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Home My WebLink About04 C003653 CVAG - JPA Addendum 2 to Third AmendmentSTAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE Contract No. C003653 MEETING DATE: September 9, 2021 PREPARED BY: Heather Horning, Assistant to the City Manager REQUEST: Approve Addendum No. 2 to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments, which establishes the Twenty-Nine Palms Band of Mission Indians as a member of the Coachella Valley Association of Governments. Recommendation By Minute Motion , approve Addendum No . 2 to the Third Amendment and Restatement of the Coachella Valley Association of Governments Joint Powers Agreement, which establishes the Twenty-Nine Palms Band of Mission Indians as formal members of the Coachella Valley Association of Governments. Background On April 26, 2021, the Coachella Valley Association of Governments (CVAG) Executive Committee unanimously voted to allow the Twenty-Nine Palms Band of Mission Indians to establish CVAG membership . The staff report from the CVAG Executive Committee is included as Attachment A. This action is requires consent of two-thirds of the CVAG member agencies by executing the proposed Addendum No . 2 to the Third Amendment and Restatement of the Coachella Valley Association of Governments Joint Powers Agreement (Attachment B). Fiscal Analysis There is no fiscal impact associated with this request. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER N/A N/A NIA .Jln d y :Fir es t in e Robert W . Hargreaves Janet M . Moore Andy Firestine . City Attorney Dire et'tmlt ;-;.,_ -~ 11 A.. . nt City Manager • APPROVED v DENIED City Manager, L. Todd Hileman : L. Ttni~ Hi.Le~4n:CEIVED OTHER ~QiZ?ofe:oomlo ,lliMu,w2,1WIM~ NoEs: None ABSENT: NQ t'1 C ABSTAIN: NQY) e VERIFIED BY: \'-h B / S rs Original on File with City Clerk's Office September 9, 2021 - Staff Report Amendment No. 2 to the Third Amendment and Reinstatement of the CVAG Joint Powers Agreement establishing the Twenty-Nine Palms Band of Mission Indians as members Page 2 of 2 Attachments A. CVAG staff report B. Amendment No. 2 ITEM TA �aac�e�la Val�ey Assa�ia�ion a� �o�ernments � , ., Execufi�e Commi#tee � � April �6� 2D21 �V ■� 5taf� Repart 5ut�je�t: CVAG Memlaership far Twenty-Nine Palms gand vf Mission Indians Contact: Tam Kirk, Exe�uti�e ❑irec#or �tkirk��rq) Recommenc�atian: Appro�e Addendum No. 2 to the Third Amenriment and Restatement Qf the CVAG Jair�t Pawers AgreerrEent, which establishes the Twe�ty-Mine Palms Band af Missinn Indians as a forma! member and direct the Executi�e �irectar to distribu#e tv member jurisdi�tions far appro�aE Administrati�el Persannel Committpe: C�NCURS �IVleeting of April 19«') Ba�kc�round: CVAG was formed in November 1973 with the appraval of the first Jaint Pawers Agreement �JPAy. !n 1989 — after voiers passed Measure A— CVAG amended and restated the ,]PA ta s�ec�fy its role as the regional #ransportatian a�athority. En 1998, the JPA was amended again to inciude the City o� BRythe as a member. CVAG's metnbers have since authorized separate JPA agreements fvr the C�achella Valley Conservatian Commission and for �esert Community Energy. In A�ril 2018, the Executive Cammittee a�pro�ed the Third Amendment to the Jaint Powers A�t�arity, w�ich �etter reflected CVAG's missian and organizatior►al stru�iure and included the Ageaa Caliente gand af Cahu#I#a Indians and the Cabaz�n Band of Mission Indians. Mflst recently, in �ecem�er 2�� 9, the Tarres Martinez �esert Cahuilla Indians r�-joined CVAG through an addendum appro�ed by each CVAG �urisdictior�. As mentianed at the February 23, 2421 Executive Cammittee meeting, CVAG staff was approached by the Chairman �f the Twenty-Nine Paims Band �f Missi�n Indians, and the tribe is requesting to jain CVAG. The letter is attached for member infarmatian. GVAG Zegaf Counsel has reviewed Addenrium No. 2 to the JPA ta add this membership. ance appro�ed by the Execu#i�e Gammi#tee, CVAG staf€ will re-circulate the JPA Addendum N�. � ta al1 its memk�er jurisdicti�ns for their approval and signature. Gi�en the addition ❑f two member juristiictions, �VAG's By-Laws will need ta k�e updated to include both the Tarres Martinez Desert CahuilEa Indians and the Twenty-Nine Palms 6and of Missian Indians in the �fFices rotatian, which i�as a s�ecified ratation �rder. CVAG sta�f wi�l present the updated By-Laws at a future Executive Cammittee ager�da for appraval. Fisc�� A��lys�s: There is n� fisca� impact ta the JPA addendum. The c�sts in�ol�ed in recirculating the JPA wif! be covered under existing staff time. Upon rnem�a�rship, repr�sentatives of the Twenty- Nine Palms Tribe wi�1 receive per cfiemslstipend far attending meetings. The Twenty-Nine Palms Band of Mission Indians will also be required to pay dues. These assessments are based on the lowest dues paid by jurisdictions. In fiscal year 2020/21, the assessment was $8,698 for CVAG's tribal members. Attachments: Letter from Twenty-Nine Palms Band of Mission Indians Draft Addendum No. 2 to the CVAG JPA �� T'�VE�ITT'Y-�I�ITE PA�MS B14�VD DF N�55��11T I�IJ�DIA�VS �' �I�� 46-2�0 Harris�n PI��e . CuRche2Ia, Califar-niu . 92236 . Ph. 7&d.$63.2444 . Fax: 76D.$63.2449 Fe�ruary �4, 2Q21 Coac�efla Va1ley Associatian of Governmer�t� Attn: Glenn Mil�er, Chairman flf the Exec�ti�e Carnmittee 7371� Fre� War€ng Drive, Suite Z�fl �alm Desert, CA 922G� ��f�1�C� �� 2�� GVAG I CVCC F�A�rA l]F.SEAT, CA Re: Formal Request to loin the Coachelia Vailey Assoc�atian of Goverr�ments — Twenty-iVine �alms Band of Missian lndians �ear Chairman Milter: T�e Twenty-Nine �afrris 8and of Missian Indians �"�ri�e"7 is farmally requesting to becor�e a rr►em�er �� t�e Coache�la Valley Assflc'satiQn of Gover�ments Jaint Powers Agency. The Tribe waul� like ta became a full �aarticipant in evaluating regiana#�sub regional single�t�nulti-mo[fal transportation projects that ir-nprpve access and cammerce across t#�e Coache�Ea Va�ley. We loak iorward to warking with our neighE�nrir�g rnunicipalities and tribal gaverroments in impr�ving transportation ir�frastructure far all cor�munities, incfuding the East Valfey. Pi�ase conta�t Mr. George Nicholas, Jr., Tribal �Chief Adrnir�istrative ❑fficer at �nic�ialasC�29t�alrnsborrsi-nsn.Qov if you have any questians or eor�cerns in regards to aur request. S3n�erely, � ��c�'�� Dat'rell Mike, Tribal Ct�airman Twer�ty-Nine Palrr�s Ba�d of Mission lr�dians ce: Tom Kirit, CVAG Executi�e Directar George Nich4fas,lr., �r�i�a} Chief Administrats�e Officer Anthany Madrigal, Jr., �ri3�ai Administrator [This page has intentionally been left blank.] ADDENDUM NO. 2 TO THIRD AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADMITTING THE TWENTY-NINE PALMS BAND OF MISSION INDIANS TRIBE AS A MEMBER OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS This Addendum to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ("Addendum") is entered into as of the date of the last signature appended to this Addendum, by and between the Twenty-Nine Palms Tribe ("Admittee"), on the one hand, and the County of Riverside, City of Coachella, City of Indio, City of La Quinta, City if Indian Wells, City of Palm Desert, City of Rancho Mirage, City of Cathedral City, City of Palm Springs, City of Desert Hot Springs, City of Blythe, Agua Caliente Band of Cahuilla Indians, Cabazon Band of Mission Indians, and the Torres Martinez Desert Cahuilla Indians ("Current Parties"), on the other hand. RECITALS A. Current Parties constitute the total membership of the Coachella Valley Association of Governments ("CVAG") and are parties to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ("Third RestatemenY'). B. Admittee is a federally recognized tribe and public agency, as that term is defined in Government Code section 6500, and formerly a member of CVAG. C. Admittee desires to join CVAG as a member and Current Parties are willing to admit Admittee as a member under the terms and conditions set forth in this Addendum. D. Section 6.1 of the Third Restatement allows for the admission of additional public agencies to membership in CVAG subject to consent of two-thirds of the Current Parties and execution of an addendum to the Third Restatement signed by all Current Parties and Admittee. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants herein contained, Current Parties and Admittee agree as follows: Admission of Admittee Admittee is hereby admitted as a member of CVAG, subject to all of the rights, obligations and responsibilities set forth in the Third Restatement. Execution of this Addendum by Admittee shall be the legal equivalent of Admittee's execution of the Third Restatement as a party thereto. The parties to this Addendum have caused it to be executed on their behalf as of the date specified below, respectively, as follows: City of Blythe By: Date: City of Coachella By: Date: City of Indian Wells By: Date: City of La Quinta By: Date: City of Palm Springs By: Date: County af Riverside By: Date: City of Cathedral City By: Date: City of Desert Hot Springs By: Date: City of Indio sy: Date: City of Palm Desert By: Date: City of Rancho Mirage By: Date: Agua Caliente Band of Cahuilla Indians By: Date: Cabazon Band of Mission Indians Torres Martinez Desert Cahuilla Indians � Date: � Date: Twenty-Nine Palms Band of Mission Indians L� Date: