1994 Jacqueline Cochran Regional Airport - JPAJOINT POWERS AGREEMENT
CREATING A REGIONAL AIRPORT AUTHORITY
TO BE KNOWN AS
THE COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY
January 21, 1994
TABLE OF CONTENTS
Section
Headingj
Pages)
Recitals ...............................
1,2
1
Purpose ..................... .........
2,3
2
Creation of the Authority .....................
3
3
Term .................................
3
4
Termination and Amendments ..................
3,4
5
Powers and Duties of Authority .................
4,5
6
Organization ............................
(a) Establishment .........................
5
(b) Membership ..........................
5
(c) Designation of Members and Alternates .........
5,6
(d) Quorum and Transaction of Business ...........
6
(e) Meetings ............................
6
(f) Ralph M. Brown Act .....................
6
(g) Officers .............................
(1) Chairperson and Vice -Chairperson .......
69 7
(2) Treasurer .......................
7
(3) Controller ......................
7, 8
(h) Rules and Procedures ....................
8
(i) Appeals .............................
8
0) Staff and Support Personnel/Equipment and Furnishings
8, 9
(k) Funding ............................
9
(1) Fiscal Year ..........................
9
7
Authority a Separate Entity/Liability/Immunity .......
99 10
8
Severability .............................
10
9
Notices ...............................
10, 11
10
Other Obligations ........................
11
11
Other Agreements Not Prohibited ...............
12
12
Nonassignability ..........................
12
13
Miscellaneous ...........................
(a) Section Headings .......................
12
(b) Laws of California ......................
12
(c) Construction of Language ..................
12
(d) Cooperation ..........................
12
(e) Successors ...........................
12
(f) Duplication Rights ......................
129 13
Signatures ..............................
139 14
i
JOINT POWERS AGREEMENT
CREATING THE
COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY
THIS JOINT POWERS AGREEMENT is made by and among the CITIES OF
COACHELLA, INDIAN WELLS, INDIO, LA QUINTA, and PALM DESERT (hereinafter sometimes
referred to as "Cities") and the COUNTY OF RIVERSIDE (hereinafter sometimes referred to as
"County"), and Cities and Counties are hereinafter sometimes referred to as "the Parties".
WHEREAS, the Parties have met and discussed the present and future use of the Thermal
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 the Thermal 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 Thermal Airport; and
WHEREAS, it is the intent and desire of the Parties to enter into a joint powers
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 Joint Powers Agreement in a manner most capable of promoting the greatest public good and
welfare; and
WHEREAS, the regional airport entity proposed by this Agreement shall replace the
Riverside County Planning Commission in regard to land use matters within its boundaries; and
1
WHEREAS, the regional airport entity proposed by this Agreement shall replace the
Riverside County Aviation Commission in regard to recommendations on policy, procedure, and
operations at the Thermal Airport; and
WHEREAS, the County, upon execution of this Agreement, shall delete the Thermal
Airport from the jurisdiction of the Airport Land Use Commission; and
WHEREAS, the future development of private and public improvements within and surrounding
Thermal Airport is critical with respect to the social, economic and transportation needs referred to
hereinabove; and
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;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties agree as follows:
Section 1. Purpose.
(a) This Joint Powers Agreement (hereinafter referred to as the "Agreement") is
made under the provision of the Act and is made for the express purpose of forming a Coachella Valley
Regional Airport Authority (hereinafter referred to as "Authority") capable of exercising independent
powers, separate and apart from the Parties which constitute the Authority, to act as a planning
commission in order to implement the administration of specific plans and zoning and subdivision
ordinances relating to proposed development of private and public improvements, engage in the planning
of public facilities, and advise the Transportation and Land Management Agency on airport operations
and uses within the geographical area set forth in Exhibit "A", which exhibit is attached hereto and by
2
this reference made a part of this Agreement.
(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 Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the "Coachella Valley Regional Airport Authority".
Section 3. Term. The term of this Agreement shall commence upon approval and
execution of this document by County and all the Cities 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, and this Agreement shall
thereupon be deemed automatically amended to reflect the deletion of such Party from this Agreement,
provided, however, that County shall have the right to terminate this Agreement in the event of the
withdrawal of, or notice thereof by, any City which is a Party to this Agreement and such right shall
be exercised by giving the Cities ninety (90) days prior written notice thereof, provided further,
however, in the event County exercises its right to withdraw from this agreement, this Agreement shall
terminate upon the effective date of such withdrawal.
(b) Subject to County's right 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 another public entity as a
Party to this Agreement, (2) a change in the term of this Agreement, or (3) a change to any substantive
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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 Authority. The Authority shall implement the
purpose to act as a planning commission as more specifically set forth in Section 1 above, by 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;
(f) To apply for and receive any available state and/or federal grants;
(g) To levy and collect fees and charges to finance the costs and expenses
incidental to the purpose of the Authority;
(h) To employ legal counsel;
(i) To adopt a budget;
0) 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 is advisable, in the same manner and
4
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. Organization.
(a) Establishment. 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 Coachella Valley 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) Membership. The Authority shall initially be composed of the Parties to
this Agreement. Each Party to this Agreement shall be represented by one (1) Member, with each
Member being entitled to one (1) vote.
(c) Designation of Members and Alternates.
(1) The governing body of each Party to this Agreement shall appoint
by resolution its Member and Alternate to the Authority. Each Member and Alternate must hold an
elective office on the respective governing body appointing such Member and Alternate. Alternates
shall have the authority to act in a Member's absence. The Member for the County shall be the
Supervisor of District IV, and the County Alternate shall be the Supervisor of District III.
(2) Representatives and Alternates shall serve on the Authority during
the term for 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 or Alternate's position on the
Authority shall automatically terminate if and when the term of the elected public office of such
5
Member or 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 or
Alternate.
(3) The following shall serve as non -voting ex officio members of the
Authority: The Fourth District representative to the Airport Land Use Commission, and a Member of
the Thermal Community Council, appointed according to the procedures outlined in Section 6.(c)(2).
(d) Quorum and Transaction of Business. 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 which includes County shall be necessary for the transaction of business or for the
approval of any matter. In the event a Party to this agreement votes for a matter pertaining to a
geographical area situated within the territorial limits of such Party, it shall require only one (1) vote
of another Party to the Agreement to override the Majority with respect to such matter. Adjournment
of a meeting shall only require a majority vote of those present. No proxy or absentee votings shall
be permitted.
(e) Meetings. 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.
(f) Ralph M. Brown Act. 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).
(g) Officers.
(1) Chairperson and Vice -Chairperson. The Authority shall elect a
Chairperson and a Vice -Chairperson at its first meeting, and at the first meeting held in each succeeding
calendar year, the Authority shall elect or reelect its Chairperson or Vice -Chairperson; provided,
however, that the office of Chairperson shall rotate among the Members of the Authority at least 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.
(2) Treasurer. 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 6505.5 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 or 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.
(3) Controll r. 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
7
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.
The Controller, with the approval of the Authority, shall contract with an independent
certified public accountant or 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
public records 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 shall comply with the requirements of Section 6505
of the Government Code. The cost of the annual audit, including contracts with, or employment of such
independent certified public accountants in 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.
(h) 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.
(i) ApRgWs. The decision by the Authority relating to any proposed
development of private or public improvements shall be final unless a right to appeal is exercised by
any interested party pursuant to the ordinance of a Party to this Agreement which is applicable in the
8
geographical area in which the proposed improvements are to be developed.
0) Staff and Suvnort Personnel/Egupment and Furnishings.
(1) 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.
(2) 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.
(k) Funding.
(1) It is anticipated that any operating funds of the Authority will be
derived from grants, donations and voluntary contributions of the Parties.
(2) The Authority, in the name, and on behalf of, the Authority, may
apply for, accept and use grants from any public or private source in order to implement and carry out
the purposes of this Agreement.
(3) 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 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.
(4) The Authority may request the Parties to this Agreement to
contribute funds; provided, however, that no funds may be assessed or collected unless the governing
body of each Party to this Agreement consents to such assessment and collection.
0
(1) Fiscal Year. The fiscal year of the Authority shall be the period
commencing on July 1 of each year and ending on and including the following June 30.
Section 7. Authoriy a Separate Entity/Liability/Immunity.
(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, judgments, liabilities, expenses,
and other costs including litigation costs 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 debts, 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 8. Severabilit . 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
lul
be affected thereby.
Section 9. 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:
(a) Coachella Valley Regional Airport Authority
(b) City of Coachella
(c)
City of Indian Wells
(d)
City of Indio
(e)
City of La Quinta
(f)
City of Palm Desert
(g)
County of Riverside
Section 10. Other Obligations. 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
11
agreements to be executed by the Parties.
Section 11. Other Agreements Not Prohibited. Other agreements by and between the
Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by
execution of this Agreement.
Section 12. on -Assignability. 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 13. Miscellaneous.
(a) Section Headings. 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) Laws of California. 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) Construction of Language. 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) Cooperation. 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) Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the Parties hereto.
(f) Duplication Rights. Each Party shall have the right to duplicate, at its own
12
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.
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.
Dated:
ATTEST:
CITY CLERK
Deputy
Dated: f
ATTEST:
ATTEST:
CITY OF COACHELLA
CITY OF MIO
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By
M; /��/
ayor
CITY OF LA QUINTA
Tf
13
Dated:A 0 c,1 31( qqq
ATTEST:
CITY CLERK
D puty
Dated: Z
ATTEST:
Dated: APR 2 6 1994
ATTEST:
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CITY OF INDIAN WELLS
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CITY OF PALM DESERT
COUNTY OF RIVERSIDE
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