter referred to as either the “Association” or “SCAG”) is an agency voluntarily established by its Members pursuant to the Joint Exercise of Powers Act for the purpose of providing a forum for discussion, study and development of recommendations on regional challenges and opportunities of mutual interest and concern regarding the orderly physical development of the Southern California Region among units of local government.

ARTICLE I ‐ FUNCTIONS
The functions of the Association are:

A. Exchange of objective planning information. Making available to Members plans and planning studies, completed or proposed by local governments, Tribal Governments, or thoseof State or Federal agencies, which would affect local governments.

B. Identification and study of challenges and opportunities requiring objective planning by jurisdictions in more than one (1) county in the Southern California area and the making of appropriate policy or action recommendations.

C. Review and/or develop governmental proposals. Review and/or develop proposals creating agencies of regional scope, and the making of appropriate policy or action recommendations concerning the need for such units or agencies.

D. Consider questions of common interest and concern to Members of the Association in the region and develop policy and action recommendations of an advisory nature only.

E. Act upon any matter to the extent and in the manner required, permitted or authorized by any joint powers agreements, State or Federal law, or the regulations adopted pursuant to any such law.

F. Assist local Association Members in the acquisition of real and personal property convenientor necessary for the operation of Members by entering into such financing agreements as are necessary to accomplish the pooling and common marketing ofsuch agreements or certificates of participation in orderto reduce the costto Members ofthe acquisition ofsuchreal or personal property.

G. Undertake transportation planning programs and activitiesin accordance with theAssociation’s responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq., and as may be amended from time to time.

Packet Pg. 147

Page 2 of 31 ends

ARTICLE II – DEFINITIONS
A. Advisory Member or Advisory Member of the Association, as used in these Bylaws, means a federally recognized Indian Nation within the SCAG Region, as defined below, that is significantly involved in regional problems or whose boundaries include territory in more than one county and that has paid its annual dues assessment.

B. Alternate, as used in these Bylaws, means either the mayor or a member of the legislative body of amember city, orthe chair ofthe Board of Supervisors or a member ofthe legislative body of a member county who has been appointed by a Member of the Association to servein an official capacity for all matters at a meeting of the General Assembly but only in the absence of the Official Representative of the member city or county. An Advisory Member of the Association may also appoint an Alternate to serve in the absence of the Official Representative of the Advisory Member.

C. Association, as used in these Bylaws, means the Southern California Association of Governments as established by that certain Southern California Association of Governments Agreement filed with the California Secretary of State on April 20, 1973, (said Agreement is hereinafter referred to as “Joint Powers Agreement”).

D. Association budget or annual budget or budget, as used in these Bylaws, shall mean the summation and presentation of all general fund revenues obtained by the Association fromdues from Members, Advisory Members, and Regional Council members, and other sources of revenue and a summation and presentation of the costs, expenditures, savings and reserve accounts utilizing such revenue but specifically excluding all funds and expendituresassociated with specific federal or state funding programs such as the Association’s annual Overall Work Program.

E. Days or days, as used in these Bylaws, means calendar days.

F. General Assembly, as used in these Bylaws, means a meeting of the Official Representativesof the Members and the Advisory Members of the Association.

G. Member, member or Member of the Association, as used in these Bylaws, means a city, county or County Transportation Commission within the SCAG Region, as defined below, that has satisfied the conditions of membership in Article III below.

H. Official Representative, as used in these Bylaws, means (1) the mayor or a member of the legislative body of a member city, or (2) the chair of the Board of Supervisors or a member of the Board of Supervisors of a member county, or (3) the chair or a member of the governing board of a member County Transportation Commission (CTC) within the SCAG Region who has been appointed by a Member of the Association to serve in an official capacity at a meeting of the General Assembly. Official Representatives may also be referredto as “Delegates” of the Association. An Advisory Member of the Association may also appoint anOfficial Representative to serve in an official capacity at a meeting of the GeneralAssembly.

Packet Pg. 148

Page 3 of 31 ends

I. Regional Council Policy Manual, as used in these Bylaws, means that Policy Manual first adopted by the Regional Council on July 12, 2007, and all subsequent amendments and updates approved by the Regional Council. In the event of a conflict between any part of the Regional council Policy Manual and any part of these Bylaws, these Bylaws shall prevail.

J. Regional Council member, as used in these Bylaws, means a Member of the Association or an Advisory Member of the Association or another entity specified in these as used in these Bylaws, means a Member of the Association or anAdvisory Member of the Association or another entity specified in these Bylaws which is able to appoint a voting representative to serve on the Regional Council or whose city council members may participate in the selection of a District representative to serve on the Regional Council,
K. SCAG Region, as used in these Bylaws, means the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura.

L. Voting‐Eligible or voting‐eligible, as used in these Bylaws, describes those Members of the Association, Advisory Members of the Association and Regional Council members who retain all voting rights and who have not had their voting rights suspended as described in Article VIII, Paragraph C.

ARTICLE III – ASSOCIATION MEMBERSHIP AND REPRESENTATION

FOR THE GENERAL ASSEMBLY
A. Membership
(1) All cities and all counties within the area of the SCAG Region are eligible for membership in the Association. In addition, each CTC from the SCAG Region is also eligible for membership in the Association.
(2) Each member county and each member city shall have one (1) Official Representative and one (1) Alternate in the General Assembly, except that the City of Los Angeles, if and while it is a member city, shall have three (3) Official Representatives and three (3) Alternates. Each member CTC shall have one (1) Official Representative in the General Assembly.
(3) Membership in the Association shall be contingent upon the execution of the Joint Powers Agreement and the payment by each member county, member city, or member CTC of each annual dues assessment.
(4) Any federally recognized Indian Nation within the SCAG Region which is significantly involved in regional problems or the boundaries of which include territory in more than one (1) county, shall be eligible for an Advisory Membership in the Association. In addition to selecting Official Representatives and Alternates for the General Assembly, such Advisory Members may collectively select a single representative from the Tribal Packet Pg. 149

Page 4 of 31 ends

Government Regional Planning Board, who shall be a locally elected Tribal Council member from a federally recognized Indian Nation and who shall serveon the Regional Council and may fully participate in the work of committees of the Association contingent upon the payment of the annual dues assessment.

B. Representation in the General Assembly
(1) Only the Official Representative present or the Alternate present in the absence ofthe Official Representative shall represent a Member of the Association or an Advisory Member of the Association in the General Assembly; provided, however, that a member of the Board of Supervisors of a member county may participate in the discussions of the General Assembly.
(2) Except as described herein, the Official Representative in the General Assembly of each member city of the Association, member‐county of the Association and memberCTC of the Association shall be its respective Regional Council representative. Further, and except as described herein, the Official Representative in the General Assembly of an Advisory Member ofthe Association shall be itsrespective representative to theRegional Council.
(3) In the event that a member city of the Association does not have one of its city council members asitsrespective Regional Council representative, or if a member city does not wish to have its Regional Council representative be its Official Representative or Alternate, the member city may appoint as its Official Representative or Alternate a member of its city council who is not a Regional Council representative; provided thatif and while the City of Los Angeles is a member city, the mayor of the City of Los Angeles shall be one of its Official Representatives. Further, in the event that an Advisory Member of the Association does not have one of its Tribal Council membersas its representative to the Regional Council or if the Advisory Member does not wishto have itsrepresentative to the Regional Council be its Official Representative or Alternate,the Advisory Member may appoint a locally elected Tribal Council memberas its Official Representative or Alternate.
(4) In the event that a member county of the Association does not wish to have its respective Regional Council representative be its Official Representative or Alternate, the member county may appoint as its Official Representative or Alternate a memberof the Board of Supervisors who is not a Regional Council representative. (5) In the event that a member CTC of the Association does not wish to have its respective Regional Council representative be its Official Representative, the member CTC may appoint as its Official Representative a member of the CTC Governing Board who is not a Regional Council representative.
(6) Names of allOfficial Representatives and Alternatesshall be communicated in writing to the Association by the appointing city, county, CTC, or Tribal Council at least thirty (30) Packet Pg. 150

Page 5 of 31 ends

days before the annual meeting of the General Assembly. However, the SCAG President or the SCAG Executive Director may waive this deadline, upon the request of an appointing city, county, CTC or Tribal Council, as long as the name or names are communicated in writing to the Association before the opening of the General Assembly.
(7) An Official Representative or Alternate shall serve until a successor is appointed, except if an Official Representative or Alternate ceases to be a member of the appointing legislative body or Tribal Council or cannot serve as an Official Representative or Alternate because of a federal or state statute or regulation or resigns as an Official Representative or Alternate, then the position shall be vacant until a successor is appointed.
(8) All Official Representatives and Alternates shall file Statement of Economic Interest forms and comply with all SCAG policies regarding conflict‐of‐interest, harassment and discrimination.

ARTICLE IV – GENERAL ASSEMBLY
A. Powers and Functions
Subject to Article I, the powers of the General Assembly, shall include the following. (1) The General Assembly shall determine all policy matters for the Association, approve they Bylaws and ratify the election of Officers.
(2) Any Official Representative (or Alternate acting in the absence of the respective Official Representative) may, at any regular meeting of the General Assembly, propose a subject(s) forstudy by the Association provided that the Official Representative (but not the Alternate) has notified the President of the proposal forty‐five (45) days in advance of any regular meeting of the General Assembly. The General Assembly may determine whether a study will be made of the subject(s) proposed, or may refer such subject(s) to the Regional Council.
(3) Any Official Representative (or Alternate acting in the absence of the respective Official Representative) may, at any regular meeting of the General Assembly, requesta review by the General Assembly of any action of the Regional Council which has been taken between meetings of the General Assembly provided that the Official Representative (but not the Alternate) has notified the President of the reviewrequest forty‐five (45) days in advance of any regular meeting of the General Assembly (4) The General Assembly shall review the proposed Association budget and annual dues assessment schedule and shall adopt an annual Association budget and an annual dues assessment schedule.
(5) Any Official Representative (but not an Alternate) who desires to propose any policy Packet Pg. 151

Page 6 of 31 ends

matter for action by the General Assembly shall submit the matter to the Associationin the form of a proposed resolution by a deadline established by the Association, thatis subject to waiver by the SCAG President or Executive Director but which in all casesmust be at least forty‐five (45) days prior to any regular meeting of the General Assembly.

The Bylaws and Resolutions Committee, whose membership and responsibilities are described in Article XI of these Bylaws, shall consider each such proposed resolution, and shall submit its recommendation to the Regional Council. Acopy of each such proposed resolution whose approval is recommended by the Regional Council shall be included in the agenda materials for the regular meeting ofthe General Assembly.

B. Meetings
(1) A regular meeting of the General Assembly shall be held once a year. Special meetings of the General Assembly may be called by the Regional Council upon the request of the President and with the affirmative votes of a majority of the representatives of voting‐ eligible Regional Council members who are present and voting at a meeting of the Regional Council with a quorum in attendance. Ten (10) days’ written notice of a special meeting shall be given to the Official Representatives and Alternates of each Member and Advisory Member of the Association. An agenda specifying the subject of the special meeting shall accompany the notice.
(2) The time, date and location for meetings of the General Assembly shall be determined by the Regional Council.
(3) Notice of the regular meeting of the General Assembly shall be given to the Official Representatives and Alternates of each Member and Advisory Member of the Association at least twenty‐one (21) days prior to each regular meeting. An agenda for the regular meeting shall accompany the notice. Notice of any changes to the agenda shall be given at least ten (10) days prior to the regular meeting. (4) The General Assembly may adopt rules for its own procedures but any such rules so adopted must be consistent with these Bylaws.

C. Voting
(1) A quorum of the General Assembly shall consist of one‐third of the number of Official Representative positions for voting‐eligible Members of the Association or Advisory Members of the Association. Unfilled Official Representative positions from Voting‐ eligible Members and Advisory Members of the Association will be counted in the determination of a quorum for the General Assembly.
(2) Each Official Representative of a voting‐eligible Member or Advisory Member of the Association shall have one (1) vote. In the absence of the Official Representative, the Alternate shall be entitled to vote. Unless otherwise identified in these Bylaws, an affirmative vote of a majority of the Official Representatives or Alternates of the voting‐ Packet Pg. 152

Page 7 of 31 ends

eligible Members and Advisory Members of the Association present at the General Assembly and voting with a quorum in attendance shall be necessary for theapproval or adoption of any matter presented for action to the General Assembly. (3) Voting may be by voice, displaying voting cards, roll call vote or through the use of an electronic voting system. A roll call vote shall be conducted upon the demand of five (5) Official Representatives or their Alternates present, or at the discretion of the presiding officer.

ARTICLE V – REGIONAL COUNCIL
A. Regional Council Organization: There shall be a Regional Council of the Association which shall be organized as set forth below and which shall be responsible for such functions as are hereinafter set forth:
(1) Membership: The membership of the Regional Council shall be comprised of: one (1) representative from each member county Board of Supervisors, except for the Countyof Los Angeles which shall have two (2) representatives; one (1) representative from the Tribal Government Regional Planning Board, who shall be a locally elected Tribal Council member from a federally recognized Indian Nation within the SCAG Region; one (1) representative from each District (as defined below); the Mayor of the City of Los Angeles serving as an at‐large representative for the City; one (1) city council member or member of a county Board of Supervisors, from the governing boards of each of the six (6) CTCs; one (1) local government elected representative from one ofthe five (5) Air Districts within the SCAG Region to represent all five (5) of the Air Districts; one (1) local government elected representative from the Transportation Corridor Agencies (TCA); one (1) local government elected representative serving as the Public Transportation Representative to represent the transit interests of all of the operators in the SCAG region; and a representative from the private sector appointed by the President to serve on both the Regional Council and the Executive/Administration Committee and who would serve on the Regional Council in an ex‐officio, non‐voting capacity. (a) Districts: For purposes of representation on the Regional Council, Districtsshall be organized and defined as follows:
(1) A Districtshall be established by the Regional Council and generally shall be comprised of a group of cities that have a geographic community of interest and have approximately equal population. In some cases involving cities with large populations, a District will include only one city. A District may be comprised of cities within different counties, but Districts established within a subregion under Article V A (1)(a)(5) of these Bylaws shall include only cities within the boundary of such subregion. Procedures for District representative elections and appointments shall be set forth under the Regional Council Policy Manual.

Packet Pg. 153

Page 8 of 31 ends

(2) In every calendar year ending in 3 or 8, the Regional Councilshall review, and, if it deems necessary, modify or establish District boundaries based upon city population data as most recently available from the State Department of Finance.
(3) Notwithstanding any other provisions of these Bylaws, in the event that District boundaries are changed as a result of a Regional Council review, then any impacted District shall have the option to retain its current District representative until the completion of the District representative’sterm or until a special election is held, no later than two (2) months after final action by the Regional Council, to elect a District representative who shall serve for a term established by the Regional Council. Such special elections shall be held in accordance with the District representative election procedures described in the Regional Council Policy Manual.
(4) If a new city within the SCAG Region is incorporated after Districts have been established or reviewed, the newly incorporated city shall be assigned by the Regional Council, in consultation with any applicable subregional organization, to a District with other cities withwhich it has contiguous borders until such time as District boundaries are again reviewed by the Regional Council.
(5) In any area where a subregional organization has either (1) been formally established under a joint powers agreement pursuant to California Government Code Sections 6500 et. seq. to serve as the subregional planning agency for the general purpose local governments and is not a single‐purpose joint powers authority or a special district entity, or (2) been recognized by action of the RegionalCouncil; and is organized for general planning purposes such as for the purpose of conducting studies and projects designed to improve and coordinate the common governmentalresponsibilities and services onan area‐wide and regional basis, exploring areas of intergovernmental cooperation and coordination of governmental programs and providing
recommendations and solutions to problems of common and general concern, such subregional organization shall make recommendations to establish a District (or Districts) within the boundaries of such subregional area. For purposes of establishing Districts, the subregional organization shall use the description of a District as set forth in Article V A,(1)(a)(1) of these Bylaws. The subregional organization shall have authority to make recommendations to the Regional Council to establish or modify Districts in every year ending in 3 or 8 and shall use city populations as most recently determined by the State Department of Finance.

Packet Pg. 154

Page 9 of 31 ends

(6) The Regional Council shall establish no more than seventy (70) Districts. (b) Regional Council Representation
(1) Every member city of the Association shall have at least one District representative.
(2) CTC, TCA and the Tribal Government Regional Planning Board representatives to the Regional Council shall be appointed by their respective governing boards, and the appointments shall be formally communicated in writing to the Association. The Air District representative shall be determined by the five (5) Air Districts within the SCAG Region, with such determination formally communicated in writing to the Association.
(3) The position of the Public Transportation Representative will rotate among the six CTCs in the SCAG Region, and each CTC in turn will makea two‐year appointment subject to the President’s official appointment.

The Chief Executive Officers of the CTCs may develop additional procedures for the selection process. A representative from the Los Angeles County Metropolitan Transportation Authority shall serve as the initial Public Transportation Representative on the Regional Council. (2) Terms of Office:
(a) Membership on the Regional Council by District representativesshall be for two (2) years except for those District representatives elected through special elections or appointments as described below and in Article V A. above. Terms of District representatives shall commence on the adjournment of theannual meeting of the General Assembly and expire at the conclusion of the second regular meeting of the General Assembly occurring after their terms commence.

If a District representative resigns from his or her position as the District representative or officially ceasesto be a locally elected official, his orher District representative position shall be declared vacant by the President on the effective date of the resignation or the end of the elected official’s locally elected position. Moreover, the President shall immediately declare vacant the position of a District representative if required by federal or state statutes or regulations, or in response to a no confidence vote by a District undertaken in accordance with the Regional Council Policy Manual or becauseof a failure to follow the election or appointment policies contained in the Regional Council Policy Manual. A no confidence vote shall only be undertaken in response to a resolution passed by all cities in the District thatare voting eligible Members of the Association. All such vacancies shall be filled through special elections or new appointments as set forth in theRegional Council Policy Manual. In the case of District representatives elected pursuant to special elections or newly Packet Pg. 155

Page 10 of 31 ends

appointed to fill vacancies, the term shall be for such time as will fill out the remainder of the vacated term.
(b) The terms of District representatives who represent even‐numbered Districts shall be two (2) years and shall expire in even‐numbered years. Terms of District representatives who represent odd‐numbered Districts shall be two (2) years and shall expire in odd‐numbered years.
(c) Representatives to the Regional Council from the counties that are Membersof the Association and from the CTCs, the Tribal Government Regional Planning Board, Air Districts, TCA, and the Public Transportation Representative shall have two (2) year terms, commencing on the date of appointment by the organizations they each representative and expiring two (2) years thereafter. If a representative described in this Article V A. (2)(c) ceasesto be a locally elected official, or if so required by federal or state statutes or regulations, or if his or her appointment is rescinded by the appointing legislative body, his or her position on the Regional Council shall immediately be declared vacant by the President. Such a vacancy on the Regional Council shall be filled by action of the respective county, CTC, the Tribal Government Regional Planning Board, TCA, the five Air Districts in the SCAG Region in the case of the Air District representative, and the CTCs in theSCAG Region with respect to the Public Transportation Representative.
(3) Meetings: Unlessthe Regional Council decides otherwise, itshall generally meet at least once a month. The date, time and location of the Regional Council meetings shallbe recommended by the Executive Director and ratified by the Regional Council. Meetings shall be held upon the call of the President or upon the call of a majority of the members of the Regional Council. The Regional Council may adopt any other meeting procedures as part of the Regional Council Policy Manual.
(4) Duties
(a) Subject to the policy established by the General Assembly, the RegionalCouncil shall conduct the affairs of the Association, approve the Overall WorkPlan (OWP) Budget required by state and federal agencies and any other similar budgets required by funding agencies, and approve the RegionalCouncil Policy Manual and any amendments thereto. The Executive Directoror his designee shall have the authority to make administrative modificationsto the Regional Council Policy Manual to reflect past Regional Council actionswithout the Regional Council’s approval of a formal amendment to the Regional Council Policy Manual. (b) The Regional Council shall review and may amend the proposed annual budget as prepared by the Executive Director. The proposed budget and the assessment schedule, as approved by Regional Council, shall be submitted to the members of the General Assembly at least thirty (30) days before the annual meeting. After the adoption of the annual budget assessmentschedule by the General Assembly, Packet Pg. 156

Page 11 of 31 ends

the Regional Council shall control all Association expenditures in accordance with such budget.
(1) The Regional Council shall have the power to transfer funds within the total budget amount in order to meet unanticipated needs or changed situations. Such action shall be reported to the General Assembly at its next regular meeting.
(2) At each annualmeeting ofthe General Assembly,the Regional Councilshall report on all budget and financial transactions since the previousannual meeting.
(c) The Regional Council shall submit a report of its activities at each regular meeting of the General Assembly.
(d) The Regional Council shall have the authority to appoint, ratify the annual Work Plan of, approve the Employment Agreement of (including all compensation and benefits) and remove an Executive Director of the Association, and shall also have the authority to fix the salary classification levelsfor employees of the Association. (e) The Regional Council shall have the power to establish committees or subcommitteesto study specific problems, programs, and other matterswhich the Regional Council orGeneralAssembly have approved forstudy. TheSCAG President shall appoint all members and all chairs of committees and subcommittees that are established to study such specific problems or programs. At the discretion of the SCAG President, the chair of a Policy Committee may appointthe membership and chair of a subcommittee ofsaidPolicy Committee.
(f) Recommendations from committees for policy decisions shall be made to the Regional Council. The Regional Council shall have the authority to act upon policy recommendations including policy recommendations from the committees, or it may submit such recommendations, together with its comments, to the General Assembly for action.
(g) The Regional Council shall be responsible for carrying out policy decisions made by the General Assembly.
(h) Representatives of Regional Council members serving on the Regional Council may make informational inquiries of the Executive Director or Association executive staff consistent with the official Association duties of such representatives; however, such representatives shall refrain from any actionsor contacts within the Association that would interfere with the powers and duties of the Executive Director.
(i) Allrepresentatives of Regional Council membersserving on the Regional Council shall file Statement of Economic Interest forms and comply with the all SCAG Packet Pg. 157

Page 12 of 31 ends

policies regarding conflict‐of‐interest, harassment, discrimination and other matters as described in the Regional Council Policy Manual. (5) Voting: In the Regional Council voting shall be conducted in the following manner:
(a) Only representatives of the voting‐eligible Regional Council members shall have the rightto vote atmeetings ofthe Regional Council. Proxy votes are not allowed and representatives must be present at a Regional Council meeting in order to cast a vote.
(b) One‐third (1/3) of the total number of representative positions from voting‐ eligible Regional Council members shall constitute a quorum of the Regional Council. The unfilled representative positions of voting‐eligible RegionalCouncil members shall be counted in the determination of a quorum.
(c) The affirmative votes of a majority of the representatives of voting‐eligible Regional Council members voting with a quorum in attendance are required for action by the Regional Council, except asset forth in subsection (d) below. (d) In order to appoint or remove the Executive Director, the affirmative vote of not less than a majority of the total number of representative positions, including unfilled representative positions, of the voting‐eligible Regional Council membersis required.
(e) Each representative from a CTC, the Tribal Government Regional Planning Board, the Air Districts and TCA as well as the Public Transportation Representative shall have the right to vote in the same manner as otherrepresentatives of voting‐eligible Members of the Association serving on the Regional Council. (f) Representatives of voting‐eligible Regional Council members serving on the Regional Council are free to abstain from voting on any issue before the Regional Council. Any abstention does not count as a vote in favor or against a motion. (g) Due to the inability of Regional Council members to review main motions other than those presented as a “recommended action” in a meeting’s agenda material prior to a Regional Council meeting, the President shall not proceed with a vote on a main motion that differs from the “recommended action” in a meeting’s agenda material until the Clerk or counsel hasre‐stated such a motion and an opportunity has been provided to Regional Council members to permit them to deliberate and debate such a motion.
(6) Expenses: Representatives of Regional Council members who serve on the Regional Council shall serve with compensation and shall be reimbursed for the actual necessary expensesincurred by them in the performance of their dutiesfor the Association, to the extent thatsuch compensation and reimbursement are not otherwise provided to them by another public agency, a Tribal Government or the Tribal Government Regional Packet Pg. 158

Page 13 of 31 ends

Planning Board. The Regional Councilshall determine the amount ofsuch compensation and set forth other proceduresfor expensesin theRegional Council Policy Manual.

B. Permanent Committees: For the purpose of developing policy recommendations to the Regional Council, the Regional Council shall establish as permanent committees the “Executive/Administration Committee,” the “Legislative/Communications and Membership Committee” and the three (3) policy committees known asthe “Transportation Committee,” the “Energy and Environment Committee,” and the “Community, Economic and Human Development Committee” (the latter three committees collectively referred to herein as the “Policy Committees”.) In addition, the “Emerging Technologies Committee” is established by the Regional Council to research and identify new and emerging technologies that may play a role in transportation planning.

C. Executive/Administration Committee
(1) Membership: The membership of the Executive/Administration Committee (EAC) shall include the President, First Vice‐ President, Second Vice‐President and Immediate Past‐ President and the President shall serve as the Chair. The EAC shall also include the respective Chairs and Vice Chairs of the Legislative/Communicationsand Membership Committee and the three (3) Policy Committees, the representativefrom the Tribal Government Regional Planning Board serving on the Regional Council,and an additional four (4) representatives of Regional Council members who are appointed by the President. In making the appointments, the President shall ensure that the six (6) counties within the SCAG Region have representatives on the EAC. Inaddition, the representative from the private sector appointed by the President to serve on the Regional Council in an ex‐officio, non‐voting capacity shall also serve onthe EAC in an ex‐officio, non‐voting capacity. Appointments by the President to a position on the EAC shall be for approximate one (1) year terms, and such appointments shall expire upon the adjournment of the next regular meeting of the General Assembly. (2) Meetings: The EAC shall generallymeet atleast once amonth and in accordance withthe Regional Council Policy Manual, exceptthatthe EACmay decide nottomeet uponthe call of the EAC chair after consultation with the Executive Director or his designee. (3) Duties:
(a) Subject to any limitations that may be established by the General Assembly and/or the Regional Council, the EAC is authorized to make decisions and take actions that are binding upon the Association if the President or the Executive Director determine thatsuch decisions or actions are necessary prior to the next regular meeting of the Regional Council.
(b) Subject to the policies of the Regional Council, the EAC shall be responsible for:
(1) developing policy recommendations to the Regional Council on administration, human resources, budgets, finance, operations, Packet Pg. 159

Page 14 of 31 ends

communications, or any other matter specifically referred by the Regional Council; and (2) negotiating and approving an Annual Work Plan with the Executive Director, which shall be subject to ratification by the Regional Council.

The Executive Director’s Annual Work Plan shall be effective the firstday of July of the calendar year. The EAC shall be responsible for performingthe annual evaluation of the Executive Director’s performance and for making recommendations to the Regional Council regarding the Employment Agreement of the Executive Director. The EAC shall complete its annual evaluation of the Executive Director’s performance no later than the regularly scheduled June meeting of the Regional Council.
(c) The powers and duties of the EAC shall include such other duties asthe Regional Council may delegate.
(4) Voting: A quorum shall be one‐third (1/3) of the representatives of the voting‐eligible Regional Council members who are appointed and serving on the EAC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote ofthe majority of the representatives of the voting‐eligible Regional Council members who are appointed and serving on the EAC and voting with a quorum in attendance is required for an action by the EAC except that an affirmative vote of a majority of allof the representatives of the voting‐eligible Regional Council members serving on theEAC when the EAC acting on behalf of the Regional Council is required to make decisions or take actions that are binding upon the Association with regard to the annual budget; the hiring, removal, compensation and benefits of the Executive Director; and the salary classification levels for employees of the Association.

D. Legislative/Communications and Membership Committee
(1) Membership: Representatives of voting‐eligible Regional Council members serving on the Regional Council may serve on the Legislative/Communications andMembership Committee (LCMC). Appointments to the LCMC shall be made by the President for approximate one (1) year terms that expire at the adjournment of the next regular meeting of the General Assembly. The President shall appoint the chairand vice chair of the LCMC. All representatives appointed to the LCMC by the President shall have full voting rights.
(2) Meetings: The LCMC shall generally meet once a month and in accordance with the Regional Council Policy Manual, except that the LCMC may decide not to meet upon the call of the LCMC chair after consultation with the Executive Director or his designee. (3) Duties:
(a) The Legislative, Communications and Membership Committee shall be responsible for developing recommendations to the Regional Councilregarding legislative and telecommunications matters; providing policy direction for the Packet Pg. 160

Page 15 of 31 ends

agency’s marketing communications strategy, outreach issues/materials and electronic communications systems; reviewing sponsorship opportunities whose cost will exceed $5,000; and promoting agency membership. (b) The duties of the LCMC shall include other such duties as the RegionalCouncil may delegate.
(4) Quorum and Voting: A quorum of the LCMC shall be one‐third (1/3) of the representatives of voting‐eligible Regional Council membersserving on the LCMC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of a majority of the voting‐eligible Regional Council members servingon the LCMC and voting with a quorum in attendance is required for an action by theLCMC.

E. Policy Committees
(1) Membership:
(a) The Policy Committees may include as voting committee members the following: representatives of voting‐eligible Regional Council members serving on the Regional Council; one (1) representative from the California Department of Transportation; local government elected representatives from each of the general purpose subregional organizations as established under Article V(A)(1)(a)(5) of these Bylaws; and one (1) representative who is a general purpose local elected official and duly appointed board member from an agency with which the Association has a statutory or Memorandum of Understanding relationship.
(b) The Policy Committees may include ex‐officio (non‐voting) committee members who shall be representatives from regional and subregional single purpose public agencies and other voting and ex‐offico (non‐voting)committee members as approved by the Regional Council.
(c) Representatives of the CTCs, the Tribal Government Regional Planning Board, TCA and the Air Districts serving on the Regional Council as well as the Public Transportation Representative on the Regional Council may be appointed as voting committee members of one of the Policy Committees. (d) All committee members (voting and ex‐officio) of SCAG’s Policy Committees shall be required to file Statement of Economic Interestsforms and comply with all SCAG policies regarding conflict‐of‐interest, harassment, discrimination and other matters as described in the Regional Council Policy Manual. (2) Appointments to Policy Committee:
(a) The President shall appoint all interested and available representatives of Packet Pg. 161

Page 16 of 31 ends

voting‐eligible Regional Council members who serve on the Regional Council to one (1) of the Policy Committees as voting committee members for approximate two (2) year terms that will expire at the adjournment of the second regular meeting of the General Assembly following the appointment.In making such appointments, the President shall, to the extent practicable, appoint an equal number of voting committee members to each Policy Committee taking into consideration regional representation, geographical balance, diversity of views and other factors deemed appropriate by the President.
(b) The President may appoint to one (1) of the Policy Committees as voting committee members representatives of public agencies that have a statutoryor Memorandum of Understanding relationship with SCAG. The representatives shall be appointed for approximate two (2) year terms that will expire at the adjournment of the second regular meeting of the General Assembly following each appointment. All such appointments will be in response to a written request from each of the governing boards of the agencies. Appointments shall be limited to one (1) representative from eachpublic agency. In making such appointments, the President shall consider regional representation. (c) The President shall appoint ex‐officio (non‐voting) committee members to the Policy Committees representing the business sector, labor, higher education and community groups upon the recommendation of one of the respective Policy Committees and approval by the Regional Council. The term of each such ex‐officio committee membershall expire at the adjournment of the nextregular meeting of the General Assembly, however, each such ex‐officiocommittee member may be re‐appointed by a future SCAG President.
(d) The President may appoint to one (1) Policy Committee as a voting committee member one (1) elected representative from each of the subregional organizations described in Article V E.(1)(a) of these Bylaws. Each such appointment shall be for an approximate two (2) year term that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointment.
(e) The President may appoint to the Policy Committees as voting committee members additional local government elected representatives from each of the subregional organizations identified in Article V E.(1)(a) of these Bylaws that has at least four (4) Districts. One (1) additional local government elected representative for each District in excess of three (3) Districts may be appointed by the President. The governing boards of each of the subregionalorganizations shall nominate the additional representatives to be consideredby the President for appointment. In making the appointments, the Presidentshall consider, among other things, regional representation. Each such appointment shall be for an approximate two (2) year term that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointment.

Packet Pg. 162

Page 17 of 31 ends

(f) In addition to the appointment of the representative of the TribalGovernment Regional Planning Board, the President may also appoint, with the consent of the Tribal Government Regional Planning Board, additional representatives to each Policy Committee such that the Tribal Government Regional Planning Board may have two (2) voting committee members on each Policy Committee.

Such representative shall be locally elected Tribal Council members from the federally recognized Indian Nations within the SCAG Region. Each of these additional appointments shall be for approximatetwo (2) year terms that shall expire at the adjournment of the second regular meeting of the General Assembly following the appointments.
(g) In order to facilitate participation by member cities of the Association, the President may make at‐large appointments of local elected officials from cities that are not otherwise represented on a Policy Committee; provided, however, that the President shall only make such at‐large appointments in response to written requests from such cities and may make no more than six at‐large appointmentsfor each Policy Committee. The term of an at‐large representative on a Policy Committee shall be limited to the remainder of theterm of the President except that the local elected official may continue to serve on the Policy Committee if its respective city council approve his or herre‐appointment and the next SCAG President authorizes the re‐appointment. Local elected officials serving in an at‐large capacity on a Policy Committee shall be voting committee members.
(h) To implement and advance the Association’s commitment to justice, equity, diversity and inclusion, and to increase the representation of people of color and low‐income communities in regional policy conversations, the seven (7) County representatives (i.e., Supervisors) to the Regional Council may each appoint one (1) local elected official, from a voting‐eligible Member of the Association that has a Community of Concern (as defined below) located within the Member’s boundaries, to serve on a Policy Committee. A County representative to the Regional Council making such an appointment shall notify SCAG staff of the appointment in writing. Within ten (10) business days of a County representative’s notice making such an appointment, the Presidentshall place the appointed local elected official on one of the Policy Committees. A local elected official appointed pursuant to this provision shall serve for a term of approximately two (2) years, commencing on the date the local elected official is placed on a Policy Committee by the President and expiring at the adjournment of the second regular meeting of the General Assembly following date the person is placed on the Policy Committee. Appointments to Policy Committees pursuant to this provision shall be limited to one (1) representative from each County except that Los Angeles County shall be permitted to have two representatives (one for each County representative to the Regional Council). As used in this Article V.E(2)(h), the term “Community of Concern” shall have the meaning given in SCAG’s most recently adopted Regional Packet Pg. 163

Page 18 of 31 ends

Transportation Plan/Sustainable Communities Strategy.
(3) Meetings: The Policy Committees shall generally meet at least once a month and in accordance with the Regional Council Policy Manual, except that the Policy Committees may decide not to meet upon the call of the respective Policy CommitteeChair after consultation with the Executive Director or his designee. (4) Quorum and Voting: A quorum of a Policy Committee shall be one‐third of the voting committee members. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of the majority of the voting committee members of a Policy Committee voting with a quorum in attendance is required for an action by a Policy Committee.
(5) Duties of the Transportation Committee (TC): The Transportation Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters, which pertain to the regional issues of mobility and accessibility, including, but not limited to all modes of surface transportation, transportation system preservation and system management, regional aviation, regional goods movement, transportation finance as well as transportation control measures.
(6) Duties of the Energy and Environment Committee (EEC): The Energy and Environment Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters, which pertain to the regional issues of energy and the environment. EEC shall also be responsible for reviewing and providing policy recommendations to the Regional Council on matters pertaining to environmental compliance.
(7) Duties of the Community, Economic and Human Development Committee (CEHD): The Community, Economic and Human Development Committee shall study and provide policy recommendations to the Regional Council relative to challenges and opportunities, programs and other matters which pertain to the regional issues of community, economic andhuman development, housing andgrowth. CEHDshall alsoreceive information regarding projects, plans and programs of regional significance for determinations of consistency and conformity with applicable regional plans.

F. Joint Policy Committee Meetings: The duties of the Policy Committees are specified in subsections (5), (6) and (7) above. To the extent that there are matters which are within the scope ofreview ofmore than one Policy Committee,the respective Policy Committeesshallmeet as a Joint Committee to consider the matters and provide unified policyrecommendations to the Regional Council, if applicable. At the discretion of the President,the President or the chair of one of the Policy Committees shall preside over a Joint Policy Committeemeeting. A quorum of a Joint Policy Committee meeting shall be one‐third of thecombined voting membership of the Policy Committees. There shall be no proxy votes anda voting member must be present to vote. The affirmative vote of a majority of the combined voting members of the Policy Committees voting with a quorum ofthe Joint Policy Committee in attendance isrequired for an Packet Pg. 164

Page 19 of 31 ends

action by the Joint Policy Committee.

G. Other Committees: Except as may be limited or restricted elsewhere is these Bylaws, the President is authorized to appoint representatives of Regional Council members serving onthe Regional Council to SCAG committees, ad hoc committees, subcommittees, or task forces to study specific problems, programs, or other matters which the Regional Council orGeneral Assembly have approved for study and also to appoint new members or re‐appoint prior membersto any SCAGcommittee, ad hoc committee,subcommittee ortask force. ThePresident is also authorized to appoint representatives of Regional Council members serving on the Regional Council to governing boards of other agencies, districts, commissions, and authorities as representatives of the Association. If no such representatives are available for such appointment, the President may appoint an elected official not on the Regional Council to represent the Association. Elected officials appointed to represent the Association who are not then serving on the Regional Council shall serve as ex‐officio representatives to the Regional Council without the right to vote. Terms of appointment ofrepresentatives serving on the Regional Council and other elected officials to governing boards of other agencies, districts, commissions, and authorities shall be consistent with the term of office of the appointing President.

H. Emerging Technologies Committee: Serving as a permanent advisory committee to the Regional Council and the Policy Committees, the Emerging Technologies Committee (ETC) will research and identity new and emerging technologies that may play a role in allbeneficial areas throughout the region, including transportation planning and improving the region’s transportation system. Members serving on the Regional Council and Policy Committees may serve on the ETC. In addition, ex‐officio, non‐voting members to the ETC may be appointed by the President. Appointmentsto the ETC shall be made by the Presidentfor approximate one (1) year terms that expire at the adjournment of the next regular meeting of the General Assembly. The President shall appoint the chair and vice chair of the ETC. All representatives appointed to the ETC by the President shall have full voting rights. (1) Meetings: The ETC shall meet as frequently as needed upon the call of the ETC chair after consultation with the Executive Director or his designee. (2) Quorum and Voting: A quorum of the ETC shall be one‐third (1/3) of the members serving on the ETC. There shall be no proxy votes and representatives must be present to vote. The affirmative vote of a majority of the voting‐eligible membersserving on the ETC and voting with a quorum in attendance is required for an action by the ETC.

ARTICLE VI – OFFICERS, DUTIES, ELECTIONS AND VACANCIES
A. Officer Positions: Officers of the Association shall consist of a President, a First Vice‐ President, Second Vice‐President, Immediate Past President and a Secretary‐Treasurer. TheAssociation’s President, First Vice‐President, and Second Vice‐President shall be elected annually by the Regional Council, prior to the annual regular meeting of the GeneralAssembly, from among its membership as set forth below. The Executive Director of the Association shall serve as the Secretary‐Treasurer of the Association, but shall have no votein the Association.

Packet Pg. 165

Page 20 of 31 ends

B. Nominating Committee and Candidate Replacements: Officers of the Association, except the Secretary‐Treasurer, shall be elected from a recommended list of candidates, one for each office, which shall be prepared by a Nominating Committee and submitted to the Regional Council for review and action. The Nominating Committee shall be appointed by the President and shall be composed of seven (7) representatives of Regional Council members who collectively represent the six (6) counties within the SCAG Region, with at least one (1) member being a county representative. All individuals serving on the Nominating Committee shall be voting members. Individuals serving on the Nominating Committee shallserve from the date of their appointment until the adjournment of the nextregular meeting of the General Assembly.

The Immediate Past President shall serve as the chair of the Nominating Committee. The Nominating Committee shall consider only those candidates that meet the minimum eligibility requirements set forth below in Article VI C ofthese Bylaws and any other requirements that may be established by the Regional Council.A quorum of the Nominating Committee shall be a majority of its membership. Proxy votingis not allowed and members must be present to vote.

The affirmative votes of a majority of those Nominating Committee members voting with a quorum in attendance shall be required for any action by the Nominating Committee.

In the event that prior to the annual meeting of the General Assembly, a candidate for President or First Vice‐President who has been approved by the Nominating Committee or elected by the Regional Council but not yet ratified by the General Assembly no longer satisfies the minimum eligibility requirements of Article V C., the candidate for First Vice‐ President shall be deemed the candidate for President and the candidate for Second Vice‐ President shall be deemed the candidate for First Vice‐President, provided that the applicablecandidates are agreeable to the change.

In the event that prior to the annual General Assembly meeting, a candidate for Second Vice‐ President who has been approved by the Nominating Committee or elected by Regional Council, but not yet ratified by the General Assembly no longer satisfies the minimum eligibility requirements of Article V C. or if other candidate vacancies exist for any reason afterthe approval(s) by the Nominating Committee or the election(s) by the Regional Council, the Regional Council shall fill the vacant candidate position(s) with individual or individuals who meet the minimum eligibility requirements of Article V C. The Nominating Committee may also meet to review the list of candidates and make a recommendation to the Regional Council regarding the new candidate for Second Vice‐President or for any other vacant candidate positions if there is sufficient time before the annual meeting of the General Assembly in which to schedule both a meeting of the Nominating Committee and the RegionalCouncil.

C. Minimum Eligibility Requirements: The followingminimumeligibility requirementsmust be met in order for an individual to be considered by the Nominating Committee as a candidatefor an officer position in the Association.
(1) At the time of the application, the potential candidate must be a Regional Council member who is a representative of a voting‐eligible Member of the Association, the TCA representative, the Tribal Government Regional Planning Board representative, the Air District representative or the PublicTransportation Representative and who has served Packet Pg. 166

Page 21 of 31 ends

on a Policy Committee and/or the Regional Council (in any combination, except as provided in this subsection) for at least 24 continuous months from when first appointed to the Policy Committee and/or Regional Council or from when elected to serve on the Regional Council through a District election; provided, however, that at least 12 months of the potential candidate’s service must be as a Regional Council member. A potential candidate’s concurrent service as a member of both a Policy Committee and the Regional Council shall count only once towards satisfying the 24‐ month eligibility requirement.
(2) The potential candidate must be actively involved with SCAG. (3) The potential candidate must be a local elected official from a SCAG member county, city, TCA, Air District or CTC, the Public Transportation Representative, or a locally elected Tribal Council member from a federally recognized Indian Nation. (4) Term limits will not prevent the potential candidate from serving a full term in the respective officer position.
(5) A completed nomination application must be submitted to the Association by the appropriate deadline by either the potential candidate or a colleague on the Regional Council.

D. Election by Regional Council and Ratification by General Assembly: The names of the candidates for each officer position recommended by the Nominating Committee shall be submitted to the Regional Council for consideration and action at least one (1) month priorto the annual meeting of the General Assembly. The Nominating Committee shall recommend one candidate to the Regional Council for each officer position (except Secretary‐Treasurer). If the Nominating Committee cannot agree on one candidate to recommend to the Regional Council for an officer position, all candidates for that officer position who satisfied the minimum eligibility requirements identified in Article V C. shall bepresented to the Regional Council. The Regional Council may also consider and elect for any officer position individuals who are nominated directly at a Regional Council meeting as partof the election process. New Officers shall take office after the ratification of the General Assembly and upon the adjournment of the General Assembly meeting.

E. Officer Position Vacancies: A vacancy shall immediately occur in the office of the President,First Vice‐ President, Second Vice‐President or Immediate Past President upon the resignation or death of the person holding such office, or upon the person holding such office ceasing to be a local elected official or if required by federal or state statutes or regulations, or if the appointment as a representative of a Member of the Association, the TCA, the Air Districts, Tribal Government Regional Planning Board or as the PublicTransportation Representative of theperson holding the office is rescinded by the legislative body(ies) responsible for the appointment or in response to a no confidence vote by a District undertaken in accordancewith the District Representative Election Procedures in the Regional Council Policy Manual. Such a no confidence vote shall only be undertaken in response to a resolution passed by allcities in the District that are voting eligible members of the Association. Upon the occurrence of a vacancy in the office of President, First Vice‐ Packet Pg. 167

Page 22 of 31 ends

President, or Second Vice‐ President, the vacancy shall be filled for the balance of an unexpired term in order of succession by elevating the next remaining Officer to such position, and the President may call for a Special Election to fill the unexpired term of the office of Second Vice‐President. Such second Vice‐President shall be selected from a list of candidates which shall be prepared by a Nominating Committee structured in accordance with the provisions of ArticleVI, Section B. In the event of such a Special Election the name of a nominee shall be submitted by the Nominating Committee to the Regional Council for action. If elected, the new Second Vice‐President shall take office upon adjournment of that meeting of the Regional Council that included the Special Election.

Upon the occurrence of a vacancy in the position of the Immediate Past President, the next most immediate and available Past President of SCAGstillserving asrepresentative to the Regional Council shall fill the position and serve for the balance of the unexpired term.

F. Representatives to Regional Council Eligible for Officer Positions: All representatives to the Regional Council from Members of the Association including the CTCs and the representatives of the Tribal Government Regional Planning Board,TCA and the Air Districts serving on the Regional Council as well as the PublicTransportation Representative are eligible to be elected by the Regional Council as Officers of the Association.

G. Presiding Officer: The President of the Association shall be the presiding officer of the Regional Council and of the General Assembly. The First Vice‐President shall act as the presiding officer in his/her absence. The Second Vice‐President, followed by the ImmediatePast President, shall act as the presiding officer in the absence of both of the above officers.

H. Duties of Secretary‐Treasurer: The Secretary‐Treasurer shall maintain a record of all Association proceedings, maintain custody of all Association funds, and otherwise perform the usual duties of such office.

ARTICLE VII – EXECUTIVE DIRECTOR
The Executive Director shall be the chief administrative officer of the Association. The powers and duties of the Executive Director are as follows.

A. Affairs of the Association: Subject to the authority of the General Assembly and the Regional Council, to administer the affairs of the Association including, but not limited to, oversight and approval of the Personnel Rules, Procurement Manual and Accounting Manual of the Association.

B. Employees: Consistent with all applicable personnel policies, procedures and salary classifications, to appoint, direct, discipline, remove and set the compensation and benefits of all other employees of the Association.

C. Budget: Annually to prepare and present a proposed Association budget and Overall Work Plan budget to the Regional Council and to control the approved budgets.

D. Secretary‐Treasurer: To serve as Secretary‐Treasurer of the Association.

Packet Pg. 168

Page 23 of 31 ends

E. Meetings: To attend the meetings of the General Assembly, the Regional Council and the EAC.

F. Other Duties: To perform such other duties as the General Assembly or the Regional Councilor the Regional Council Policy Manual may require.

G. Metropolitan Planning Organization: To ensure compliance with the Association’s responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq., and as may be amended from time to time.

ARTICLE VIII ‐ FINANCES
A. Fiscal Year: The fiscal year of the Association shall commence on July 1.

B. Budget Submission and Adoption: The Association budget shall be submitted by the Executive Director to the Regional Council. The Regional Councilshall adopt an Association budget at least 30 days prior the Annual Meeting. The Association budget and assessment schedule shall be adopted by the General Assembly at the Annual Meeting. Notwithstandingany provision of the agreement establishing the Association, any member that cannot pay its assessment therefore because of any applicable law or charter provision, or other lack ofability to appropriate or pay the same, may add such assessment to its assessment for the next full fiscal year. The budget for each year shall provide the necessary funds with whichto obtain and maintain the requisite liability and worker’s compensation insurance to fully protect each of the signatory parties hereto, and such insurance shall be so obtained and maintained.

C. Annual Membership Dues Assessment: Each year, upon adoption of the Association budget, the General Assembly shall fix an annual membership dues assessment for all Members of the Association, Advisory Members of the Association and Regional Council members in amounts sufficient to provide the fundsrequired by the Association budget andshall advise the legislative body of each Member, Advisory Member or Regional Council member thereof on or before the first regularly scheduled Regional Council meeting withinthirty (30) days of the date of the General Assembly regular meeting of such year. Absent any other decision regarding membership dues assessments by the General Assembly, the annual membership dues assessment will be adjusted by the most recent year over year change in the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside – Orange County, California area, with a minimum of one per cent (1%) and using as a basefor the assessment calculation the amount assessed in the previous assessment year. The annual membership dues assessment shall be determined in accordance with the formula set out in Article VIII D. of these Bylaws.

If a Member of the Association or an Advisory Member of the Association or a Regional Council member is unable to pay its annual membership dues assessment for any of the reasons cited in Article VIII B. of these Bylaws and if a Member (but not an Advisory Member or Regional Council member) is unable or unwilling to add its dues assessment to its assessment for the next full fiscal year, the Regional Council, for not more than one (1) year at a time, may defer, waive, or reduce payment of the annual membership dues assessmentfor a Member, an Advisory Member or a Regional Council member. Similarly, the Executive Director may authorize reduced payment of the annual membership dues assessment for a Member, an Advisory Member or a Regional Council Packet Pg. 169

Page 24 of 31 ends

member by no more than ten (10%) for not more than one (1) year at a time based upon documented financial hardship. In taking any of the actions above, the Regional Council shall adjust the Association budget to providea balanced Association budgetreflecting any of the above actions.

Any action of the RegionalCouncil deferring, waiving, or reducing the payment of the annual dues shall be reported at the following General Assembly meeting. In addition, if the Regional Council waives the annual membership dues assessment for a Member of the Association, or an Advisory Member of the Association or a Regional Council member, the Regional Councilshall consider,at the same time and decide, on a case‐by‐case basis, whether the Official Representative ofthe Member or Advisory Member shall have the right to vote at the General Assembly and whether the representative of the Member, Advisory Member or Regional Council member can continue to vote on the Regional Council or any committee or subcommittee of the Association, serve in a leadership position, receive a stipend or have any other membership rights or privileges restricted during the period when the annual dues have been waived.

If the Regional Council decidesto waive the annual membership dues assessment for a Member of the Association and also decides to suspend the voting rights of the Member for the period when the dues assessment is waived and if the representative of the Member serving on the Regional Council represents a multi‐city District, the position of Districtrepresentative shall be vacated by the action of the Regional Council and the vacancy shall befilled through a special election in accordance with the procedures set forth in the Regional Council Policy Manual.

Any Member of the Association, Advisory Member of the Association or Regional Council member that fails to pay its annual membership dues assessment, or, in the case of a Member, failsto announce its intention to add its assessment to the assessment for the nextfiscal year or fails to seek a deferral or waiver or reduction of its assessment by January 1 of the July 1 – June 30 fiscal year shall be considered to have withdrawn from the Association and will cease to be a Member, Advisory Member or Regional Council member effective January 1. The Executive Director or his designee shall endeavor to provide written notices ofannual membership dues assessment delinquencies in December of each fiscal year.

D. Methods of Assessment:

Member Cities and Counties and Tribal Governments: Each member county and each member city, based on itstotal population,shall pay, as part of itstotal annual assessment, the following fixed basic assessment:

COUNTIES CITIES
Total Population Base Population Base
Up to 249,999 3,500 Up to 9,999 $ 100
250,000 – 1,099,999 10,000 10,000 – 24,999 250
1,100,000 – 1,999,999 15,000 25,000 – 99,999 500
2,000,000 – 3,999,999 25,000 100,000 – 499,000 750
4,000,000 up 35,000 500,000 –999,999 1,000
1,000,000 up 1,250
Packet Pg. 170

Page 25 of 31 ends

For purposes of the annual assessment each federally recognized Indian Nation in the SCAG Region that becomes an Advisory Member of the Association shall be treated as a member city.

The remainder of the total annual dues assessment to be borne by the member countiesshall be charged to and paid by said member counties in proportion that the population of unincorporated portions of each bear to the total regional population. The remainder of the total annual assessment to be borne by the member cities shall be charged to and paid by said member cities in the proportion that the population of each bears to the total regional population. The computation of the shares of said total annual assessments as above provided shall be based upon the respective populations of the counties and cities asdetermined by the State Controllerinmaking themostrecent allocation to cities and countiespursuantto the Motor Vehicle License Fee Law, or based upon population data from the StateDepartment of Finance in the event that the State Controller data is not available. For a member city newly incorporated pursuant to California Government Code Section 57176, thetotal annual assessment for the first five (5) yearsfollowing incorporation shall be based uponsuch city’s actual population as defined under California Revenue and Taxation Code Section11005.3(d).

If any county or city was not a Member of the Association at the time the latest assessment was fixed and shall become a Member of the Association thereafter, an assessmentshall be payable by such county or city to the Association upon becoming a Member in a sum based upon the current county or city per capita rate, asthe case may be, prorated from the date of establishing membership until the July 1 following the next annual meeting of the GeneralAssembly after such date. Notwithstanding the previous provisions of this Article VIII, no rebates or adjustments shall be made among the existing member counties and/or cities if such additional assessments shall be received from new Members. Notwithstanding the previous provisions of this Section, no regular dues assessment of any county or city shall exceed twenty percent(20%) of the total assessment for any annual assessment period.

CTCs: Each CTC shall pay a fixed annual assessment based on total population, using the following assessment table:

Total Population Annual Assessment
Up to 249,000 $ 3,500
250,000‐1,099,999 $ 10,000
1,100,000‐1,999,000 $ 15,000
2,000,000‐3,999,999 $ 25,000
More than 4,000,000 $ 35,000
TCA, the Air Districts and the Public Transportation Representative: TCA shall pay an annual assessment of $10,000. The annual assessment for a representative from the Air Districts onthe Regional Councilshall be $10,000 to be paid in a manner agreed upon by the five (5) Air Districts within the SCAG Region. There is no required assessment for the Public Transportation Representative on the Regional Council.

E. Annual Audit: The Regional Council shall cause an annual external audit of the financial affairs of the Association to be made by a certified public accountant at the end of each fiscalyear. The Regional Council shall employ a certified public account of its choosing. The Regional Council Packet Pg. 171

Page 26 of 31 ends

shall also establish an Audit Committee to provide oversight of the annualexternal audit. The members of Audit Committee shall be comprised of members of the Regional Council and serve for one (1) year terms. The First Vice‐President shall be a member of the Audit Committee and the Second Vice‐President shall serve as the chair of the Audit Committee for one (1) year. The auditreportshall be made to Association membercities and counties.

F. Indemnification for Tort Liability: In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason ofsuch entities being parties to an agreement as defined in Section895 of said code, the Members of the Association hereto as between themselves, pursuantto the authorization contained in Sections 895.4 and 895.6 of said code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement to the same extent thatsuch liability would be imposed in the absence of Section 895.2 of said code. To achieve the above stated purpose each Member of the Association indemnifies and holds harmless any other Member of the Association for any loss, cost or expense that may be imposed upon such other Member of the Association solely by virtue of said Section 895.2. The rules set forth in Civil Code Section 2778 are hereby made a partof these Bylaws.

G. Debts, Liabilities and Obligations of the Association: Notwithstanding the provisions of Section 7 ofsaid Joint Powers Agreement by which this Association isformed, no contract, employment, debt, liability or obligation of the Association shall be binding upon or obligateany Member of this Association without the express written request or consent ofsuch Member and only to the extent so requested or consented to; nor shall the Association havethe authority or the power to bind any member by contract, employment, debt, liability, orobligation made or incurred by it without the written request or consent of such Member, and then only to such extent as so requested or consented to in writing.

H. Depositaries and Investments: In addition to the depositary and the disbursing officer as specified in Section 7 of the Joint Powers Agreement, the Regional Council may authorize additional depositaries and those authorized to disburse the Association’s funds, and may specify the terms and conditions pertaining thereto.

ARTICLE IX – STATUTORY AUTHORITY
The Southern California Association of Governments shall be an agency established by a joint powers agreement among the members pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California and shall have the powers vested in the Association by State or Federal law, the Joint Powers Agreement, or these Bylaws. The Association shall not have the power of eminent domain, or the power to levy taxes.

ARTICLE X – VOLUNTARY WITHDRAWAL
Any Member of the Association, Advisory Member of the Association or Regional Council member may, at any time, withdraw from the Association providing, however, that the intent to withdraw must be stated in the form of a resolution enacted by the legislative body of the agency wishing to Packet Pg. 172

Page 27 of 31 ends

withdraw. Such resolution of intent to withdraw from the Association must be given to the Association by the withdrawing agency at least 30 days prior to the effective date of withdrawal. The withdrawing agency shall not be entitled to a refund ofthe annual assessment paid to the Association.

ARTICLE XI – BYLAWS AND RESOLUTIONS COMMITTEE AND AMENDMENTS The Bylaws and any amendments thereto are subject to the approval of the General Assembly.

Amendments to these Bylaws may be proposed by an Official Representative, the Executive Director, the Bylaws and Resolutions Committee and the Regional Council.

If proposed by an Official Representative, the amendment shall be submitted to the Association by a deadline established by the Association that is subject to waiver by the SCAG President or Executive Director but which in all cases must be at least forty‐five (45) days prior to the regular meeting of the General Assembly for assignment and consideration by the Bylaws and Resolutions Committee.

The Bylaws and Resolutions Committee shall be appointed by the President and composed of twelve (12) representatives of Members of the Association serving on the Regional Council, with at least one (1) representative from each county in the SCAG Region and with at least two (2) representatives being county representatives. The representatives serving on the Bylaws and Resolutions Committee shall have terms that commence on the date of their appointment and extend to the adjournment of the next regular meeting of the General Assembly. A quorum of the Bylaws and Resolutions Committee shall be a majority of its membership. Proxy voting is not allowed and members must be present to vote. The affirmative votes of a majority of those Bylaws and Resolutions Committee members voting shall be required for any action by the Bylaws and Resolutions Committee. The Second Vice‐President shall serve as the chair of the Bylaws and Resolutions Committee.

Except for amendments proposed by the Regional Council, all proposed amendments to the Bylaws shall be considered by the Bylaws and Resolutions Committee, and thereafter, by the Regional Council: except, however, amendments proposed by the Executive Director or his designee that are not recommended by the Bylaws and Resolutions Committee shall not be sent to the Regional Council. All amendments proposed by an Official Representative, and all amendments proposed by the Bylaws and Resolution Committee or the Executive Director or his designee that are recommended by the Regional Council along with amendments proposed by the Regional Council, shall be forwarded to the Official Representative of each General Assembly member at least twenty‐ one (21) days prior to the regular meeting of the General Assembly at which such proposed amendments will be voted upon.

An affirmative vote of a majority of the Official Representatives or Alternates of the General Assembly voting‐eligible Members of the Association present and voting with a quorum in attendance is required to adopt an amendment to these Bylaws. If, within sixty (60) days after the adoption of any amendment, one‐third (1/3) or more of the Official Representatives protestsuch amendment by filing a written protest with the Executive Director, the adoption of such amendment shall be suspended until the next meeting of the General Assembly when the amendment shall again be taken up for consideration and vote.

Packet Pg. 173

Page 28 of 31 ends

Notwithstanding any provision of the agreement establishing the Association, Article V ‐ A‐4(b) and the Article VIII A, B, and E of said Bylaws shall not be changed except with the concurrence of the legislative body of each signatory party to said agreement which has not then withdrawn from the Association.

ARTICLE XII – EFFECTIVE DATE
These Bylaws shall go into effect immediately upon the effective date of the agreement establishing the Association.

ARTICLE XIII – HIRING PROHIBITION
No individual who is or was an Official Representative or Alternate on SCAG’s General Assembly or is or was a representative of a Member of the Association or of an Advisory Member of the Association or of a Regional Council member serving on the Regional Council or is or was a member of any of SCAG’s Policy Committees shall be eligible for compensated employment with SCAG for a period of one (1) year after the individual’s last day of service in any of the SCAG positions described in this Article.

Packet Pg. 174

Page 29 of 31 ends

Bylaws adopted by the Joint County‐City SCAG Committee:

March 27, 1964
Bylaws amended by the SCAG General Assembly:

February 24, 1966
November 4, 1966
February 24, 1967
February 18, 1970
September 24, 1970
February 16, 1973
September 12, 1974
February 27, 1975
March 8, 1977
October 6, 1977
March 3, 1978
October 6, 1978
March 16, 1979
October 2, 1980
April 29, 1982
April 26, 1984
January 29, 1987
March 21, 1989
March 22, 1990
April 21, 1991
Packet Pg. 175

Page 30 of 31 ends

February 27, 1992
March 12, 1993
March 4, 1994
March 3, 1995
July 3, 1996
October 9, 1997
April 16, 1998
September 3, 1998
April 8, 1999
April 6, 2000
May 1, 2003
September 4, 2003
May 4, 2004
May 5, 2005
May 4, 2006
May 3, 2007
May 8, 2008
May 7, 2009
May 6, 2010
May 5, 2011
April 5, 2012
June 7, 2012
Packet Pg. 176

Page 31 of 31 ends

May 2, 2013
May 1, 2014
May 7, 2015
May 5, 2016
May 4, 2017
May 3, 2018
May 2, 2019
May 6, 2021
May 5, 2022
Packet Pg. 177

MAIN OFFICE
900 Wilshire Blvd., Ste. 1700,
Los Angeles, CA 90017
T: (213) 236-1800

IMPERIAL COUNTY REGIONAL OFFICE
1503 North Imperial Ave., Ste. 104
El Centro, CA 92243
T: (213) 236-1967

ORANGE COUNTY REGIONAL OFFICE
OCTA Building
600 South Main St., Ste. 741
Orange, CA 92868
T: (213) 236-1997

RIVERSIDE COUNTY REGIONAL OFFICE
3403 10th St., Ste. 805
Riverside, CA 92501
T: (951) 784-1513

SAN BERNARDINO COUNTY REGIONAL OFFICE
Santa Fe Depot
1170 West 3rd St., Ste. 140
San Bernardino, CA 92418
T: (213) 236-1925

VENTURA COUNTY REGIONAL OFFICE
4001 Mission Oaks Blvd., Ste. L
Ventura, CA 93012
T: (213) 236-1960
scag.ca.gov
Packet Pg. 178 Please recycle AJ2 Reports 2022.03.29
RC Approved June 9, 2019
As Amended Through
November 3, 2022

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Regional Council
Policy Manual
Packet Pg. 179
Table of Contents
Introduction 1
Article I Code of Conduct 3
Article II Complaints Alleging Violations of the Code of Conduct 7 Article III Conflict of Interest 8
Article IV Composition, Attendance and Policies for the Regional Council, Policy Committees and other SCAG Subcommittees and Task Forces
12 Article V District Representative Appointments, Election Procedures and No Confidence Votes
15 Article VI The Ralph M. Brown Act: Requirements and SCAG Policies 19 Article VII Rules of Procedure for the Conduct of Meetings 24 Article VIII Stipends and Expense Reimbursements 32
Article IX Approval and Reporting Thresholds and Delegation of Approval Authority 38 Article X California Public Records Act 40
Appendices:

A. SCAG District Representative Election Procedures 42
B. Summary of SCAG’s Rules of Order 45
C. Rosenberg’s Rules of Order 47
Packet Pg. 180
RC Approved 06/09/19, as amended though 11/03/22 Page 1

INTRODUCTION
Although the Regional Council Policy Manual has been updated several times, this Amended and Restated Policy Manual (herein “Policy Manual”) is the first comprehensive update since the Policy Manual was adopted in 2007. The original version of the Policy Manual incorporated various policies that had been previously adopted by the Regional Council over the years. This update reformats the existing policies and addresses new topics (e.g. the Public Records Act), eliminates topics that are no longer relevant (e.g. Lapsing Fund Policy) and allows certain materials to become stand‐alone documents (e.g. SCAG’s Strategic Plan). This updated Policy Manual is intended to be a helpful tool for the Regional Council in its efforts to guide the SCAG organization in finding solutions for issues facing the Southern California region.

After adoption by the Regional Council, the Policy Manual will be reviewed and updated on an annual basis concurrent with the annual process that is undertaken for SCAG’s Bylaws. Unlike the Bylaws, approval of changes to the Policy Manual will be by the Regional Council and not the General Assembly.

Over the course of every year, the Regional Council may take actions to modify, eliminate or create policies that relate to the materials contained in the Policy Manual. To the extent necessary and to avoid confusion or misinterpretation, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect such actions by the Regional Council in advance of the Regional Council’s annual review and approval of any needed updates. Similarly, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect changes in federal or state laws orregulations.

This Policy Manual is intended to supplement SCAG’s Bylaws. In the event of inconsistencies between the Bylaws and the Policy Manual, the Bylaws shall prevail.

Packet Pg. 181
RC Approved 06/09/19, as amended though 11/03/22 Page 2 SCAG Vision
Southern California’s Catalyst for a Brighter Future.

SCAG Mission
To foster innovative regional solutions that improve the lives of Southern Californians through inclusive collaboration, visionary planning, regional advocacy, information sharing and promoting best practices.

SCAG Core Values
 Be Open – Be accessible, candid, collaborative and transparent in the work we do.  Lead by Example – Commit to integrity and equity in working to meet the diverse needs of all people and communities in our region.
 Make an Impact – In all endeavors, effect positive and sustained outcomes that make our region thrive.
 Be Courageous –Have confidence that taking deliberate, bold and purposeful risks can yield new and valuable benefits.

Packet Pg. 182
RC Approved 06/09/19, as amended though 11/03/22 Page 3

ARTICLE I

CODE OF CONDUCT
This Code of Conduct establishes a set of expectations for all elected and appointed officials and representatives who serve in the SCAG organization as Officers, Official Representatives and Alternates to the General Assembly, representatives of Regional Council Members, District Representatives, ex officio members of any SCAG body, and members of SCAG committees and task forces (collectively, “SCAG Representatives”). This Code of Conduct embodies the Core Values of SCAG that are identified in the Introduction to this Policy Manual. All SCAG Representatives are expected to review, understand and comply with all aspects of this Code of Conduct and to avoid any activitiesthat would negatively affect SCAGor SCAG’sreputation. This Code of Conduct expands upon and is not intended to supersede or contradict any federal, state or local laws or regulations that address any of the matters addressed in this ArticleI.

A. Non‐Discrimination – SCAG is committed to respecting individual differences and expects all SCAG Representatives to conduct themselves in a professional manner and to treat others with respect and dignity. SCAG will not tolerate discrimination and will treat all individualsfairly without regard to race, color, religious creed, political belief, age, national origin, gender, ancestry, physical disability, mental disability, medical condition, marital status, sexual orientation, or any other basis protected by law.

B. Anti‐Harassment – SCAG is committed to providing an environment in which all individuals who work for, provide services to, or participate in the activities of SCAG are free of any type of harassment (i.e. verbal, physical, visual, written or environmental) especially that based on or associated with race, color, religious creed, political belief, national origin, gender, national origin, ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation or any legally protected characteristics. Verbal harassment includes, but is not limited to, inappropriate or offensive remarks, slurs, and jokes; inappropriate comments regarding physical appearance or attire; unwelcome flirting; demands for sexual favors; verbal abuse, threats; bullying; and patronizing or ridiculing remarks. Physical harassment includes, but is not limited to, inappropriate touching, assault, hazing, physical interference with free movement, leering, Packet Pg. 183
RC Approved 06/09/19, as amended though 11/03/22 Page 4 grabbing, and sexual gestures. Visual or written harassment includes, but is not limited to, the display or circulation of offensive materials, posters, or reading materials, and the transmission of offensive electronic messages or computer graphics. Environmental harassment includes, but is not limited to, creating or contributing to a work or business environment that is permeated with sexually‐orientated or discriminatory talk, innuendo, insults or abuse.

C. Prohibition against Retaliation – Retaliation against any individual because of his/her opposition to actions that are contrary this Code of Conduct and especially to the Non Discrimination and/or Anti‐Harassment policies of SCAG or because of the filing of a complaint, provision of testimony or participation in a hearing or proceeding in connection with SCAG’s Non Discrimination and Anti‐Harassment policies is strictly prohibited.

D. Limited Prohibition against Weapons – SCAG Representatives shall not bring, carry, store or use any type of weapon on SCAG property or in a SCAG rented vehicle or in a personal vehicle while on SCAG business unless in compliance with all applicable laws and applicable SCAG notifications.

E. Workplace Violence – Any SCAG Representative who makes threats, exhibits threatening behavior or engages in violent acts at on SCAG property or at a venue hosting a SCAG event shall be removed from the SCAG property or venue immediately and shall remain off of the SCAG property or venue pending the outcome of a proper investigation and evaluation by SCAG.

F. Employment Matters – SCAG Representatives shall not provide employment references on behalf of SCAG for former SCAG employees. Personal references are acceptable if provided without any implication of SCAG endorsement and without the use of SCAG resources. Further, SCAG Representatives shall not initiate employment recruitment, or participate in SCAG hiring activities or decisions for any position (compensated or uncompensated), unless such action is specifically requested and approved by SCAG’s Executive Director or Human ResourcesManager.

G. Relatives of ElectedOfficials –To avoid concernsregarding conflicts–of‐interest and nepotism while still allowing SCAG to attract and hire talented individuals who are also family members of elected officials the following special hiring procedures for uncompensated and compensated positions will apply for any son, daughter, stepchild, parent, sibling, grandchild, first cousin, (including spouse/domestic partner of any of these identified relatives) orspouse/domestic partner Packet Pg. 184
RC Approved 06/09/19, as amended though 11/03/22 Page 5 of any SCAG Representative. The hiring process of any of the previously identified individuals must:
(1) Conform to SGAG’s standard hiring practices without any external or internal non‐standard influence; (2) Include open disclosure and documentation of all relationships with elected officials during all phases of the hiring process; and (3) Avoid any hiring actions that would result in a functional reporting relationship between the elected official and the prospective new hire (i.e. staff support to a committee chair) at the time of hiring. Failure to comply with the above requirements may result in employment termination in accordance with the Personnel Rules of SCAG.

H. Avoiding Physical Impairment – While participating in any SCAG activity or travelling to or from such activity, all SCAG Representativesshall not be under the influence of any alcohol or drugs to the extent that legal limits of alcohol or any drug are violated or to the extent that alcohol or a drug impairs the safety and effectiveness of any of their actions. Possible side effects and impairments associated with over‐the‐counter and prescription medications must also be considered in connection with any SCAGactivity.

I. Compliance with Conflict‐of‐Interest Policies of SCAG – SCAG Representatives shall remain cognizant of and comply with SCAG’s Conflict‐of‐Interest Policies and all related federal and state statutes and regulations.

J. Professionalism – SCAG Representatives are expected to maintain a professional and productive work environment at all times. SCAG is a public agency, using public funds and engaged in activities that are intended to benefit the public. The public nature of SCAG should be reflected in the conduct of all who represent SCAG.

K. SCAG Assets – All SCAG Representatives must use sound judgment in the care and use of SCAG assets and in the expenditure of all funds controlled by SCAG. SCAG assets are obtained through the expenditure of public funds and are intended for the benefit of the public and should not be applied to personal matters.

Packet Pg. 185
RC Approved 06/09/19, as amended though 11/03/22 Page 6 L. Confidentiality and Privacy Issues – SCAG Representatives may be provided with personal information, financial information, legally protected information and other materials that must be treated with care. All such information must be properly safeguarded, disclosed to appropriate parties only when necessary and properly destroyed when no longer needed. Any uncertainties regarding the personal or confidential nature of any materials should be discussed with SCAG’s Manager of Human Resources or SCAG legal staff.

Packet Pg. 186
RC Approved 06/09/19, as amended though 11/03/22 Page 7

ARTICLE II
COMPLAINTS ALLEGING VIOLATIONS OF THE CODE OF CONDUCT*
*Per the action of the Regional Council on May 3, 2018, Article II will be developed and presented to the Regional Council at a future date.

Packet Pg. 187
RC Approved 06/09/19, as amended though 11/03/22 Page 8

ARTICLE III

CONFLICT OF INTEREST
SCAG has adopted the conflict‐of‐interest policies described herein in order to provide a comprehensive and clear set of rules for all SCAG Representatives. These policies are further intended to ensure that all SCAG Representatives will be guided to act in the best interests of SCAG rather than by personal interests. All of these policies collectively incorporate and supplement existing state and federal conflict of interest laws andregulations.

A. Gift and Political Contribution Prohibitions and Limitations ‐ SCAG Representatives may accept gifts and political contributions but only up to the limits established by state law and only without violation of any state or federal conflict‐of‐interest rules and regulations.

B. Political Activities – As provided in state or federal law, no restrictions shall be applied to the political activities of SCAG Representatives except that the following activities are prohibited: (1) engaging in political activities at SCAG offices; (2) soliciting a political contribution from an employee of SCAG unless the solicitation is part of a general solicitation to a significant segment of the public; (3) promising or threatening any SCAG employee in connection with any personnel action including promotion, demotion, change in compensation, etc. in exchange for the vote or political action or inaction on behalf of any candidate or party.

C. SCAG Policy Statements ‐ All policy statements regarding SCAG originate from the General Assembly or the Regional Council. No SCAG Representatives shall, in their official capacity, become involved in political matters or lobbying activities which are contrary to, or conflict with, stated SCAG policies or positions. Where a policy of SCAG is unclear or nonexistent, SCAG Representatives must use discretion and judgment in making statements to avoid misrepresenting or misstating current SCAG policies or positions.

D. Contract and Decision‐Making Prohibitions and Disqualifications (1) In accordance with California Government Code Section 1090 et seq., SCAG Representatives shall not participate in making any contract or type of agreement involving SCAG if they are financially interested in the contract or agreement. To “participate in making a contract” includes Packet Pg. 188
RC Approved 06/09/19, as amended though 11/03/22 Page 9 decisions to create, modify, extend or renegotiate a contract. Most importantly, if an individual is “financially interested” in a contract, Section 1090 prohibits the entire legislative body of which that individual is a member from taking action on a contract in which said individual has a financial interest. Thus if a representative of a Member of the Regional Council has a financial interest in a contract, the Regional Council cannot consider or take action on that contract and it is not possible for the representative to simply disqualify himself from any vote. For this reason, if SCAG contracting staff or legal counsel determine that a representative of a Member of the Regional Council has a financial interest in a bid or proposal for a contract, such bid or proposal will be disqualified from consideration by SCAG. Determining financial interest questions can be complicated and guidance from SCAG legal counsel should be obtained if any concerns exist regarding the applicability of Government Code 1090 to a contract, proposal orbid. (2) In accordance with Title 49 of the Code of Federal Regulations, Section 18.36 SCAG Representatives shall not participate in the selection, or award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. A real or apparent conflict‐of‐interest could arise not only in connection with SCAG Representatives themselves, but also if immediate family members are involved in a contract or because of the employment or potential employment of SCAG Representatives. The requirements of Section 18.36 are complicated and guidance from SCAG legal counsel should be obtained regarding the applicability of Section 18.36 to a contract supported by federal funds. (3) In accordance with California Government Code Section 87100 et seq., SCAG Representatives shall not make, participate in making or attempt to use their official position to influence a decision affecting SCAG when a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise because of a personal financial interest in a decision affecting SCAG. A financial interest would exist if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on an individual or his/her immediate family. If any SCAG Representative has a financial interest in a decision affecting SCAG within the meaning of Section 87100, that individual should recuse himself or herself from making or Packet Pg. 189
RC Approved 06/09/19, as amended though 11/03/22 Page 10 participating in such a decision and not use his or her position to influence or attempt to influence such a decision. Guidance on the proper recusal procedures to follow should be obtained from SCAG legal counsel who should also be consulted about questions regarding Section 87100.

E. Annual Statement of Economic Interests – In accordance with the requirements of the California Fair Political Practices Commission (“FPPC”), every elected official and public employee who makes or influences governmental decisions is required to prepare and submit a Statement of Economic Interest, also known as the Form 700, annually, and upon assuming or leaving an identified position. Consistent with the guidelines of the FPPC, SCAG has created a Conflict‐of‐ Interest Code which identifies those SCAG Representatives and Staff who must file a From 700. The Conflict‐of‐Interest Code, which is updated regularly in accordance with the requirements of the FPPC, can be found on SCAG’s website and is also included at Attachment A. to this Policy Manual.

The Conflict‐of‐Interest Code specifies the types of disclosures that the identified individuals must make. Form 700 filings should be made to the Office of Regional Council Support. SCAG staff will endeavor to remind all affected individuals of the need for Form 700 filings several months in advance of the annual filing due date. However, it is the responsibility of all affected SCAG Representatives to understand their FPPC disclosure obligations and to make timely filings with SCAG and any other public organizations for which disclosure requirements exist.

F. Ban on Future Contracts, Bids and Lobbying
(1) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall influence or attempt to influence any SCAG decision directly relating to any contract where the former SCAG Representative knows details or conditions of the contract not available to members of the public.
(2) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall participate in bidding on a SCAG contract, including providing consulting servicesto a bidder on a bidding process involving SCAG, or bidding or providing consulting services to a bidder for a contract which is to be funded by or through SCAG.

Packet Pg. 190
RC Approved 06/09/19, as amended though 11/03/22 Page 11 (3) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall act as an agent or attorney for, or otherwise represent, any person or entity other than SCAG in any formal or informal appearance before, or, with the intent to influence a decision, make any written or oral communication to any court or any agency officer, employee, member, board or commission in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, legislation, or other particular matter pending before such court or before such officer, member, employee, board or commission if both of the following apply: (a) SCAG is a party or has a direct and substantial interest; and (b) the proceeding is one in which the former SCAG Representative participated in on behalf of SCAG. (4) The one‐year bans contained in Article III Sections F (1), (2), and (3) above shall not apply to:
(a) prevent a former SCAG Representative from making or providing a statement or contract which is based on the individual’s own special knowledge in the particular area that is the subject of the statement or contract, provided that no compensation isthereby received other than that regularly provided for by law or regulation for witnesses or contractors; or (b) communications and contracts made solely for the purpose of furnishing information if a court or state, federal or local administrative agency to which the communication is directed or with or for which a contract is made, makes findings in writing that the individual has outstanding and otherwise unavailable qualifications and is acting with respect to a particular matter which requires such qualifications and the public interest would be served by the participation of the individual. In addition, these one‐year bans do not apply to any appearances or communications in a proceeding or contracts to which a court or the Regional Council givesits consent by determining that the public interest would not be harmed.

G. Penalties for Violation of Conflict‐of‐Interest Policies – SCAG Representatives are reminded that violations of the Conflict‐of‐Interest Policies listed in this Policy Manual may also involve violations of various state and federal statutes and regulations to which both civil penalties and criminal punishments may apply. Further, contracts involving a conflict‐of‐interest may also be declared void in accordance with applicable California law.

Packet Pg. 191
RC Approved 06/09/19, as amended though 11/03/22 Page 12

ARTICLE IV

COMPOSITION, ATTENDANCE AND POLICIES FOR THE REGIONAL COUNCIL, POLICY COMMITTEES AND

OTHER SCAG COMMITTEES, SUBCOMMITTEES AND TASK FORCES
A. Regional Council – Themembership, organization, duties, quorum and voting requirements of the Regional Council are addressed in SCAG’s Bylaws. The following additional policies are applicable to the Regional Council.
(1) The Regional Council shall generally consider a recommendation from a Policy Committee in the month following the development of such a recommendation. In the case of time sensitive matters, a recommendation froma Policy Committeemay be considered atthe first Regional Council meeting after the Policy Committee meeting at which the recommendation was adopted. (2) The Regional Council shall generally consider a recommendation from the Executive/Administration Committee at the first Regional Council meeting after the Executive/Administration meeting at which the recommendation wasadopted. (3) The Regional Council shall generally meet on the first Thursday of each month. The Regional Council shall annually approve its calendar year meeting schedule which may include one or more months in which other SCAG meetings replace the regular meeting of the Regional Council. In addition, the Regional Council will not meet one month of the year to allow for a vacation period.

B. Executive/Administration Committee – The membership, organization, duties, quorum and voting requirements of the Executive/Administration Committee are addressed in SCAG’s Bylaws.

The following additional policies are applicable to the Executive/Administration Committee. (1) The President of SCAG shall serve as the Chair of the Executive/Administration Committee and shall be the presiding officer at its meetings. The First Vice President of SCAG shall serve as the Vice Chair and shall act as the presiding officer at meetings in the absence of the President. The Second Vice President or the Immediate Past President, in that order, shall preside at meetings in the absence of the President and First Vice President.
(2) The Executive/Administrative Committee shall generally meet prior to and on the same day as the Regional Council in accordance with the annual schedule adopted for the regular meetings of the Regional Council. The Executive/Administration Committee may have a special meeting on a day Packet Pg. 192
RC Approved 06/09/19, as amended though 11/03/22 Page 13 other than the day scheduled for a meeting of the Regional Council or in addition to the day scheduled for a meeting of Regional Council. All such special meetings shall be called by the SCAG President in consultation with SCAG’s Executive Director.
(3) The President shall provide a general report regarding each meeting of the Executive/Administrative Committee at the next regular meeting of the Regional Council and specifically shall report any actions taken by the Executive/Administration Committee acting on behalf of the Regional Council as allowed by Article V C. (3)(a) of SCAG’sBylaws.

C. The Policy Committees – The membership, organization, duties, quorum and voting requirements ofthethreePolicyCommittees(i.e.TransportationCommittee;Community,Economic and Human Development Committee; and Energy and Environment Committee) are addressed in SCAG’s Bylaws. The following additional policies are applicable to the three Policy Committees. (1) Each Policy Committee shall elect its Chair and Vice Chair whose term shall commence upon the adjournment of the next regular meeting of the General Assembly and expire upon the opening of the following regular meeting of the General Assembly. Those holding the position of Chair and Vice Chair must be members of the respective Policy Committee and must also be representatives of Regional Council Members. Officers and those elected by the Regional Council to serve as Officers cannotserve as Chair or Vice Chair of a Policy Committee. An individual may serve two consecutive one‐yearterms as a Chair ortwo consecutive one‐yearterms as aVice Chair, ifso elected.Any person who served as Chair of a Policy Committee for two consecutive years or as Vice Chair for two consecutive years must wait one year before seeking election again to be Chair or Vice Chair of the same Policy Committee; except that any Vice Chair who has held such a position for up to two consecutive years may be elected to serve as Chair for the following year for up to two consecutive years. If a vacancy occurs in the office of Chair of a Policy Committee, the Vice Chair shall serve as Chair for the unexpired term and a new Vice Chairshall be elected to fill the unexpired term. (2) Each Policy Committee shall meet on the same day as the Regional Council unless a special meeting is otherwise called by the Chair of the Committee after discussions with SCAG’sExecutive Director.

Packet Pg. 193
RC Approved 06/09/19, as amended though 11/03/22 Page 14 (3) In the event an at‐large or subregional member of a Policy Committee repeatedly fails to attend meetings of the Policy Committee, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings ofthe Policy Committee. The Executive Directormay also, in his/hersole discretion, advise the SCAG President of the absences of the member and the President may take any such action as may be allowed by the SCAG Bylaws or this PolicyManual.

D. Legislative, Communications and Membership Committee ‐ The membership, organization, meetings, duties, quorum and voting requirements of the Legislative, Communications and Membership Committee are addressed in SCAG’s Bylaws.

E. Committees, Subcommittees and Task Forces [Reference/Formatting issue to correct] (1) Committees, Subcommittees and Task Forces shall be established in accordance with SCAG’s Bylaws and shall strictly adhere to the requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). The first meeting of a new committee, subcommittee or task force shall be considered a regular meeting ofsaid committee,subcommittee or task force. (2) Unless otherwise identified in SCAG’s Bylaws, a quorumof Committees, Subcommittees and Task Forcesshall be fifty percent of its membership and all actionstaken shallrequire the affirmative vote of a majority of the membership present and voting with a quorum in attendance. (3) Each Committee, Subcommittee and Task Force shall set its own meeting schedule. (4) In the event a member of a Committee, Subcommittee or Task Force repeatedly failsto attend meetings, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings.

Packet Pg. 194
RC Approved 06/09/19, as amended though 11/03/22 Page 15

ARTICLE V

DISTRICT REPRESENTATIVE APPOINTMENTS, ELECTION PROCEDURES AND

NO CONFIDENCE VOTES
The appointment or election of District Representatives to serve on the Regional Council and the undertaking of a no confidence vote regarding a District Representative shall all be conducted in accordance with the following procedures.

A. District Representative Eligibility ‐ Any elected member of the city council of a city that is a voting‐eligible member of SCAG and that is part of a District may be appointed or elected to serve as a District Representative to the Regional Council if that city council memberisthen serving on the respective city council on the date of the District representative appointment or election.

B. Single‐City District Representative Appointments‐ When a District encompasses only one city or part of only one city (“Single‐City District”), that city shall appoint its District Representative(s) fromamong its city councilmembers by action taken at ameeting ofsaid city council or by any lawful appointment action or process deemed appropriate by the city. Unless otherwise required by the Regional Council, such appointments shall be made during even‐numbered years for even‐ numbered Single‐City Districts and odd‐numbered years for odd‐numbered Singe‐City Districts and shall be fortwo yearsin accordance with Article V A.(2)(b) ofthe Bylaws. The appointment of District Representatives from single‐city Districts shall take place no later than twenty‐eight days prior to the regular meeting of the General Assembly that is held each year unless otherwise required by the Regional Council.

C. Multi–City District Representative Elections ‐ When a District encompasses more than one city (“Multi‐City District”), a maximum of five (5) city council members from each of the voting‐ eligible cities in the Multi‐City District shall be provided the opportunity to vote for the individual who will serve as the District Representative to ensure equity among cities in voting. In a voting‐ eligible city comprised of more than five (5) city council members, the mayor of such city shall appoint a maximum of five (5) members to vote in Multi‐City District Representative Elections.

Multi‐City District Representative Elections shall be conducted in accordance with the following policies and procedures.

Packet Pg. 195
RC Approved 06/09/19, as amended though 11/03/22 Page 16 (1) District Representativesfrom Multi‐City Districtsshall be elected by city council members from the cities in their respective Districts that are voting‐eligible Members of SCAG as defined in Article II of SCAG’sBylaws.
(2) District Representative elections shall be held no later than twenty‐eight days prior to the regular meeting ofthe General Assembly in even yearsfor even‐numbered Districts and in odd years for odd‐numbered Districts unless otherwise required by the Regional Council or in the case of special elections of Districtrepresentatives.
(3) District Representative electionsshall be held: (i) priorto or duringmeetings ofsubregional organizations of the type identified in Article V A.(1)(a)(5) of the SCAG’s Bylaws; or (ii) prior to or at division meetings of the League of California Cites; or(iii) at meeting locations and on meeting dates set by SCAGstaffin cooperationwith the citiesin aDistrictthat are voting‐eligible Membersof SCAG. (4) SCAG staff in consultation with subregional organizations will oversee all District Representative elections and will ensure that all members of the city councils within the District receive written notification two weeks in advance of any District Representative election, including a special election. Appendix A describes the two‐step notification process that is provided to individuals who are eligible to be candidates in District Representative elections and to the cities whose city council members may vote in District Representative elections. (5) For a District Representative election to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in theDistrict.
(6) Nominations from the floor and proxy voting are not allowed. Teleconferencing for the District Representative election is allowed with written notification to all city council membersfrom the cities in the respective District.
(7) District Representatives shall be elected by a majority of the votes of those city council members present with a quorum. In the event of a tie vote, additional balloting shall occur until a District Representative is elected.

Packet Pg. 196
RC Approved 06/09/19, as amended though 11/03/22 Page 17 (8) If there is only one candidate for District Representative that individual shall be declared the District Representative and no election shall berequired.

D. Term of District Representative ‐ The term of office for a District Representative shall be two years in accordance with Article V A. (2) of SCAG’s Bylaws and shall commence in accordance with that same Article of the Bylaws.

E. District Representative Position Declared Vacant ‐ Notwithstanding Article V, Section D. above, if SCAG’s President declares a District representative’s position to be vacant in accordance with Article V A.(2)(a) of the Bylaws, a new appointment (in the case of a single‐city District) or a special election that complies with all of the election policies described in this Article V and Appendix A (in the case of a multi‐city District) shall take place within forty‐five (45) days of the declaration of a position vacancyunlessotherwisespecifiedby SCAGstaff.ADistrictRepresentative whoisso appointed or elected shall assume his/her position immediately upon the appointment or election and shall serve the remainder of the unexpired District Representative term.

F. Notification ‐ Written notification of the appointment or election of a District Representative shall be provided to the SCAG’s Office of the Regional Council within 10 business days of the respective appointment or election.

G. District Representative No Confidence Vote – Article V A.(2)(a) of SCAG’s Bylaws indicates that the position of a District Representative shall be declared vacant by the SCAG President in the event of a no confidence vote undertaken in response to a resolution passed by all the cities in a District that are voting‐eligible Members of SCAG. A no confidence vote by a District shall be conducted in accordance with the following procedures.
(1) A no confidence vote must be held within 30 days of the date on which the final city in the District approves a resolution calling for the no confidence vote. (2) All city council members from all of the voting‐eligible cities in the District must be given the opportunity to participate in a no confidence vote. (3) A no confidence vote shall be held: (i) prior to or during meetings of subregional organizations of the type identified in Article V A (1)(a)(5) of SCAG’s Bylaws; or (ii) prior to or at Packet Pg. 197
RC Approved 06/09/19, as amended though 11/03/22 Page 18 division meetings of the League of California Cites; or(iii) at meeting locations and on meeting dates that are arranged by SCAG staff in cooperation with the voting eligible citiesin the District. (4) SCAG staff will organize the notice and preparation for any no confidence vote and conduct the actual vote and will ensure that all members ofthe voting‐eligible city councils within the District receive written notification two weeks in advance of any no confidence vote. (5) For a no confidence vote to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in the District.
(6) Proxy voting is not allowed.
(7) A no confidence vote shall pass upon the affirmative, majority vote of those city council members present with a quorum.

H. Incumbent District Representatives – Notwithstanding the requirements of this Article V, incumbent District representativesshall retain their positions until the completion of their terms or until their position is vacated by order of the SCAG President.

I. Effective Date of Appointment and Election Procedures ‐The appointments and elections of all District representatives after July 1, 2018 must be conducted in accordance with the procedures of this Article V in this Policy Manual. All appointments and elections prior to July 1, 2018 are to be conducted in accordance with the Regional Council Policy Manual adopted on July 12, 2007 and updated in September of 2009, and the District Representative Election Procedures adopted by the Regional Council on June 2, 2011.

Packet Pg. 198
RC Approved 06/09/19, as amended though 11/03/22 Page 19

ARTICLE VI
THE RALPH M. BROWN ACT: REQUIREMENTS AND SCAG POLICIES
SCAG endeavors to be in full compliance with all aspects of the Ralph M. Brown Act, (Government Code Section 54950 et seq. (herein the “Brown Act”)) in all of its meetings, activities and interactions with the public. Selected parts of the Brown Act are described and discussed in the materials that follow to provide guidance and reminders to SCAG Representatives about the requirements of the Brown Act and the policies that SCAG has implemented to ensure full compliance.

A. Bodies Subjectto the Brown Act – In accordance with Section 54952 of the Government Code, the working entities of SCAG including the General Assembly, the Regional Council, the Policy Committees and generally all of the SCAG committees are “legislative bodies” of local agencies as defined by Section 54952 of the Government Code and their meetings are covered by the Brown Act with respect to matters such as agendas, closed sessions, public participation, etc. However, if an advisory committee is created by a SCAGlegislative body and ifthe advisory committee is comprised of lessthan a quorum of the members of the SCAG legislative body that created it, then the advisory committee is notsubject to the Brown Act, unlessthe advisory committee is a standing committee.

The Brown Act defines a standing committee as one which has continuing jurisdiction over a particular subject matter or if its meeting schedule is fixed by some formal action.by the body that created the committee.

B. Meetings – If a quorum of the membership of one of the legislative bodies of SCAG meetsto hear, discuss or deliberate on any matter that is under the subject matter jurisdiction of the legislative body, then a meeting occurs regardless of whether or not any action is taken, and all notice and agenda provisions of the Brown Act apply. Informal gatherings at lunches or social activities or in other informal settings that involve a quorum or more of the membership of a SCAG legislative body must also meet the requirements of the Brown Act unless the event is open to the public and the members of the legislative body do not discuss among themselves, except as may be part of any scheduled program, issues that are within the subject matter jurisdiction of SCAG.

Packet Pg. 199
RC Approved 06/09/19, as amended though 11/03/22 Page 20 As an added caution, because SCAG has overlapping legislative bodies and committees, the quorum requirements of all applicable SCAG legislative bodies, especially the Executive/Administration Committee with its limited membership/quorum, should be considered whenever the attendance at a SCAG event is being planned to determine if the meeting requirements of the Brown Act are applicable.

C. Serial Meetings – A serial meeting is a series of communications, each of which involve less than a quorum of a legislative body, but which collectively involve at least a quorum of the legislative body and through which concurrence is developed with regard to an action to be taken by the legislative body (see Section 54952.2 of the Government Code). Serial meetings are forbidden by the Brown Act. Caution must be exercised to ensure that briefings by SCAG staff of members of a quorum of a small committee (e.g. Executive/Administrative Committee) do not lead to advance concurrence by the members of the committee about a subsequent action to be taken by the committee.

D. Teleconferencing and Videoconferencing – Section 54953 ofthe CaliforniaGovernment Code sets forth the Brown Act requirements for teleconferencing and videoconferencing at SCAG meetings. SCAG has also established special requirements for the use of teleconferencing and videoconferencing that impose some additional restrictions beyond those of the Brown Act. The most significant aspects of the Brown Act’s requirements along with the specific requirements of SCAG are the following.
(1) All teleconferencing and videoconferencing locations that will be utilized by one or more members of the SCAG legislative body must be identified in the meeting agenda and must be open to the public and include access for people with disabilities. Copies of the agenda of the meeting must be posted at all teleconferencing or videoconferencing locations. Hotel rooms, homes, business offices can all be used as teleconferencing or videoconferencing locations as long as they are identified in the agenda, have the agenda posted at the location and are properly open to the public. An automobile cannot be identified as a teleconferencing location. (2) During a teleconferenced or videoconference meeting, at least a quorum of the SCAG legislative body must be at a location within the boundaries of the SCAG Region.

Packet Pg. 200
RC Approved 06/09/19, as amended though 11/03/22 Page 21 (3) If staff or consultants are to participate at a SCAG legislative body meeting to provide information or to be available to answer questions, the meeting location of such staff do not have to be placed on the agenda and the location does not have to be open to the public. A SCAG staff member can participate in a meeting by calling in from an undisclosed location or a train, bus or car, but such an option is not available to a member of the legislative body. (4) All votes taken at teleconferenced or videoconference meetings must be taken via roll call. (5) SCAG can elect to make additional teleconference or videoconference locations available to the public for any SCAG legislative body meeting. Members of a SCAG legislative body do not have to be present at every teleconference and videoconference location. (6) To facilitate the orderly, timely and expeditious conduct of regular or special meetings of all of SCAG’slegislative bodies, and in consideration of SCAG’s geographically diverse membership, the President may determine, after consultation with the Executive Director, that the General Assembly, Regional Council and any other SCAG committee or body, including but not limited to the Executive/Administrative Committee, will meet using teleconferencing and/or videoconferencing capabilities. Further, and notwithstanding any other provision of this Regional Council Policy Manual, the President may waive, after consultation with the Executive Director and legal counsel, certain provisions of teleconferencing and videoconferencing requirements set forth under Section D.1., D.2. and D.4. of this Article VI, to the extent such waiver(s) is/are permitted by and consistent with applicable law, executive order or any applicable public health order.

E. Regular Meetings – A meeting that occurs at an established time and place set by an action of the Regional Council or other SCAG legislative body is a regular meeting. Notices and agendas for regular meetings must be posted at least 72 hours before the meeting. A regular meeting agenda can be amended as long as the amended agenda is posted 72 hours before the meeting. Items not on the agenda for a regular meeting can be added to the agenda at the meeting upon the affirmative vote of two‐thirds of the representatives/members present or a unanimous vote in the event of attendance of less than two‐thirds of the membership if there is a need to take immediate action on a matter that came to the attention of the SCAG legislative body (including staff) after the 72 hour agenda posting requirement had passed. Emergency matters may also be added to the Packet Pg. 201
RC Approved 06/09/19, as amended though 11/03/22 Page 22 agendas of regular meetings in accordance with the appropriate sections of the Brown Act, but the definition of an emergency matter (e.g. work stoppage, crippling activity, event which impairs public safety or health) means that such items will rarely, if ever, have to be addressed by a SCAG legislative body.

F. Special Meetings – Specialmeetings may be called by the presiding officer of any SCAG legislative body after discussions with the SCAG Executive Director. Any meeting that is set for a time and place other than the time and place established for regular meetings is either a special meeting or an emergency meeting and emergency meetings are unlikely to be necessary for SCAG. Meetings of SCAG legislative bodies that meet infrequently and/or irregularly are special meetings. Notices and agendasforspecial meetingsshould be posted and delivered to every member of the legislative body and to others who have requested copies of such notices at least 24 hours before a special meeting. No business can be conducted at a special meeting except for the matters identified in the special meeting agenda; however, a legislative body can defer action on matters that are listed on the agenda for a special meeting.

G. Public Participation – Every meeting of a SCAG legislative body must include an opportunity for members of the public to address the legislative body on any matter under the subject matter jurisdiction of the body. If the public comments are to be made in connection with an item on the agenda, time for the comments must be provided before the consideration of the item. As allowed by the Brown Act, the comments of members of the public at meetings of SCAG legislative bodies will generally be limited to three minutes, but this limit may be reduced by the presiding officer after consideration of the number of speakers and the time constraints of the agenda as long as any time limitations are fairly identified and implemented and not used restrict speech content.

H. Meeting Disruptions – In accordance with Section 54957.9 of the Government Code, if a SCAG meeting is “willfully interrupted” and the “orderly conduct of the meeting” becomes unfeasible and if order cannot be restored by removal of the individuals who are disrupting the meeting, the presiding officer of the legislative body may order the meeting room cleared so that the meeting can be continued. Representatives of the press, if not participating in the disruption, may be allowed to attend the continued meeting session.

Packet Pg. 202
RC Approved 06/09/19, as amended though 11/03/22 Page 23 I. Confidential Information from Closed Sessions – Section 54963 of the Government Code prohibits the distribution of any confidential information acquired by a person in attendance at a closed session of a SCAG legislative body. However, in accordance with Government Code section 54956.96, an Official Representative or Alternate of the General Assembly or a representative of a Member of the Regional Council or a member of a SCAG committee may disclose such confidential information to selected individuals if the information has financial or liability implications for the SCAG Member whose representative on the SCAG legislative body obtains the information. The individuals to whom the confidential information may be disclosed are: (1) legal counsel for the SCAG Member for the purpose of obtaining advice on the financial or liability implications of the confidential information; and (2) members of the legislative body of the SCAG Member who are present in a closed session meeting of that legislative body (e.g. city council).

Packet Pg. 203
RC Approved 06/09/19, as amended though 11/03/22 Page 24

ARTICLE VII

RULES OF PROCEDURE FOR THE CONDUCT OF MEETINGS
A. Agendas ‐ The President of SCAG in the case of the Regional Council or the Chair of every SCAG Committee, Subcommittee and Task Force (which with the Regional Council are collectively referred to herein as “legislative bodies” or individually as “legislative body”) shall approve the agenda for every respective meeting based on guidance from the SCAG Executive Director and SCAG staff. Members of a SCAG legislative body may request that an item be placed on a subsequent meeting agenda during the designated part of a meeting. Should the presiding officer of a meeting refuse to approve inclusion of the requested agenda item, the member making the request may appeal that ruling to the Executive/Administration Committee, which shall consider the matter at the next regular meeting after the agenda item requested was refused by a presiding officer. Although agendas may list agenda items separately as “Action” or “Discussion” or “Information”, the SCAG legislative bodies may take action on any item or matter listed on an agenda and such shall be noted on every agenda of each of the SCAG legislativebodies.

B. Meeting Schedules ‐ All meetings of SCAG’s legislative bodies shall comply with the Ralph M.

Brown Act (Government Code 54950 et seq.) and shall be open to the public except when closed sessions are necessary for confidential discussions as allowed by the Brown Act. The meetings will start no earlier than the time identified in each meeting notice and agenda. Members of the public who wish to speak will be asked (but not required) to complete a request card to assist in the organization of all public comments. The time allocated for public comments will generally be early in a meeting agenda but comments relating to a specific agenda item may be heard immediately before said agenda item. All public comments should be addressed to the presiding officer of a meeting and not to a specific member of the legislative body.

C. Advertising Presentations – No person shall be allowed to make a presentation or provide a report to the Regional Council that is for the purpose of advertising. “Advertising” for the purposes of this Policy Manual is defined as “promoting by making known, drawing attention to, publicly proclaiming or making conspicuous any item, service, project, development, or thing for financial Packet Pg. 204
RC Approved 06/09/19, as amended though 11/03/22 Page 25 benefit. This prohibition is not intended to prevent or preclude any person from addressing any SCAG legislative body during a public comment period to express his/her views or opinions on any matter within the subject matter jurisdiction of the SCAG legislative body. The presiding officer of any meeting will determine if a speaker’s remarks fall within the prohibition described earlier and may request that the speaker refrain from offering further remarks in such cases.

D. Rules of Order – SCAG’s Rules of Order, which are summarized in Appendix B and described in the sections that follow, shall be supplemented and interpreted in accordance with the most recent version of Rosenberg’s Rules of Order, which are presented in Appendix C of this Policy Manual. In the event of a difference between Rosenberg’s Rules of Order and SCAG’s Rules of Order, the direction offered by SCAG’s Rules of Order shall prevail.

E. Role of the Presiding Officer ‐ The presiding officer, assisted by legal counsel or SCAG staff when available, shall be well versed in the rules of parliamentary procedure since the presiding officer shall apply such rules throughout the conduct of a meeting and shall make a final ruling based on those rules whenever an action is taken. All decisions by the presiding officer are final unless the presiding officer is overruled by the legislative body itself. The presiding officer will generally play a less active role in any debate or discussion; however, the presiding officer has a right to participate fully in all debates, discussions and decisions. Generally, the presiding officer should not make a motion; or second a motion, unless it appears that no other member of the legislative body is likely to do so.

F. Agenda Item Discussion and Request for Motion ‐ The presiding officer should introduce each agenda item and explain whether action will be required regarding the item or if it is for information only. The presiding officer should then invite the appropriate person or persons to report on the item and explain any recommendation that is being made. The presiding officer should then ask for questions or comments from members of the legislative body. If members of the public wish to make comments on the item and did not do so during the general public comment period, they will be afforded the opportunity to do so at this time.

Packet Pg. 205
RC Approved 06/09/19, as amended though 11/03/22 Page 26 After all comments have been offered, the presiding officer should invite a motion if action is required on the item. After a motion is made, the presiding officer should identify the name of the individual making the motion and call for a second to ensure that there is sufficient support for the motion to make a vote be necessary. If there is a second, the presiding officer should name the individual making the motion and then call for a vote. If there is no second, the presiding officer may announce that the motion has failed for lack of a second and ask if another motion is to be offered.

The presiding officer has the discretion to call for a vote without a second. Such an approach may be used when the legislative body is facing serious time constraints or support for considering the motion is obvious.

Before proceeding further, the presiding officer should ensure that the legislative body understands the motion. If appropriate, and to avoid confusion, the presiding officer may repeat the motion, or ask the maker of the motion to repeat the motion, or ask a staff member or legal counsel to repeat the motion.

Immediately prior to a vote, the presiding officer should invite discussion among any interested members of the legislative body. When the discussion has ended, the presiding officer should call for a vote. If the discussion has been lengthy, the presiding officer may again repeat the motion to ensure that all members of the Legislative Body understand themotion.

G. Voting ‐ For large committees, and the Regional Council and the General Assembly, SCAG employs an electronic voting system that requires members of the Legislative Body to be logged‐in to be able to cast a vote. Members who leave a meeting prior to a vote are required to log out.

The electronic voting system used by SCAG records all votes, including the names ofmembers and their votes and the vote results with member names will be included in the minutes of the meeting.

For smaller committees, it is not possible for SCAG to effectively employ electronic voting.

Members of such a small committee will be asked by the presiding officer to indicate their vote by a show of hands or by verbally indicating “aye,” “nay” or “abstain.” As with electronic voting, the names of all members who voted and their vote will be included in the minutes of the meeting.

Packet Pg. 206
RC Approved 06/09/19, as amended though 11/03/22 Page 27 The number of affirmative votes needed to pass or approve a motion are identified in SCAG’s Bylaws or in Article IV of this Policy Manual.

When electronic voting is used, voting members of a legislative body must ensure that their vote is properly recorded by viewing the scrolling display of the votes that will be shown on the viewing screen immediately after the vote is tabulated. If an error occurs, the involved voting member should immediately identify the error to the presiding officer who will consult with legal counsel to determine if the error can be corrected in the official vote tally. Generally, a voting error can immediately be corrected in the official vote tally if identified prior to the presiding officer announcing the next item on the agenda. However, if an error is identified by a voting member after the next item has been announced by the presiding officer or upon the recommendation of legal counsel, the presiding officer may order that any attempt to address the identified error be handled through a Motion for Reconsideration or a Motion to Suspend a Rule, both of which are subsequently described in this Article.

When electronic voting equipment is not employed because of equipment problems or any other reason, voting may be done by a show of hands, a roll call vote, or any other method announced by the presiding officer as long as it is possible for the SCAG clerk or staff member recording the vote to tabulate the name and vote of every voting member of the legislative body.

Such tabulation is required for compliance with the Brown Act.

H. Three Basic Motions and Friendly Amendments‐ A main motion is used to put forth a matter for an action by the legislative body. A motion to amend is used if a member of a legislative body wishes to propose a changed or modified main motion. A substitute motion is used if a member of the legislative body wishesto replace the main motion with a different motion. The presiding officer shall determine if a motion is a motion to amend or a substitute motion. However, a substitute motion that simply proposes the opposite of the main motion may cause unnecessary delay and confusion and may be ruled to be out of order by the presiding officer.

A friendly amendment may be used to save time and occurs when a member of the legislative body suggests an amendment (usually minor) to the main motion and the members who made and Packet Pg. 207
RC Approved 06/09/19, as amended though 11/03/22 Page 28 seconded the main motion agree to the friendly amendment. If eitherthe maker of the main motion or the member who seconded it rejects the friendly amendment, then the proposer may formally move to amend the main motion.

I. Multiple Basic Motions‐ The presiding officershall allow no more than three basic motions to be under consideration by a legislative body at one time. If an additional basic motion is offered, the presiding officer shall rule it as being out of order until all three of the basic motions that are before the legislative body have been resolved.

In addressing multiple basic motions, the presiding officer shall proceed with the last motion first.

If a substitute motion or a motion to amend passes,such action renders moot the motion for which there was a proposed substitution or the motion for which there was a proposed amendment. If a substitute motion or a motion to amend fails, then the prior motion must be votedupon.

J. Motions regarding Pending Basic Motions ‐ The following motions if properly made and, at the discretion of the presiding officer, seconded, must be addressed before any action is taken on any of the basic motions that are pending before the legislative body. They are not debatable and may be passed by the number of affirmative votes identified in the SCAG Bylaws. (1) A motion to lay on the table, if passed, temporarily suspends any further discussion of the pending basic motion. The motion can contain a specific time at which the item and the related basic motion can be brought back to the legislative body or the motion may contain no specific time for the item to be returned.
(2) A motion to return is used to bring back to the legislative body a basic motion that was tabled without a specific return date. The legislative body must approve such a motion before discussion of the tabled basic motion can resume. A motion that was tabled without a specific return date dies if it is not returned to the legislative body by the end of the next regular meeting of the legislative body.
(3) A motion to move or call the question, if passed, immediately brings the matter being considered by the legislative body to a vote by suspending any further discussion or debate. The presiding officer can expedite matters by treating this motion as a “request” by asking if anyone in Packet Pg. 208
RC Approved 06/09/19, as amended though 11/03/22 Page 29 the body wishes to continue the discussion. If no one does, then a vote on the matter can immediately be taken without the need for a vote on the motion to call the question. (4) A motion to limit or extend the limit of debate, if passed, places a limit on the time allowed for discussion and debate of the pending basic motion or extends the time allowed for discussion and debate.
(5) A motion to object to consideration of an item, if passed, prevents an item on the agenda from being discussed.
(6) A motion to commit or refer, if passed, refers the matter to staff, a committee or a commission for further study. The motion may contain directions for the staff, committee or commission, as well as a date upon which the matter will be returned to the legislative body’s agenda.

K. Motions of Courtesy and Convenience
(1) Any voting‐eligible member of a legislative body may call for the agenda to be followed in the stated order. No second or vote is required and the presiding officer should return discussion to the proper agenda item. Any decision by the presiding officer to return to a specific agenda item or not return to a specific item can be appealed.
(2) Any voting‐eligible member of a legislative body may make a motion for a recess. At the discretion of the presiding officer, a second may be required. The motion is not debatable. The presiding officer determines the length of the recess.
(3) Any voting‐eligible member of a legislative body may make a motion to adjourn immediately or at a specific time, even if there is business pending. At the discretion of the presiding officer, a second may be required. The motion is not debatable. (4) Any voting‐eligible member of a legislative body may request that the presiding officer follow SCAG’s Rules of Order by raising a point of order. No second is required and no debate is allowed. The point of order shall be ruled upon by the presiding officer and the ruling of the presiding officer can be appealed.

Packet Pg. 209
RC Approved 06/09/19, as amended though 11/03/22 Page 30 (5) Any voting‐eligible member of a legislative body may make of point of privilege to request that the presiding officer address a matter relating to the normal conduct of the meeting such as the volume of the microphones or the replaying of a video. No second is required. The ruling of the presiding officer can be appealed.
(6) Should any voting‐eligible member of a legislative body be dissatisfied with a ruling from the presiding officer, the member may make a motion to appeal the ruling. A second may be required at the discretion of the presiding officer and debate is allowable. (7) Any voting‐eligible member of a legislative body may make a motion to suspend a rule of the legislative body in order to accomplish an action that would otherwise violate the rule. At the discretion of the presiding officer, a second may be required and debate is allowable. (8) In order to avoid confusion, the presiding officer may divide the subject matter of a motion into several parts and direct discussion and voting on each of the separate parts. Additionally, any voting‐eligible member of a legislative body may make a motion to divide the question into separate parts for discussion and voting. At the discretion of the presiding officer, a second may be required for such a motion. Debate is not allowed.
(9) Except where prohibited by federal or state law or regulation, at the same meeting but no later than the next regular meeting of a legislative body, the legislative body may reconsider any vote taken in order to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. A motion to reconsider must be made by a voting‐eligible member of the legislative body who voted on the prevailing side in the earlier vote. A second is required at the discretion of the presiding officer and the motion is debatable. Any voting‐eligible member of the legislative body may second the motion. The motion to reconsider requires the number of affirmative votes specified in the SCAG Bylaws for all regular voting matters, regardless of the number of votes required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over the pending matters and any special voting requirements related thereto still apply. After all basic motions associated Packet Pg. 210
RC Approved 06/09/19, as amended though 11/03/22 Page 31 with an item have been voted upon or rendered moot, action on the item is deemed closed subject to a proper motion for reconsideration.
(10) During the debate and discussion of a basic motion, the maker of the motion may withdraw the motion. The basic motion should immediately be considered to be withdrawn; however, the presiding officer may ask the member who seconded the motion if he might wish to make the motion. In addition, any other voting‐eligible member of the legislative body may make the same motion that was withdrawn.
(11) Any voting‐eligible member of a legislative body may make a motion to require a roll call vote on any matter before the legislative body. A second may be required at the discretion of the presiding officer. Such a motion is not debatable.

L. Courtesy and Decorum ‐ The presiding officer and the members of a legislative body must maintain courtesy and decorum throughout every meeting. Only one member should have the floor at a time and it is always best for a speaker to be recognized by the presiding officer before proceeding to speak. The presiding officer should ensure that all debate and discussion focus on each particular agenda item and not on personalities. The presiding officer should stop any discussion that is inappropriate. Although discussion and debate are appropriate, the presiding officer may find it necessary to limit both in the interests of time.

Packet Pg. 211
RC Approved 06/09/19, as amended though 11/03/22 Page 32

ARTICLE VIII

STIPENDS AND EXPENSE REIMBURSEMENTS
A. General Stipend Payment Policy
(1) The payment for a stipend of one hundred twenty dollars (hereinafter “Stipend”) will be calculated and authorized by the Office of Regional Council Support based on attendance records, attendance sheets or submitted expense reimbursement forms. (2) Requests for Stipend payments must be received by the Office of Regional Council Support no laterthan 30 days afterthe close of the fiscal yearfor which the Stipend payments are requested.

B. Stipends for Representatives of Regional Council Members and SCAGOfficers (1) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for attendance at SCAG‐sponsored meetings or events (such as, the General Assembly, Regional Council meetings, Economic Summit, Demographic Workshop, etc.) or other SCAG business activities. A Stipend will be authorized for each day of actual attendance at such SCAG‐sponsored meetings or activities. Stipends for business travel on behalf of SCAG meetings or activities will be authorized for days on which actual business is conducted and not for days that are devoted solely to travel. With regard to multiple meetings on a single calendar day, a Stipend will be authorized for attendance at every meeting that is at a different address. A request for a Stipend payment must be made in writing and contain information on the date, time, location and purpose of any such meeting and be submitted to the Office of Regional Council Support. Such requests must be approved by the SCAG President or SCAG’s Executive Director or his/her designee. Attendance at SCAG‐sponsored meetings or activities shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or a the submittal of an expense reimbursement form to the Office of Regional Council Support. (2) Representatives of Regional Council Members and SCAG Officers shall receive only one Stipend for attendance at one or both of the monthly Regional Council meeting and the same day meeting of the individual’s assigned SCAG Policy Committee (or a joint meeting of all of the Policy Packet Pg. 212
RC Approved 06/09/19, as amended though 11/03/22 Page 33 Committees). Attendance will be demonstrated by the individual’s signature on the attendance forms for the Regional Council and the Policy Committee. (3) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for meetings (including those over the telephone and those involving video‐ or teleconferencing) that are scheduled by SCAG’s President or by SCAG’s Executive Director or his/herdesignee. (4) Representatives of Regional Council Members may receive up to six Stipends per month and the SCAG President may authorize two additional Stipends in a single month on a case‐by‐case basis. SCAG’s First Vice President, Second Vice President and Immediate Past President may receive up to nine Stipends per month. SCAG’s President may receive up to twelve Stipends per month.

Approval by the Regional Council is required for payment of any Stipends in excess of the limits identified herein.

C. Stipends for Other Elected Officials and Individuals serving in an Ex Officio Capacity (1) Other elected officials (i.e. those not serving as a representative of a Regional Council Member) serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a Policy Committee, Committee, Subcommittee or Task Force meeting.
(2) Other elected officials serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a meeting (including those over the telephone or those involving video‐ or teleconferencing) when the attendance of the elected official isrequested by the SCAGPresident or SCAG’s Executive Director or his/her designee. (3) Attendance at all such meetings shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or the submittal of an expense reimbursement form to the Office of Regional Council Support. Other elected officials may receive up to four Stipends per month.
(4) Individuals serving in an ex officio capacity in any SCAG body including the Regional Council shall not be eligible for stipends or for the reimbursement of travel expenses (except for certain General Assembly expenses discussed elsewhere in this Policy Manual). (5) Notwithstanding subsection C(4) of this Article VIII, the representative from the Packet Pg. 213
RC Approved 06/09/19, as amended though 11/03/22 Page 34 private/business sector appointed by the President to serve on both the Regional Council and Executive/Administration Committee as an ex officio member is eligible to receive a Stipend (pursuant to the process provided in Article VIII.B) and reimbursement of travel expenses (as provided in Article VIII.F) for attending up to four (4) meetings per month consisting of the Regional Council, the Executive/Administration Committee, the General Assembly, the Economic Summit, and other SCAG events as the President or Executive Director may specifically request.

D. Special Conditions for Stipends for the General Assembly (1) A representative of a Regional Council Member or a SCAG Officer or an elected official serving on a SCAG Policy Committee shall receive a Stipend for attendance at the General Assembly regardless of whether or not the individual serves as an Official Representative or Alternate at the General Assembly.
(2) Stipends are not provided to Official Representatives or Alternates at the General Assembly unlessthose individuals are either a representative of a Regional Council Member or a SCAG Officer or a member of a SCAG Policy Committee.
(3) Stipends for attendance at the General Assembly are not provided to individuals who serve in an ex officio capacity at the General Assembly; however, registration fees, hotel charges, parking costs and meal costs may be billed directly to SCAG or reimbursed if within the limits of this Article VIII.

E. General Travel Policy
(1) SCAG endeavors to maintain an accountable and cost‐effective travel policy. Such a travel policy must satisfy the following requirements: (a) be only business related; (b) use the most cost‐ effective travel options; (c) comply with all applicable SCAG requirements; (d) substantiate expenses as required; (e) return unspent advanced amounts or unused tickets or travel vouchers; and (f) mandate timeliness, accuracy and honesty in the reporting of all travelexpenses. (2) Whenever reasonably possible, travel to SCAG meetings should be avoided if teleconferencing or videoconferencing is available for a meeting. (3) Requests for travel reimbursement must be received by the Office of Regional Council Support no later than 30 days after the close of the fiscal year in which the travel costs were Packet Pg. 214
RC Approved 06/09/19, as amended though 11/03/22 Page 35 incurred.
(4) The Executive Director or his/her designee shall review all requests for travel reimbursements.

F. Travel Policy for Representatives of Members of the Regional Council and SCAGOfficers (1) Representatives of Regional Council Members and SCAG Officers who attend meetings on behalf of SCAG are eligible to receive travel reimbursement for: (a) actual costs of airplane, bus, train, rental car, shuttle, taxi or car service (e.g. Lyft); (b) miles travelled using a personal automobile; and (c) actual parking expenses. Mileage will be reimbursed at the prevailing federal reimbursement rate. Distances will be calculated based on the travel distance from the representative’s seat of government and the meeting location. An airplane, taxi, car service or rental carshould be used only if isthe best alternative considering both cost and time. Taxi,shuttle and car service gratuities should not exceed 15%. Parking at SCAG’s Los Angeles office will be validated.
(2) International travel always requires advance approval of the Regional Council. (3) SCAG representatives of Regional Council Members and SCAG Officers should, whenever possible, use SCAG staff to arrange all air travel. Only economy air travel is allowed. Except for air travel, whenever possible representatives of Members of the Regional Council and SCAG Officers should make their own surface travel and lodging arrangements and obtain reimbursement from SCAG for all expenses incurred. If SCAG representatives make their own air travel arrangements and if the cost of airfare significantly exceeds costs regularly paid by SCAG for air travel, approval of SCAG’s President will be required before reimbursement will be made. (4) The cost of alcoholic beverages cannot be claimed for reimbursement. Meal allowances will not be paid if mealservice is provided by SCAG (e.g. lunch at meetings of the Regional Council). The following allowances for meals and incidentals, or 150% (one‐hundred fifty percent) of the reimbursement amounts approved by the State of California, whichever is higher and which include an allowance for gratuities, shall apply and be reimbursed without receipts. Higher amounts may be approved by the Regional Council in the case of internationaltravel. a. Breakfast costs of $10.50 if away from home or if travel begins from home to a meeting that Packet Pg. 215
RC Approved 06/09/19, as amended though 11/03/22 Page 36 starts at 10AM or earlier.
b. Lunch costs of $16.50.
c. Dinner costs of $34.50 if away from home or if the travel begins from home to a meeting that starts at or before 4PM and ends at or after 7PM.
d. Incidental costs of $5 for each day involving an overnight stay away fromhome. (5) Lodging is reimbursable at the applicable government rate plus taxes if: (a) required for trips outside of the SCAG Region; (b) an individual is required to travel 75 miles or more one way for a SCAG‐related activity that begins at 10 AM or earlier; or (c) an individual is required to attend a SCAG‐related activity that begins at 1 PM or later and is required to attend a SCAG‐related activity the following day that begins at 10 AM or earlier. If government lodging rates do not appear to be available, assistance should be requested from SCAG staff, if possible, to avoid paying above government rates. Lodging charges that are more than double standard government rates for the locale of the lodging will require approval of the SCAG President before reimbursement can be made.
(6) All travel costs must be fully documented, as required, with receipts identifying the date and time the expenses were incurred, the location and the purpose of the travel or expense. The SCAG President or SCAG’s Executive Director or his/her designee must approve travel reimbursement requests without receipts in the case of lost or partialreceipts.

G. Travel Policy for Other Elected Officials and/or Appointed Members of SCAG Committees and Task Forces
(1) Other elected officials (those not serving as Representatives of Regional Council Members) and appointed members of SCAG committees and task forces will generally not be asked to travel on behalf of SCAG except for meetings within the SCAG Region. The provisions of Section F above shall apply to any travel outside of the SCAG Region that is requested by SCAG. (2) Other elected officials and appointed members of SCAG committees may be reimbursed for travel expenses to meetings held within the SCAG Region if they are not reimbursed or provided a stipend from a public agency other than SCAG. Reimbursement will be limited to: (a) parking validation or actual parking costs; and (b) costs of round‐trip public transportation or round‐trip Packet Pg. 216
RC Approved 06/09/19, as amended though 11/03/22 Page 37 mileage at the prevailing federal mileage reimbursement rate. All such travel reimbursement requests will require complete documentation of all expenditures and will be approved by the SCAG President or SCAG’s Executive Director or his/her designee. Travel reimbursement requests that do not have appropriate documentation must be approved by the SCAG President or SCAG’s Executive Director or his/her designee.

Packet Pg. 217
RC Approved 06/09/19, as amended though 11/03/22 Page 38

ARTICLE IX

APPROVAL AND REPORTING THRESHOLDS AND DELEGATION OF

APPROVAL AUTHORITY
The following paragraphs identify those items that require approval by or reporting to the Executive/Administration Committee and the Regional Council and describe the process by which the Regional Council and the Executive Director may delegate approval authority to identified individuals.

A. Contracts ‐ Any SCAG contract valued at or above $500,000 must be approved in advance by the Executive/Administration Committee and the Regional Council. Any SCAG contract valued at more than $25,000 but less than $500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the contracts by SCAG’s Executive Director or his/her designee.

B. Contract Amendments – Any amendment to a SCAG contract, whose value alone or when added to all prior amendments either (1) causes the total contract value to cross the $500,000 threshold, or (2) exceeds $150,000 and 30% of the initial contract value, must be approved in advance by the Executive/Administration Committee and the Regional Council. Any amendmentto a SCAG contract whose value alone or when added to all prior amendments exceeds $5,000 but is lessthan $150,000 and 30% of the initial contract value must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the amendments by SCAG’s Executive Director or his/herdesignee.

C. Purchase Orders ‐ Any SCAG purchase order valued at or above $500,000 must be approved in advance by the Executive/Administration Committee and the Regional Council. Any SCAG purchase order valued at more than $5,000 but less than $500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the purchase order by SCAG’s Executive Director or his/her designee.

Packet Pg. 218
RC Approved 06/09/19, as amended though 11/03/22 Page 39 D. Fines and Penalties – Payment of any fine or penalty imposed upon SCAG in an amount equal to or greater than $10,000 must be approved before payment by the Executive/Administration Committee and the Regional Council.

E. Claims and Litigation Matters – All claims made against SCAG and all litigation threats and lawsuits filed against SCAG must be reported to the Executive/Administration Committee and the Regional Council as soon as practical and before any significant SCAG response is undertaken.

Litigation initiated by SCAG shall not commence without the approval of the Executive/Administration Committee and the Regional Council. Unless otherwise directed by the Regional Council, all claimand litigation settlements negotiated on behalf of SCAGmust be approved by the Executive/Administration Committee and the RegionalCouncil.

F. Employee Settlements – The Executive Director or his/her designee may negotiate and approve employee termination settlements whose value does not exceed 12 months of salary and related benefits and which must be in accord with applicable state law. Settlementsin excess ofthis limit shall require approval by the Executive/Administration Committee and the Regional Council.

G. Grant Applications – The Executive Director or his/her designee is authorized to submit grant applications to funding agencies for projects or activities that are consistent with SCAG’s Mission.

H. Delegation of ApprovalAuthority by the Regional Council – By formal action taken at a regular or special meeting, the Regional Council may delegate to the Executive/AdministrationCommittee or the Executive Director any of the approval authorities assigned to the Executive/Administration Committee and the Regional Council and described in thisArticle.

I. Approval Authority of the ExecutiveDirector
The Executive Director is authorized to approve on behalf of SCAG all matters and items described in this Article that are below the thresholds requiring Executive/Administration Committee and Regional Council approval or that are delegated to the Executive Director by the Regional Council.

The Executive Director, in writing, may delegate to the Chief Operating Officer or any other SCAG Director or Managerthe authority to approve any itemfor which the ExecutiveDirector has approval authority.

Packet Pg. 219
RC Approved 06/09/19, as amended though 11/03/22 Page 40

ARTICLE X

CALIFORNIA PUBLIC RECORDSACT
A. General ‐ SCAG is committed to transparency and to the complete and timely implementation of the requirements of the California Public Records Act (California Government Code Section 6250 et seq.). Accordingly, it is the policy of SCAG to respond to a request for a copy of a reasonably‐ described, identifiable public record with minimal delay and, in accordance with the timelines identified in the law unless the law provides an exemption from disclosure. SCAG staff shall work with any requesting party to assist in identifying public records. Only legal and reasonable restrictions shall be placed on requests for voluminous classes of documents or documents in electronic formats.

B. Compilations – SCAG is not required to develop a list or record from an existing record or database or to develop a new record in order to respond to a request. SCAG shall endeavor to providematerials available froma database to satisfy a request butshall not committhe expenditure of resources to supply materials beyond what is required by law.

C. Digital Imagery Data – Requestors who seek digital imagery data that has been collected or prepared under SCAG’s oversight or controlshall be provided with paper copies of the data in order to ensure that the accuracy of the data is maintained. If such data is requested in an electronic format, SCAG may condition the release of the data on a written agreement that will prohibit the resale or publishing of the data.

D. Exempt Records – Requests for records that are determined by SCAG to be confidential, privileged or otherwise exempt from disclosure shall be denied. SCAG shall make available reasonably segregated non‐exempt portions of records when possible and if requested to do so.

E. Requeststo Inspect Files – Public Recordsshall be open to inspections during SCAG’s business hours at SCAG’s headquarters in downtown Los Angeles. An appointment should be requested in writing along with a description of the records to be inspected. SCAG staff shall take those steps necessary to ensure that no inspected records are altered,removed or destroyed. If photocopies of Packet Pg. 220
RC Approved 06/09/19, as amended though 11/03/22 Page 41 inspected records are required, SCAGstaffshall arrange forthe copiesto bemade and provide them within 10 business days.

F. Fees – The Public Records Act allows SCAG to be reimbursed for the direct costs of providing copies of public records. The Chief Finance Officer of SCAG shall determine the feesthat are allowed by law and such fees will be due and payable in advance. Such fees may be waived or reduced at the discretion of the Executive Director or the Chief Financial Officer.

G. Public Records in Private Email Accounts or on Private Electronic Devices – The California Supreme Court has determined that emails and text messagesrelated to the conduct of the public’s business sent and received on the private electronic devices of public officials, employees and contractors are subject to disclosure as public records under the California Public Records Act.

Communicationsthat are primarily personal and contain no more than incidental discussions of the business of SCAG are not public records. Communications that are in the possession of a SCAG contractor may be considered owned by SCAG and in SCAG’s constructive possession based on the terms of the contractual relationship between SCAG and the contractor. Until and unless further guidance is provided by the courts, when SCAG receives a request for public recordsthat may reside on the electronic device of a public official, employee or a SCAG contractor, SCAG will communicate the request to such individuals along with guidance on the requirements of the California Public Records Act and the time constraints associated with the request. SCAG will then reasonably rely upon such public official, employee or contractor to search his/her own personal files and devices and provide any public records to SCAG in timelyfashion.

H. Public Record Requests Applicable to SCAG Representatives – When SCAG receives a public record request applicable to one or more SCAG Representatives, SCAG staff shall, to the extent allowed by law or regulation, provide notice of the request to the involved SCAG Representatives and provide a copy of anymaterialsto be provided in response to the public record requestif desired by the involved SCAG Representatives.

Packet Pg. 221
RC Approved 06/09/19, as amended though 11/03/22 Page 42 Appendix A

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

DISTRICT REPRESENTATIVE ELECTION PROCEDURES
The notice for SCAG Regional Council District Elections is a two‐step process.

1. First Notice: Call for Candidates
All elected members of a city council in a city that is a voting‐eligible member of SCAG and that is within the boundaries of a District are eligible candidates for District Representative.

The First Notice is a call for candidates, notifying interested elected officials in the District to submit their name as a candidate for the District representative seat. SCAG staff will communicate the First Notice to all eligible candidates for a District Election at least 30 days in advance of the District Election and identify the date, time and location of the District Election. SCAG staff shall also communicate the First Notice to the city managers and city clerks of the cities within the respective District, as well as the District’s subregional organization.

The First Notice may be communicated by electronic means or U.S. Mail.

The First Notice will identify a contact point within SCAG for all communications regarding the District Election.

Eligible elected officials who intend to be candidates for a District Election must notify the identified SCAG contact point in writing or by electronic communications no later than fourteen days after the date of the First Notice, or by the date specified in the FirstNotice.

2. Second Notice: Identification of Candidates
Once the candidate notification period has ended, SCAG staff will provide a Second Notice to all elected members of the city councils from cities that are voting‐eligible members of SCAG and within the boundaries of the District.

Packet Pg. 222
RC Approved 06/09/19, as amended though 11/03/22 Page 43 The Second Notice will identify all of the candidates and confirm the date, time and location of the District Election.

The Second Notice will also be sent to city managers and city clerks of the cities in the District, as well as the District’s subregional organization. The Second Notice shall be sent by electronic communications or U.S. Mail by SCAG Staff and will request that a District Election Notice be posted in accordance with the requirements of the Brown Act.

Other District Election Guidelines
District Elections will be scheduled by SCAG staff in cooperation with the citiesin each District.

District Elections shall be held in conjunction with meetings of subregional organizations or the League of California Cities or at other times and locations identified by SCAG staff working in cooperation with the cities in a District.

District Representatives shall be elected by a majority of the votes of those city council members present from voting‐eligible cities with a quorum.

A quorum shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in a District. For example, if District X is comprised of six member (6) cities, then at least one (1) local elected official from four (4) of the member cities within District X must be present to constitute a quorum. When a quorum is present, the election may be conducted.

Nominations from the floor shall not be permitted.

Proxy voting and teleconferencing are not allowed.

In the event of a tie vote, additional balloting shall occur until a District Representative is elected.

Elected officials from cities that are not voting‐eligible members of SCAG cannot vote and cannot be candidates for District Representative positions.

If there is only one candidate, that individualshall be declared the District Representative and no election will be required.

Packet Pg. 223
RC Approved 06/09/19, as amended though 11/03/22 Page 44 Special election are elections resulting from a vacancy of the District representative seat.

These procedures may be followed for special elections of District representatives, but may be revised by SCAG staff based upon the circumstance. For example, the timing of the two‐step noticing process set forth herein may be shorted by SCAG staff, as necessary.

Packet Pg. 224
RC Approved 06/09/19, as amended though 11/03/22 Page 45 Appendix B
SUMMARY of SCAG’s RULES OF ORDER
Three (3) Basic Motions
Main Motion
Motion to Amend Main Motion
Substitute Motion
Friendly Amendments must be accepted by maker of motion and seconder.

No more than three (3) Basic Motions under consideration at one time.

Motions Regarding Pending Basic Motions (no debate – seconds at discretion of presiding official) Motion to Lay on the Table
Motion to Return from the Table
Motion to Call the Question
Motion to Limit or Extend Debate
Motion to Object to Consideration of an Item
Motion to Refer
Courtesy and Convenience Motions
Call for Agenda to be Followed (no debate, no second required) Motion for Recess (no debate, second discretionary)
Motion to Adjourn (no debate, second discretionary)
Point of Order (no debate, no second required)
Motion to Appeal a Ruling (debate allowed, second discretionary) Packet Pg. 225
RC Approved 06/09/19, as amended though 11/03/22 Page 46 Motion to Suspend a Rule (debate allowed, second discretionary) Motion to Divide a Question (no debate, second discretionary) Motion to Reconsider (no later than next meeting, made by voter on prevailing side, second discretionary, debate allowed)
Motion for Roll Call Vote (no debate, second discretionary) Motion to Withdraw (no debate, no second, others may make withdrawn motion)
Packet Pg. 226
RC Approved 06/09/19, as amended though 11/03/22 Page 47 Appendix C
ROSENBERG’s RULES OF ORDER
Packet Pg. 227

MAIN OFFICE
900 Wilshire Blvd., Ste. 1700,
Los Angeles, CA 90017
Tel: (213) 236-1800

IMPERIAL COUNTY REGIONAL OFFICE
1503 North Imperial Ave., Ste. 104
El Centro, CA 92243
Tel: (213) 236-1967

ORANGE COUNTY REGIONAL OFFICE
OCTA Building
600 South Main St., Ste. 741
Orange, CA 92868
Tel: (213) 236-1997

RIVERSIDE COUNTY REGIONAL OFFICE
3403 10th St., Ste. 805
Riverside, CA 92501
Tel: (951) 784-1513

SAN BERNARDINO COUNTY REGIONAL OFFICE
Santa Fe Depot
1170 West 3rd St., Ste. 140
San Bernardino, CA 92418
Tel: (213) 236-1925

VENTURA COUNTY REGIONAL OFFICE
4001 Mission Oaks Blvd., Ste. L
Ventura, CA 93012
Tel: (213) 236-1960
SCAG.CA.GOV
Packet Pg. 228 PLEASE RECYCLE // AJ2 REPORTS

DISCUSSION
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Edelia Eveland, Assistant City Manager;
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Adoption of Resolution No. 2023-019 Appointing an Interim City Manager and approving an employment
agreement. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023.

Background
On December 7, 2022, the Mayor and City Council accepted the resignation of Robert D. Field from his position as City Manager for the City of San Bernardino. The position of City Manager became vacant on January 17, 2023. A special closed session meeting was held on December 14, 2022, where the Mayor and City Council gave direction to staff to open an Interim City Manager recruitment. The recruitment was opened on December 19, 2022, and closed on January 6, 2023, at 5:00 p.m. The recruitment was advertised at the following locations:
• California Cities/Western City Board
• California City News
• International City/County Management Association
• Municipal Management Associate of Northern California • Municipal Management Associate of Southern California • National League of Cities
• Public CEO
Discussion
The Interim City Manager recruitment garnered a total of 25 applications. On January Packet Pg. 229
11, 2023, the Mayor and City Council held a special closed session meeting to review the applications. After deliberation, the Mayor and City Council voted to move two candidates forward to the interview stage. The interviews will take place on January 17, 2023. If an Interim City Manager is selected an employment agreement is anticipated and will be available at the meeting.

Because the selected candidate is anticipated to be an interim retired annuitant under Government Code section 21221(h), the Mayor and City Council must make the appointment and approve the employment agreement by resolution. In addition, an appointment under Section 21221(h) requires the City to be actively pursuing a permanent replacement. The City is presently in the process of selecting a recruitment firm to assist with the recruitment for a permanent City Manager. The City will continue to abide by Section 21221(h) and will take further steps to actively recruit for a permanent City Manager. The interim appointment will end when the regular replacement for the vacant position of City Manager for the City commences her or his employment or, if earlier, the date that this appointment is terminated by the City or the selected candidate. In accordance with applicable law, the proposed contract limits the number of hours which may be worked in any fiscal year to 960 hours. Further, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate. For the position of Interim City Manager, that rate is $137.02 (i.e., $23,750, which is both the top and bottom step for the City Manager position on the approved salary schedule, divided by 173.333). Lastly, in accordance with the applicable law, the employment agreement does not provide for any other benefit, incentive compensation in lieu of benefits, or any other form of compensation in addition to this hourly pay.
2021-2025 Strategic Targets and Goals
Approving an employment agreement with Interim City Manager aligns with Goal No. 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
Financial impact is unknown at this time. Impact will be identified once an employment agreement has been executed.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023.

Attachments
Attachment 1 - Interim City Manager Job Announcement
Attachment 2 – Resolution No. 2023-019
Packet Pg. 230
Attachment 3 – Proposed Employment Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

December 14, 2022 The Mayor and City Council gave direction to staff to open an Interim City Manager recruitment.

January 11, 2023 The Mayor and City Council held a special closed session meeting to review the applications for Interim City Manager.

January 17, 2023 The Mayor and City Council held a special closed session meeting to interview and select the Interim City Manager.

Packet Pg. 231
1/12/23, 2:16 PM Job Bulletin
https://agency.governmentjobs.com/citysanbernardino/job_bulletin.cfm?JobID=3839705 1/3

CITY OF SAN BERNARDINO
Department of Human Resources
290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org/jobs
INVITES APPLICATIONS FOR THE POSITION OF:

Interim City Manager (U)
An Equal Opportunity Employer
SALARY
Salary: Negotiable
OPENING DATE: 12/19/22
CLOSING DATE: 01/06/23 05:00 PM
JOB SUMMARY:

The City of San Bernardino is seeking an experienced local government professional to serve as an Interim City Manager. As the Interim City Manager, the incumbent is responsible for managing the daily operations of the City by providing organizational leadership and implementing the policies established by the City Council. City operations include the following departments: Animal Services, Community and Economic Development, Finance, Human Resources, Information Technology, Library, Office of the City Attorney, Office of the City Clerk, Parks, Recreation and Community Services, Police, and Public Works.

The appointment will last until a permanent City Manager is hired; this process is expected to take no fewer than 90 days. The individual that is selected to serve in the interim capacity should not intend to apply for the permanent position.

About the City:

The City of San Bernardino is a community rich in history and cultural diversity. Influences of Native Americans, Mexican settlers, and Spanish missionaries can still be seen throughout the City today. From 1810 to the present, San Bernardino has been recognized for its scenic beauty and strategic location. The City is home to an international airport, a passenger rail station, freight rail routes, cross-docking trucking centers, and is conveniently surrounded by interstate and state highways, making it an intermodal logistics hub. The City of San Bernardino serves as the county seat and is the largest city in the County of San Bernardino with a population of 222,203.

Form of Government:

The City of San Bernardino is a Charter City with a Council-Manager form of government. Under this form of government, the City Council serves as the governing body that is responsible for legislative functions such as establishing policy, ordinances, and developing the vision of the Municipality. The City Manager is appointed by the City Council and is responsible for implementing the Council’s policies, ordinances, and vision as the chief executive officer of the City. The Mayor is elected at large and the seven Council Members are elected by constituents from the specific wards. To view the City Charter in full click here.

Packet Pg. 232
1/12/23, 2:16 PM Job Bulletin
https://agency.governmentjobs.com/citysanbernardino/job_bulletin.cfm?JobID=3839705 2/3 Recruitment Timeline:

Interested candidates should apply no later than 5:00 PM Friday, January 6, 2023 by submitting their City application and attaching their cover letter and resume through the Government Job's Portal.

Interviews will be conducted in-person and will be held the week of January 16, 2023.

The selected candidate will be required to complete a pre-employment physical medical exam, background investigation with the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and an employment/professional reference check.

The appointed candidate is expected to start employment as soon as possible after Tuesday, January 17, 2023.

For more information about this position, please contact:

Suzie Soren, Director of Human Resources, at 909-384-5104.

ESSENTIAL DUTIES & RESPONSIBILITIES
The powers and duties of the City Manager are set forth in Section 401 of the City Charter. They are as follows:
(a) Appoint, suspend and/or remove all City employees; appoint administrative officers, except as otherwise provided by law, the City Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the City Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of the City Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals;
(l) Be accountable for the implementation of Council goals and policies and the overall performance of the City;
(m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community;
Packet Pg. 233
1/12/23, 2:16 PM Job Bulletin
https://agency.governmentjobs.com/citysanbernardino/job_bulletin.cfm?JobID=3839705 3/3 (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and (p) Perform other such duties as are specified in the City Charter, by ordinance, or as may be requested by the Council.

MINIMUM QUALIFICATIONS
The Mayor and City Council shall determine whether a candidate meets the minimum qualifications of the position. In accordance with Section 400 of the City Charter, the successful candidate shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management.

SUPPLEMENTAL INFORMATION
Benefits Plan:

To view the City of San Bernardino Executive Compensation and Benefits plan click here.

Reasonable Accommodation:

The City of San Bernardino will provide reasonable accommodation for the known physical or mental limitations of a qualified applicant with a disability. It is the responsibility of candidates with a disability requiring accommodation in the assessment process to contact the Human Resources Department for the City of San Bernardino in writing to request such accommodation prior to the closing date of this recruitment. Please call 909-384-5104 for additional information regarding requests for accommodation.

APPLICATIONS MAY BE OBTAINED AND FILED ONLINE AT:
http://www.sbcity.org/jobs
OR
290 North D Street
San Bernardino, CA 92401
Job #20221215

INTERIM CITY MANAGER (U)
SS
Packet Pg. 234
Resolution No. 2023-019
Resolution No. 2023-019
January 18, 2023

Page 1 of 4 ends

Mayor and City CouncilJanuary 18, 2023

Mayor and City Council
January 18, 2023