HomeMy WebLinkAboutC08462 Amnd 2 - Creating Regional Airport Authority Contract No. C08462
CITY OF PALM DESERT
CITY MANAGER'S OFFICE �
STAFF REPORT
REQUEST: APPROVAL OF A SECOND AMENDMENT AND RESTATED
JOINT POWERS AGREEMENT CREATING A REGIONAL
AIRPORT AUTHORITY TO BE KNOWN AS JACQUELINE
COCHRAN REGIONAL AIRPORT AUTHORITY
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: January 10, 2013
CONTENTS: Riverside County EDA (Aviation) Correspondence (12/10/12)
Second Amendment and Restated JPA
City Council Minutes Excerpt (03/25/99)
Recommendation
By Minute Motion,
1. Approve the Second Amendment and Restated Joint Powers
Agreement Creating a Regional Airport Authority to be known as the
Jacqueline Cochran Regional Airport Authority (JCRAA)
2. Authorize the Mayor to execute the Agreement (Contract No.
C08462).
3. Appropriate $2,500 from the Unobligated General Fund and transfer
to Account No. 110-4159-415.36-30 to fund the annual JCRAA
membership dues' increase.
Backqround
On April 26, 1994, the Riverside County Board of Supervisors approved the creation of
the Coachella Valley Regional Airport Authority (Authority) pursuant to a Joint Powers
Agreement befinreen the County of Riverside and the cities of Coachella, Indian Wells,
Indio, La Quinta, and Palm Desert. In May 1998, the Council approved an Amended
and Restated Joint Powers Agreement and a year later approved an amended first
amendment, most notably changing the Authority name from Coachella Valley Regional
Airport Authority to Desert Resorts Regional Airport Authority.
The Authority, acting as an advisory body to the Riverside County Board of Supervisors,
engages in the master planning of the Jacqueline Cochran Regional Airport (JCRA) and
its environs, as well as promotes the economic development of the Airport and the
surrounding area.
Contract No. C08462
Staff Report- JCRAA Joint Powers Agreement
January 10, 2013
Page 2 of 2
The attached Second Amendment and Restated Joint Powers Agreement effectuates
the following changes to the existing JPA:
1. Changes the name of the Desert Resorts Regional Airport Authority to the
Jacqueline Cochran Regional Airport Authority (JCRAA);
2. Increases the annual membership dues from $10,000 to $12,500 per fiscal
year; and
3. Adds an elected member from the Torres Martinez Desert Cahuilla Indians,
a Four Winds Coalition member, to the JCRAA Board.
The JPA's term is for so long as is necessary to carry out the purposes of this
agreement, or until terminated. Staff recommends that the City Council approve the
amended JPA and authorize the Mayor to execute the Agreement. Please note that the
City Council will also have to appoint a new representative to the JCRAA, as former
Councilmember William Kroonen served in this capacity. An alternate representative
was also never appointed.
Fiscal Analvsis
Should the City Council concur with staff's recommendation, the City of Palm Desert's
annual JCRAA membership dues will increase by $2,500, from $10,000 to $12,500. The
City also historically provides a contribution to the annual JCRA Airshow, with recent
annual contributions being $5,000 per fiscal year.
Submitted By: CTTYCOUNCIL�ON
APPROVED nFNTF.D
RECEIVED OTHER
Steq en Y. l��yan, Risk anager G DAT �- - ��
� AYES. ' �� / P�' � �C� " " //J/ �
Review By: NOES: "
ABSENT: ��-
ABSTAIN:
VF.RIF[ED I3Y:
Paul S. Gibson, Director of Finance/City Treasur r n F;le with C;ty crk's office
Approved By:
�
;
�. ' ��
,�o�n M. Wohlmuth, City Manager
;
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT
CREATING A REGIONAL AIRPORT AUTHORITY
TO BE KNOWN AS
JACQUELINE COCHRAN
REGIONAL AIRPORT AUTHORITY
Revised:September 19,2012
_. . _ . � , . �
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT
CREATING THE
JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
CREATING THE JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY ("Secand
Amended AgreemenY') is made by and among the CITIES OF COACHELLA, INDIAN WELLS,
INDIO, LA QUINTA, PALM DESERT (hereinafter sometimes referred to as "Cities"), the
TORRES MARTINEZ DESERT CAHUILLA INDIANS, a member of the Four Winds Coalition,
(hereinafter sometimes referred to as "Tribe") and the COUNTY OF RIVERSIDE (hereinafter
sometimes referred to as "County"). Cities, Tribe and County are hereafter sometimes referred
to as "the Parties".
WITNESSETH
WHEREAS, the Cities and County have met and discussed the present and future use
of the Jacqueline Cochran Regional Airport (hereinafter referred to as "Airport"), including the
impacts associated therewith upon the Coachella Valley; and
WHEREAS, such impacts relate to social and economic needs as well as future
transportation needs necessary to adequately accommodate the air traveling public; and
WHEREAS, the Coachella Valley Enterprise Zone surrounding Airport was designated
by the State of California as an area in need of economic and social development; and
WHEREAS, the successful development of the Coachella Valley Enterprise Zone is
largely dependent upon activities and improvements at the Airport; and
WHEREAS, it is the intent and desire of the Parties to enter into this Second Amended
Agreement to establish a regional airport public entity, separate and apart from the Parties, as
hereinafter described and set forth, which entity shall then set about the task of accomplishing
the general purposes of this 5econd Amended Agreement in a manner most capable of
promoting the greatest public good and welfare; and
WHEREAS, the future development of private and public improvements within and
surrounding Jacqueline Cochran Regional Airport is critical with respect to the social, economic
and transportation needs referred to hereinabove; and
WHEREAS, the regional airport entity proposed by this Second Amended Agreement
shall advise the Riverside County Board of Supervisors in regard to land use matters within its
boundaries; and
Page 1 of 17
WHEREAS, the Parties each have the power to establish a planning agency necessary
to carry out the purposes set forth in Title 7 of the Government Code of the State of California
(commencing with Section 65000) hereinafter referred to as "The Act", and in connection
therewith, to establish a planning commission to perform functions as set forth in Section 65103
of the Government Code; and
WHEREAS, as of January 21, 1994, the Cities and County entered into a certain
agreement entitled Joint Powers Agreement creating a Regional Airport Authority to be known
as the Coachella Valley Regional Airport Authority (the "Original Agreement"); and
WHEREAS, as of February 17, 1999, pursuant to Section 4(c) of the Original
Agreement, the Cities and County amended and restated the Original Agreement which is
known as the Amended and Restated Joint Powers Agreement creating a Regional Airport
Authority to be known as the Desert Resorts Regional Airport Authority (the "Amended and
Restated AgreemenY'); and
WHEREAS, pursuant to Section 4(c) of the Amended and Restated Agreement, the
Cities and County desire to amend and restate both the Original Agreement and Amended and
Restated Agreement to read as set forth herein; and
WHEREAS, on September 19, 2012, the Cities and County unanimously and orally
approved this Second Amended Agreement; and
WHEREAS, this Second Amended Agreement will become effective upon the date this
Second Amended Agreement, having first been signed by all the Parties, is signed by the
Chairman of the Board of Supervisors of the County of Riverside (the "Effective Date").
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated the Original Agreement and the Amended and Restated Agreement are
hereby amended and restated in their entirety, to read, and, the Parties agree as follows:
Section 1. Purpose:
(a) This Second Amended Agreement (hereinafter now referred to as the
"Agreement") is made under the provision of the Act and is made for the express purpose of
forming a Jacqueline Cochran Regional Airport Authority (hereinafter referred to as "Authority")
capable of exercising independent powers, separate and apart from the Parties which constitute
the Authority. The Authority is to 1) engage in the master planning of Jacqueline Cochran
Regional Airport and its environs as an advisory body to the Riverside County Board of
Supervisors, and 2) to promote the economic development of the Airport and the surrounding
area. The Authority shall exercise its powers within the geographical area set forth in Exhibit
"A", which exhibit is attached hereto and by this reference made a part of this Agreement.
Page 2 of 17
(b) The purposes of this Agreement shall be accomplished and said powers exercised in the
manner hereinafter set forth subject, however, to such restrictions as are applicable to County in
its manner of exercising such powers, as required by Section 6509 of the Government Code.
Section 2. Creation of the Authoritv:
Pursuant to the Act, there is hereby created a public entity to be known as the
"Jacqueline Cochran Regional Airport Authority".
Section 3. Term:
The Effective Date of this Agreement shall commence upon approval and signature of
this Agreement by County, Cities and the Tribe and upon signature of the Chairman of the
Board of Supervisors of the County of Riverside and shall continue for so long as is necessary
to carry out the purposes of this Agreement or until terminated as provided hereinafter.
Section 4. Termination and Amendments:
(a) Any Party to this Agreement shall have the right to withdraw from this
Agreement and may exercise its right to do so by giving all the other Parties and the Authority
ninety (90) days prior written notice of the effective date of such withdrawal; this Agreement
shall be deemed automatically amended to reflect the deletion of such Party from this
Agreement. The County, however, shall have the right to terminate this Agreement in the event
of the withdrawal of, or notice thereof by, any City or Tribe which is a Party to this Agreement
and such right shall be exercised by giving the Cities and/or Tribe ninety (90) days prior written
notice thereof. This Agreement shall terminate upon the effective date of such withdrawal.
(b) Subject to County's rights of termination contained in Section 4 (a) above, the
Parties may terminate this Agreement by their unanimous written consent.
(c) The Parties may amend this Agreement by their unanimous written consent, and
such right to amend may include, without limitation: (1) the addition of a public entity, quasi-
public entity or tribal government as a Party to this Agreement, (2) a change in the term of this
Agreement, or (3) a change to any substantive provision of this Agreement in accordance with
applicable laws.
(d) If this Agreement is terminated, any property acquired pursuant to this
Agreement, including without limitation, surplus money on hand, materials and equipment, and
which is not by law or contract to be distributed in a different manner, shall be divided and
distributed in proportion to the contributions made to the Parties.
' Section 5. Powers and Duties of the Authoritv:
The Authority shall implement the purpose to act as a planning commission, an advisory
body to the County Board of Supervisors, as more specifically set forth in Section 1 above, by
Page 3 of 17
doing all acts necessary or convenient in connection therewith to include, without limitation, the
following:
a) To make and enter into contracts, agreements and documents, including without
limitation, agreements with any one or more of the Parties;
b) To employ agents, servants and employees;
c) To acquire, hold and dispose of personal property;
d) To accept gifts, contributions and donations of personal property, funds, services
and forms of assistance from individuals, public entities and private entities;
e) To sue and be sued in its own name;
fl To apply for and receive any available state and/or federal grants;
g) To levy and collect fees and charges to finance the cost and expenses incidental
to the purpose of the Authority;
h) To employ legal counsel;
i) To adopt a budget;
j) To establish a Treasury for the deposit and disbursement of funds and monies in
accordance with the policies and procedures set forth in this Agreement.
k) To invest any money held in the Treasury that is not required for immediate
necessities of the Authority, if the Authority determines it is advisable, in the same manner and
upon the same conditions as local agencies pursuant to Sections 6509.5 and 53601 of the
Government Code.
The listing of the above acts is not intended to indicate any priority of one act over
another, nor is such listing intended to be inclusive, and other acts may be done in the
accomplishment of the purpose of this Agreement as are authorized. One or several acts may
take place concurrently or in sequence.
Section 6. Orqanization:
(a) In order to effectuate the purpose of this Agreement and the powers and
duties in connection therewith as set forth in Sections 1 and 5 above, respectively, there is
hereby established the Jacqueline Cochran Regional Airport Authority ("Authority"), which shall
be the governing body and exercise the powers of the Authority subject to the provisions of this
Agreement.
(b) The Authority shall initially be composed of the Parties to this Agreement. Each
Party to this Agreement shall be represented by one (1) member("Member"), with each Member
being entitled to one (1) vote. Each Party may also appoint one alternate ("Alternate") to act in a
Member's absence.
Page 4 of 17
Section 7. Desiqnation of Member and Alternates:
(a) The governing body of each Party to this Agreement shall appoint by
resolution its Member and Aiternate to the Authority. Each Member and Alternate must hold an
elective office on the respecti��e governing body appointing such Member. Rlternates must be
provided by their respective governing bodies the authority to fully act in a Member's absence.
The Member for the County shall be the Supervisor of District IV and the Alternate shall be the
Supervisor of District III.
(b) Members and Alternates shall serve on the Authority during the term from
which they were appointed or until their successor has been appointed or their appointment has
been revoked, whichever is earlier, provided, however, a Member's and Alternate's position on
the Authority shall automatically terminate if and when the term of the elected public office of
such Member along with their Alternate is terminated. When a vacancy occurs, it shall be the
duty of the respective Party having the vacancy to promptly inform the Authority of the name of
the replacement Member and Alternate.
(c) The Members of the Authority may, by a majority vote, offer non-voting ex-
officio membership to other governmental entities, public entities, quasi-public entities or tribal
governments. Any memberships thus offered shall be appointed according to the procedures
outlined in Section 7(b).
Section 8. Quorum:
The presence of a majority of the Members of the Authority shall constitute a quorum for
the conduct of Authority business. A majority vote of a quorum shall be necessary for the
transaction of business or for the approval of any matter. Adjournment of a meeting shall only
require a majority vote of those present. No proxy or absentee voting shall be permitted.
(a) The Authority shall establish the time and place for its regular and special
meetings. The dates, hour and location of regular meetings shall be fixed by resolution of the
Authority and a copy of such resolution shall be filed with the governing body of each of the
Parties. Special meetings and adjourned meetings may be held as required or permitted by law.
(b) All meetings of the Authority, including without limitation, regular, special and
adjourned meetings, shall be called, noticed, held and conducted in accordance with the
provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California
Government Code).
Section 9: Officers:
(a) The Authority shall elect a Chairperson and a Vice-Chairperson at its first
meeting, and at the first meeting held in each succeeding fiscal year, the Authority shall elect or
Page 5 of 17
reelect its Chairperson or Vice-Chairperson; provided, however, that the office of Chairperson
shall rotate among the Members of the Authority at a minimum of every two (2) years. In the
event that the Chairperson or Vice-Chairperson resigns from such office or ceases to be a
Member of the Authority, the Authority shall elect a replacement therefor at the next regular
meeting of the Authority. In the absence or inability of the Chairperson to act, the Vice-
Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the
Vice-Chairperson, shall preside at and conduct all meetings of the Authority.
(b) The Treasurer of County shall be and shall act as the Treasurer of the Authority
until the Authority appoints some other person to be treasurer of the Authority. The Treasurer '
shall have the custody of the Authority money and disburse Authority funds pursuant to the
accounting procedures developed in accordance with the provisions of this Agreement, the Act,
and with those procedures established by the Authority. The Treasurer shall assume the duties
described in Section 65�5.5 of the Government Code, namely: receive and receipt for all money
of the Authority and place in the Treasury of the Treasurer to the credit of the Authority; be
responsible upon an official bond as prescribed by the Authority for the safekeeping and
disbursement of all Authority money so held; pay, when due, out of money of the Authority so
held, all sums payable, only upon warrants of the officer performing the functions of the
Controller who has been designated by the Authority; verify and report in writing on the first day
of July, October, January and April of each year to the Authority and to the Parties to the
Agreement the amount of money held for the Authority, the amount of receipts since the last
report, and the amount paid out since the last report; and perForm such other duties as are set
forth in this Agreement or specified by the Authority.
(c) The Auditor-Controller of the County shall be the Controller of the Authority until
the Authority appoints some other person to be controller of the Authority. The Controller shall
draw warrants to pay demands against the Authority when such demands have been approved
by the Authority or by any other person authorized to so approve such by this Agreement or by
resolution of the Authority. The Controller shall perForm such duties as are set forth in this
Agreement and such other duties as are specified by the Authority.
There shall be strict accountability of all funds and reporting of all receipts and
disbursements. The Controller shall establish and maintain such procedures, funds and
accounts as may be required by sound accounting practices, the books and records of the
Authority in the hands of the Controller shall be open to inspection at all reasonable times by
representatives of the Parties.�
Page 6 of 17
The Controller, with the approval of the Authority, shall contract with an independent
certified public accountant or certified public accountant firm or certified public accountants to
make an annual audit of the accounts and records of the Authority, and a complete written
report of such audit shall be filed as a public record annually, within six (6) months of the end of
the fiscal year under examination, with each of the Parties. Such annual audit and written report I
shall comply with the requirements of Section 505 of the Government Code. The cost of the
annual audit, including contracts with, or employment of such independent certified public
accountants making an audit pursuant to this Agreement shall be a charge against any
unencumbered funds of the Authority available for such purpose. The Authority by unanimous
vote, may replace the annual audit with a special audit covering a two-year period.
Section 10. Rules and Procedures:
The Authority shall adopt, from time to time, such rules and procedures for the conduct
of its meetings and affairs as it may deem necessary, including, without limitation, the
designation of a person to record and transcribe the minutes of each public meeting of the
Authority.
Section 71. Staff and Support Personnel/Equipment and Furnishinqs�
Staff and Support personnel for the Authority may be provided by the Parties subject to
such conditions as may be approved by the governing bodies of the Parties. Such staff and
personnel shall perform duties and responsibilities as are conferred herein and conferred
thereon by the Authority. Subject to the availability of funds, the Authority may contract for, or
employ, such other staff and support personnel as may be deemed necessary or desirable.
Equipment and furnishings may be provided and/or donated by the Parties in order to
accommodate the Authority and its staff and support personnel. Subject to the availability of
funds, the Authority may acquire by lease or purchase such equipment and furnishings.
Section 12. Fundinq:
(a) It is anticipated that any operating funds of the Authority will be derived from
grants, donations, contributions and by the annual membership fee from the Parties.
(b) The Ruthority, in the name, and on behalf of, the Authority may apply for, accepts
and use grants from any public or private source in order to implement and carry out the
purposes of this Agreement.
(c) After consultation with the Authority, any Party to this Agreement may apply for
or accept grants, or other funds or resources for any purpose relating to the purposes of this
Agreement and, unless otherwise approved by all members of the Authority, all obligations
Page 7 of 17
assumed thereunder shall be the sole obligations of the Party obtaining such monies or
resources, and not the obligation of any other Party to this Agreement or of the Authority.
(d) The Parties to this Agreement recognize the economic benefit and impact of the
Airport to the region and, as such, shall each contribute twelve thousand five hundred dollars
($12,500) per fiscal year to fund the operating costs of the Authority to include, but not be
limited to, master planning, economic development and marketing of the Airport and the
surrounding area. ��
Section 13. Operational Term:
The Authorities shall operate on a fiscal year commencing on July 1 of each year and
ending on and including the following June 30.
Section 14. Authoritv Separate Entitv/Liabilitv/Immunitv:
(a) The Authority shall be a public entity separate and apart from the Parties to this
Agreement; provided, however that each Party to this Agreement shall defend, indemnify and
hold harmless each other Party from and against all claims, damages, losses, liabilities,
expenses, and other cost including litigation cost and attorney's fees arising out of, resulting
from or in connection with the performance of this Agreement by any of its officers, employees
or agents. Each Party's obligation to defend, indemnify and hold each of the other Parties to
this Agreement harmless applies to any actual or alleged personal injury, death, or damage or
destruction to tangible or intangible property including the loss of use.
(b) It is the intent of the Parties that, except as provided herein, the Authority cannot
incur any debts, liabilities or obligations without the consent of the governing body of each Party
to the Agreement; provided, however, that to the extent such are established pursuant hereto or
by the final judgment of a court of competent jurisdiction, they shall constitute the debs, liabilities
and obligations of the Authority and shall not constitute the debts, liabilities or obligations of the
Parties to this Agreement or of any of them.
(c) With respect to the officers, agents, Members, Alternates, and employees, if any,
of the Authority or the Parties to this Agreement, the provisions of California Government Code
Section 6513 are hereby incorporated into this Agreement.
Section 15. Severabilitv:
If any section, clause or phrase of this Agreement or the application thereof to any Party
or any other person or circumstance is for any reason held to be invalid by a court of competent
jurisdiction, it shall be deemed severable and the remainder of the Agreement or the application
of such provisions to the other Party or to other persons or circumstances shall not be affected
thereby.
Page 8 of 17
Section 16. Notices:
Notices required or permitted hereunder shall be sufficiently given if made in writing and
delivered either personally or by registered or certified mail, postage prepaid to said respective
Parties, as follows:
Jacqueline Cochran Regional Airport Authority
3403 10th Street, Suite 500
Riverside, CA 92501
City of Coachella
1515 Sixth Street
Coachella, CA 92236
City of Indio
P.O. BoxlDrawer 1788
Indio, CA 92202
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Torres Martinez Desert Cahuilla Indians
66-725 Martinez Rd.
Thermal, CA 92274
County of Riverside
Clerk of the Board
4080 Lemon Street, 1St Floor
Riverside, CA 92501; and,
County of Riverside
46-200 Oasis Street, Room 31 S
Indio, CA 92201
Section 17. other Obliqations:
The responsibilities and obligations of each Party to this Agreement shall be solely as
provided in this Agreement, or as may be provided for in supplemental agreements to be
executed by the Parties.
Section 18. Entire AQreement: Acknowledaement of Understandinq:
The Parties acknowledge that they have read the Agreement, understand it and agree
to be bound by its terms and conditions. Further, the Parties agree that the Agreement is the
Page 9 of 17
complete and exclusive statement of the Agreement between the parties relating t� the subject
matter of the Agreement and supersedes all proposals, outlines, letters of intent or prior
agreements, oral or written, and all other communications and representations between the
parties relating to the subject matter of the Agreement. Understandings, agreements,
representatives, or warranties not contained in this Agreement or a written amendment hereto
shall not be binding.
Section 19. Non Assignabilitv:
The rights, titles and interests of any Party to this Agreement shall not be assignable or
transferable without the consent of the governing body of each Party hereto.
Section 20. Miscellaneous:
(a) The section headings herein are for convenience of the Parties only, and shall
not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of
the provisions or language of this Agreement.
(b) This Agreement is made in the State of California, under the Constitution and
laws of such State, and shall be construed and enforced in accordance with the laws of such
State.
(c) It is the intention of the Parties hereto that if any provision of this Agreement is
capable of two constructions, one of which would render the provision void and the other of
which would render the provision valid, then the provision shall have the meaning which renders
it valid.
(d) The Parties recognize the necessity and hereby agree to cooperate with each
other in carrying out the purposes of this Agreement, including cooperation in matters relating to
the public, accounting, litigation, public relations and the like.
(e) This Agreement shall be binding upon and shall inure to the benefit of the
successors of the Parties hereto.
(f) Each Party shall have the right to duplicate, at its own expense, any and all
documents and reports created or acquired, in the joint exercise of powers hereunder by the
Authority or by any other Party hereto pursuant to this Agreement.
(g) This Agreement may be executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
(Signatures on the following pages)
Page 10 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as ,
Jacqueline Cochran Regional Airport Authority
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized as of the date first above written.
CITY OF COACHELLA:
By:
EDUARDO GARCIA
Mayor
ATTEST:
ANDREA CARRANZA
City Clerk
By:
Deputy
Dated:
Page 11 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as
Jacqueline Cochran Regional Airport Authority
CITY OF INDIO:
By:
GLENN MILLER
Mayor
ATTEST:
CYNTHIA HERNANDEZ
City Clerk
By:
Deputy
Date:
Page 12 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as
Jacqueline Cochran Regional Airport Authority
CITY OF LA QUINTA:
By:
DAN ADOLPH
Mayor
ATTEST:
SUSAN MAYSELS
City Clerk
By:
Deputy
Date:
Page 13 of 17
Second Amended and Restated Joint Powers Agreement ,
Creating a Regional Airport Authority to be known as ,
Jacqueline Cochran Regional Airport Authority '
CITY OF INDIAN WELLS:
By:
DOUGLAS HANSON
Mayor
ATTEST:
ANNA GRANDYS
City Clerk
By:
Deputy
Date:
Page 14 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as
Jacqueline Cochran Regional Airport Authority
CITY OF PALM DESERT:
By:
ROBERT A. SPIEGEL
Mayor
ATTEST:
RACHELLE D. KLASSEN
City Clerk
By:
Deputy
Date:
Page 15 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as
Jacqueline Cochran Regional Airport Authority
TORRES MARTINEZ DESERT CAHUILLA INDIANS:
By:
MARY L. RESVALOSO
Tribal Chairperson
Date:
Page 16 of 17
Second Amended and Restated Joint Powers Agreement
Creating a Regional Airport Authority to be known as
Jacqueline Cochran Regional Airport Authority
COUNTY OF RIVERSIDE:
By:
JOHN BENOIT
Chairman, Board of Supervisors
ATTEST:
KECIA HARPER-IHEM
Clerk of the Board
BY:
Deputy
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By:
ANNIE T. SAHHAR
Deputy
5:\EDCOM\AIRPORTSVACKIE COCHRANUCRAAUCRAA Second Amended and Restated Joint Powers Agreement Final.docx
Page 17 of 17
I
ClTY Ce�R{�SEOFFIC Q
PAl.N DES��T, CA
�O�g DEC t 3 PM I� 06
�viaTioN
RIVERSIDE COUNTY
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
December 10, 2012
RE: City, Tribe and County Ratification of the
Jacqueline Cochran Regional Airport Authority ("JCRAA")
Second Amended and Restated Joint Powers Agreement
JCRAA Members:
On September 19, 2012 the Jacqueline Cochran Regional Airport Authority unanimously approved in concept
the Second Amended and Restated Joint Powers Agreement. In order to effectuate the agreement each
participating member through their respective legislative process must take the following actions:
1. Approve the Second Amended and Restated Joint Powers Agreement; and
2. Authorize the City of Palm Desert appropriate representative to sign nine (9) copies of the agreement.
We have members who have representatives and alternate representatives that are not returning due to the
recent elections and we have a new member joining the JCRAA, also memorialized in this agreement.
Therefore to those members who do not have a delegated representative and/or alternate representatives we
ask that you include the following actions to the above mentioned:
3. Appoint an elected member as your representative to this Board; and
4. Appoint an elected member as your alternate representative to this Board.
A list is attached of current (and proposed) member representatives and alternative representatives, denoting
the members that are lacking a representative and/or alternate representative for your use. Also enclosed you
will find a County staff report (titled: "Submittal to the Board of Supervisors") for your use. The County took this
action as part of the coordinated effort on December 11, 2012.
It is important that all members understand that this agreement is not in effect until ALL participating members
have taken the necessary actions stated herein. Please forward nine (9) signed agreements back to me for
reconciliation. Once all are received an original will be transmitted back to you for your records. Feel free to
contact me with any questions. My contact information is listed below.
Rega s y � ,��
� �i
ad Wilshire, Senior DS �
Aviation Asset Manager
cwilshireC�rivcoeda.orq
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Blythe Airport � Chiriaco Summit Airport � French Valley Airport � Hemet-Ryan Airport � Jacqueline Cochran Regional Airport
List of Current JCRAA Members:
•' - . ,
City of Indian Welis �Larry Spicer Mary Roche
City of La Quinta City �'Kristy Franklin ITerry Henderson
City of Coachella Valley ,Emmanuel Martinez
City of Palm Desert �William Kroonen
City of Indio Sam Torres Glenn Miller
Torres Martinez Desert Cahuilla Indians
County of Riverside �John Benoit �Jeff Stone
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SUBMITTAL TO THE BOARD OF SUPERVISORS �
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA �� ;,),' �
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o FROM: Economic Development Agency SUBMITTAL DATE:
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November 29, 2012
0 o r SUBJECT: Jacqueline Cochran Regional Airport Authority
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Q Q .1 RECOMMENDED MOTION: That the Board of Supervisors:
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o � ` 0 1. Approve the Second Amended and Restated Joint Powers Agreement (Agreement) Creating a
� � " 3 Regional Airport Authority to be Known as Jacqueline Cochran Regional Airport Authorit y, attached
a � � hereto as Attachment A;
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s � � 2. Authorize the Chairman of the Board to execute the Agreement upon receipt of the executed
LL a w ` signatures of all parties to the Agreement;
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W ; � � 3. Appoint Fourth District Supervisor, John Benoit, as a board member to the Jacqueline Cochran
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Regional Airport Authority Board, and Third Distri Supervisor, Jeff Stone, as an alternate;
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� , (Continued) , , ,��
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� Robert Field
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Assistant County Executive OfficeNEDA
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W Current F.Y.Total Cost: $ 12,5Q0 In current'Yeat audget: Yes
�> FINANCIAL Current F.Y.Net Count Cost:
� � ' DATA y $ 0 eudget Adjustment: No
a ; Annual Net County Cost: $p For Fiscal Year, 2012/2013
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, ad ; , COMPANION ITEM ON BOARD OF SUPERVISORS AGENDA: No �
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SOURCE OF FUNDS: Aviation Funds Positions To Bel�
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Requires 4/5 Vote1 0
— C.E.O. RECOMMENDATION: APPROVE`
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Prev. Agn. Ref.: 3.6 of 4/26/94; 3.27 of 5/12198 District: 4/4 Agenda Numb .
fR�v ON30101 EDA-Oa1•11
Form 11(Rev 061to071
,, .
Economic Development Agency
Jacqueline Cochran Regional Airport Authority
November 29, 2012
Page 2
RECOMMENDED MOTION (Continued):
4. Authorize the payment of $12,500 to the Jacqueline Cochran Regional Airport Authority for
the annual membership dues; and
5. Authorize the Assistant County Executive Office/EDA or his designee to take all necessary
steps to implement the Agreement.
BACKGROUND:
On April 26, 1994, the Board of Supervisors approved the creation of the Coachella Valley Regional
Airport Authority (Authority) pursuant to a Joint Powers Agreement between the County of Riverside
and the cities of Coachella, Indian Wells, Indio, La Quinta, and Palm Desert. On May 12, 7998, the
Board approved the Amended and Restated Joint Powers Agreement, most notably changing the
Authority name from Coachella Valley Regional Airport Authority to Desert Resorts Regional Airport
Authority.
The Authority was originally created to discuss and provide recommendations on the social and
economic needs of the airport inc�uding the impacts associated therewith upon the Coachella Valley.
This includes proposed capital improvement developments such as airport, transportation, industrial,
commercial and residential. The attached Second Amended and Restated Joint Powers Agreement
(Agreement) effectuates the following changes to the existing Amended and Restated Joint Powers
Agreement:
a) Changes the name of the Airport Authority to Jacqueline Cochran Regional Airport Authority
{JCRAA); and
b) Increases the annual membership dues from $10,000 to $12,500; and
c) Adds an elected member from the Torres Martinez Desert Cahuilla Indians, a Four Winds
Coalition member, to the JCRAA Board.
On September 19, 2012, the parties to the Amended and Restated Joint Powers Agreement orally
and unanimously approved the Second Amended and Restated Joint Powers Agreement. Staff
recommends that the Board approve the Agreement and authorize the Chairman of the Board to
execute the Agreement once all parties to the Agreement have signed it. Further, the Agreement
provides that the board member to the Authority shall be the County of Riverside Board of
Supervisor for the Fourth District and that the alternate member shall be the County of Riverside
Board of Supervisor for the Third District. Thus, the Board is asked to appoint Supervisor Benoit as
the board member and 5upervisor Stone as the alternate.
County Counsel has reviewed and approved the Second Amended and Restated Joint Powers
Agreement as to form.
Attachment A: Second Amended and Restated Joint Powers Agreement Creating a Regional
Airport Authority to be Known as Jacqueline Cochran Regional Airport Authority.
RF:LB:CC:CW:mm 11773
S:IEDCOMIAIRPORTSIJACKIE COCHRAMJCRAAIFII JCRAA JPA Finaf.doc
EDA-0oltFH
Form 11�Rav OM2010)
11d11�IUTr.S
gEGULAR PALM DESERT C1TY COUNCIL MEETING MARCH 25, 1999
s s s s s s s s s * s s « s s s * s * s s s s s s * s s s s # +
Mr. Ort�ga s�od the SOl(cx3)was a particular designation of the IRS Code, and therc were
seti►eral types of vrganizations under that Code. He inquired whether thc organizations were
limited to, for eaample, the Ghamber.
Mayor Pro-Tempore Cri�es aslaed that the list be checlaed to sae if there were any organizadons
on tt►e list that did not fit the 501(c}(3). Mr. Erwin statsd tt►er�maY be gome organiza6ons
that did not fit that soaian, but could under anothea sulrnumber. Mr. Diaz stabed there may
be some which did not fit under that designation that the City may also want to let use the
course.
Mayor Pro-Tempore Crites moved to, by Minute Modon, continue the subject matter to a time
uncertain in order to allow staff to review eligible organizations for qualified charity golf tournaments
��t���mmunity a��d muni�ipal inte�ests and remove language which specifics an exact number
of organizatio�s, �lr�n8 into conside�ation use of the golf course for such eve,nts. Mofion was seconded
by Councilmember Benson and cazried by unanimous vote.
i, RF�Tr�cT F R APPROVAL OP AMENDED FIRST AMBNDMEI`1T TO COACHELL�
VALLEY REGIONAL AYRPORT AUTHORITY JOINT POWERS AGREEiuffiVT
� (CONTRACT NO. �08461). N
Mr. Etwin statad the subject item reflected an ameadment to the agroement that Council had
.�
t time additional tocluu
�y��a;��y i�s. However, he report�d swce tha
corrections had been made tA the agreemeat: 1) changing the name Lo the Dese�t Resorts
Regional Airport, instead of The�nal Airport; and 2) changing the name of the authority to
the Desert Resorts Regional Airport Authority.
Councilman Relly moved to, by Minute Motion, authorize the Mayor to execute the subject
amended agreement. Motion was seconded by Councilman Perguson and rarried by unanimous vote.
VIII. CONTINUED BUSINESS
A. �Rn,irnc•r FnR APP OVAL OF AMENDMBNTS TO PALM DBSERT RENT REVIEW
GUIDELINPS (Continued from the maetings of February 25, and Mazch 11, 1999).
Mr.Fawin shated that seveaal communications had been receivad with regazd to the proposad
amendments. Iie askad Council to continue the item until staff had fully reviewed the
communications and found a solution that was amonable to all Partiea•
Mayor Spiegel moved to continue the subject item to a dme uncertain. Motion was seconded by
Mayor Pro-Tempore Crites and carried by unanimous vote. 1
28