Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO Honorable Mayor and City Council
FROM: Joe Pradetto. Director of Govemmental Affairs/Public Information Officer FOR:City Council Meeting of February 12,2024
SUBJECT: An Amendment to the Agreement for the Joint Exercise of Powers Relative to the San Bemardino Associated Govemments
RECOMMENDATION:
That the City Council approve and authorize the Mayor to sign Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments (SANBAG) to change the name of the organization to the San Bernardino Council of Governments (SBCOG) and to remove the section that specifies the method for calculating membership dues to make the assessment a policy decision set by the Board of Directors.
DISCUSSION:
The City of Yucaipa is a member of the SBCOG, a Joint Powers Authority (JPA) that includes San Bemardino County's 24 cities and towns and the County of San Bemardino's five Board of Supervisor districts. The SBCOG provides a forum fbr member agencies to exchange information and collaborate on regional issues. This collaboration helps member agencies to leverage resources to improve coordination and reduce duplication.
In 2018, the SBCOG Board adopted a five-year work and funding plan. The work plan included the creation and implementation of the Emergency Communication Nurse System, research and preparation for creation of a Housing Trust, and healthy communities programs. The SBCOG also provided marketing and grant writing support to its member agencies.
Funding for the 2018 work plan came from two primary sources: I ) member dues and 2) fund balance from the Property Assessed Clean Energy (PACE)/FIome Energy Renovation Opportunity (HERO) programs. Each member agency pays dues as specified in the JPA Agreement. Yucaipa's current membership dues total $16,357 per year, and SBCOG's current annual budget is $658,000.
On July 5,2023, as the SBCOG Board received a report on the 2018 work plan, and based on the information provided, specifically that the HERO funds are expended and there looms a budget deficit in 3 years due to lack of funding, the Board created an ad hoc committee to discuss expanding the capacity of the SBCOG and increasing the dues paid by the member agencies to fund its operations. After looking at other council of government organizations, the ad hoc committee determined that the SBCOG's budget and staffing level are far below sister agencies.
The ad hoc identified opportunities to enhance the capacity of SBCOG to better serve its member agencies.
After months of deliberation, the ad hoc committee presented to the Board its recommendations to increase SBCOG staffing and budget. The recommendation includes increasing staff to 3 full-time equivalents (FTE) from 1.3 FTE and increasing the annual budget from $658,000 to $1,500,000.
The additional staffing and budget will go to support regional collaboration on housing, homelessness, public safety, and grant writing.
Membership Dues
For the last several years, fund balances from the PACE and HERO programs helped supplement membership dues. However, that money has run out. To fund a new work plan and provide stability for the future of SBCOG, membership dues must rise. The JPA Agreement specifies the particular method by which membership dues are calculated. Current membership dues are calculated on an original assessment based on each member agency's population (50%) and assessed property valuation (50%), and two flat fees adopted in 2016 and 2022, $5,337 and $8,000, respectively (Attachment l).
The ad hoc committee explored several funding options. It recommended to the Board the option it felt had the fairest impact on member agencies. The recommendation was to add to the existing membership dues a new assessment based on each member agency's population (50%) and general fund tax revenues (50%). Attachment I outlines the new membership dues for each member agency. For the City of Yucaipa, this represents an increase of $17,217 per year, for a total of $33,574.
JPA Agreement
To provide flexibility and avoid having to amend the JPA Agreement when changing membership dues, the amendment presented for approval as part of this motion removes the specific dues formula in the JPA Agreement and replaces it with a new provision that makes dues based on SBCOG policy (Attachment 2). This will allow the SBCOG Board to set membership dues as needed. This amendment also formally changes the name of the JPA from San Bemardino Associated Governments to the San Bernardino Council of Governments. Participation in the SBCOG is voluntary. If ever the City Council objected to the SBCOG's dues, it may opt to withdraw its membership.
FISCAL IMPACT:
The proposed JPA Amendment will modiff the formula to calculate membership dues. The estimated membership dues for the City of Yucaipa would increase from $16,357 to $33,574.
Fiscally, the impact would be to FY2024-25 budget.
Attachment(s):
l. SBCOG General Assessment Dues & Potential Increase
2. Amended Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4
Approved By G
ATTACHMENT 1
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ATTACHMENT 2
Amended Agreement for the Joint Exercise of PowersRelative to the 0110312024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 This Amendment No. 4 to the Agreement for the Joint Exercise of Powers ("Agreement") Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Loma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.
RECITALS
1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;
2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and
3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and
4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and
5. WHEREAS, the Agreement's funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.
NOW, THEREFORE, the parties hereto agree as follows:
1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments ('SBCOG'). All instances of "San Bernardino Associated Governments" in the Agreement are replaced with "San Bernardino Council of Governments." All instances of "SANBAG" are replaced with "SBCOG." All instances of "the Association" or "the association" in reference to the joint powers entity are replaced with "the COG."
2. The article titled "ASSESSMENTS" is removed and replaced in its entirety with the following:
ASSESSMENTS
10. ln reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed, and will also allow for optional, subscription JPA-Amndmnt4 1of 3
Amended Agreement for the Joint Exercise of PowersRelative to the 0110312024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 assessments that member agencies may opt in to on a voluntary basis, based on a Board- adopted budget or budget amendment and a subscription work program.
Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1. ln addition to the assessments referenced in the preceding paragraphs, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.
When such advances are made, they shall be repaid from the first available funds.
The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.
All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget."
3. This Amendment No. 4 shall become binding upon each party hereto upon that party's execution.
Signed and attested by the following
Jurisdiction Date
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
JPA-Amndmnt4 2of3
Amended Agreement for the Joint Exercise of PowersRelative to the 0110312024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
Board Adopted: January 3,2024
JPA-Amndmnt4 3of3