HomeMy WebLinkAboutS02-Mayor's Office
CITY OF SAN BERN RDINO - REQUEST F"""'R COUNCIL ACTION
From: Mayor Tom Minor
Subject: 7th Amendment to JPA - San
Bernardino Public Safety
Authority
Dept: Mayor's Office
Date: August 9, 1994
Synopsis of Previous Council action:
6/24/68
3/3/69
6/1 /7 0
9/19/83
9/19/83
12/23/85
4/7/86
Resolution No. 9245 creating San Bernardino Public Safety
Authority.
Resolution No. 9706 First Amendment to JPA.
Resolution No. 10284 Second Amendment to JPA.
Resolution No. 83-319 Third Amendment to JPA.
Resolution No. 83-320 Fourth Amendment to JPA.
Resolution No. 85-541 Fifth Amendment to JPA.
Resolution No. 86-108 Sixth Amendment to JPA.
Recommended motion:
Adopt Resolution.
-/ zvYl~
Signature
Contact person: Ray Salvador
Supporting data attached: YE S
Phone: 5210
Ward: N/A
FUNDING REQUIREMENTS:
Amount: N / A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No.
.5-L
CITY OF SAN BERNA~DINO - REQUEST FOq COUNCIL ACTION
STAFF REPORT
The County of San Bernardino is requesting a Seventh Amendment
to the Joint Powers Agreement between the City of San Bernardino
and the County of San Bernardino known as the San Bernardino
Public Safety Authority. The proposed amendment involves
equalizing the number of City and County representatives
with the addition of one City Appointment. The governing
board of the JPA is currently comprised of two(2) County
members and one (1) City member.
The purpose of the amendment equalizing representation is
to provide a funding vehicle for issuance of taxable and
tax exempt Certificates of Participation. The County proposes
to fund a portion of its unfunded insurance liability in
this manner. In order to implement. such a program, a Joint
Powers Authority is needed in which the County is not the
principal member. Should the City wish to pursue a similar
program, the Joint Powers Authority would already be i~aplace.
The amendment as proposed would not involve any additional
cost to the City. Liability for Certificates of Participation
issued for the County insurance program would be the sole
obligation of the County.
75-0264
COUNTY OF
SAN BERNARDINO
BOARD OF SUPERVISORS
JAMES J. HLAWEK
County Administrative Officer
385 North Arrowhead Avenue. 5th Floor
San Bernardino. CA 92415-0120
(909) 387.5418
Fax (909) 387.5430
Marsha TUTOCi .
Jon D. Mikels. Chairman
Barbara Cram Riordan.
Larry Walker .
Jerry Eaves.
.......... . FirSI District
. . . . . . . . Second District
. . Third District
.. Fourth District
.... . Fifth District
County Administrative Office
July 27, 1994
Mayor Tom Minor
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92401
SUBJECT: PUBLIC SAFETY AUTHORITY
Dear Mayor Minor:
The County of San Bernardino has been evaluating various alternatives to reduce costs in these
difficult economic times. Currently, the County is proceeding with a program to fund a portion
of its unfunded insurance liability, therefore, reducing future cash needs. This is accomplished
by the issuance of a combination of tax-exempt and taxable Certificates of Participation.
The implementation of this program requires the need for a Joint Powers Authority where the
County is not the principal member. Currently, the Public Safety Authority is comprised of two
(2) County appointed members and one (1) city appointed member. This Authority was used
to finance the County's Central Jail and Juvenile Facilities and the City's sewer plant. The
County is requesting the City to amend the JP A Agreement to accomplish equal representation
from both the City and the County with the addition of another City appointment.
In addition, if the City were to pursue a similar program, this JP A would be readily available
for use.
The County is requesting the attached resolution be placed on the August 15, 1994 agenda for
consideration for approval. Your cooperation in this matter is appreciated. If you have any
questions, please contact me at 387-5408.
.S?7.el ',~~. r~(') r
.' cl:21JVI ~.
John M. Giblin
Deputy Administrative Officer
JMG:bj
1
2
3
4
5
6
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND pIRECTING EXECUTION OF AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN
BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO
PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF
REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING
OFFICIAL ACTIONS RELATED THERETO.
WHEREAS, pursuant to Article 1 through 4 (commencing with
7 Section 6500) of Chapter 5, Division 7, Title 1 of the
8 California Government Code, San Bernardino County (the
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"County") and the City have, by Joint Exercise of Powers
Agreement, dated April 1, 1968, as amended (the "Agreement"),
created the San Bernardino Public Safety Authority (the
"Authority") for the purposes, among other things, <:If
providing financial assistance to its members and other public
entities; and
WHEREAS, the County and the City have determined that the
number of members of the Board of Directors of the Authority
should be changed to provide for equal representation between
the County and City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Recitals hereinabove are true and correct
and are incorporated herein by the reference.
SECTION 2. The City hereby approves the equalization of
representation of the members of the Authority and approves a
seventh amendment to the Agreement (the "Seventh Amendment")
in the form attached hereto as Exhibit A. The City hereby
authorizes and directs the Mayor to execute and deliver the
Seventh Amendment in such form, together with any changes to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN
BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO
PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF
REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING
OFFICIAL ACTIONS RELATED THERETO.
be conclusively evidenced by the execution of such document by
the Mayor.
The City hereby authorizes the delivery and
performance by the City of the Seventh Amendment.
SECTION 3. The findings and determinations herein shall
be final and conclusive. This resolution shall take effect
upon the date of its adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1994, by the following vote, to
day of
wit:
/
/
/
/
/
/
/
/
/
/
/
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN
BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO
PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF
REPRESENTATION' OF MEMBERS OF THE AUTHORITY AND AUTHORIZING
OFFICIAL ACTIONS RELATED THERETO.
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENr
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1994
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
IDIBI'1' a.
SBWN'l'B ~ TO
JOINT aXIReISE OF POWBRS AGREIMBN'l'
c!a ted.
, 1114
!)y aDd bet_en
SAN BllNA.lu:lINO COtlNTY
and the
O:l:'1'Y 01' SAN BERNAltDINO
AmendiDg that oertain
Joint Exeroi.e of Power. Agre~ent
d~ted April 1, 1988, a. amended,
by and bet_en
San Bernardino County
and the
Oi ty of San Bernardino
(SAN BERNARDINO PUBLIC SAFETY AUTHORITY)
SEVENTH AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
THIS SilVENTH AMENDMENT TO JOINT POWERS AGREEMENT (the
"Seventh Amendment"), dated , 1994., l:)y and l:)etween SAN
BERNARDINO COUNTY, a publie body organized and existing under the
laws of! the State of California (the "County"), and the CITY OF SAN
BERNARDINO, a municipal corporation and eharter eity organized and
existing under the constitution and laws of the State of California
(the "City"), amending that certain Joint Exereise of! Powers
Agreement, dated Ap~il 1, 1968, as amended, by and between the
County and the City (the "Agreement");
WITNESSETH:
WHEREAS, pursuant to Articles 1 through 4 (commencing
with section 6500) of Chapter 5, Division 7, Title l of the
California Government Code, the County and the City have created
the Authority for the purposes, among other thinge, of providing
financial assistance to its members and other pul:)lic entities; and
WHEREAS, the County and the City have determined that the
number of members of t~e Board of Directors of the Authority should
be changed to provide for equal representation between the County
and the City.
NOW, THEREFORE, in consideration of the above premises
and of the mutual promises herein contained, the County and the
City do hereby agree as follows:
Section 1. The Urst paragraph of! subdivision B of
Section 3 of the Agreement is hereby amended to read as follows:
"The Authority shall be administered by a governing
board of four (4) members, each serving in their
individual capacities as members of the governing board.
Two (2) members shall be appointed by the Mayor and
Common Council of the City in the manner required by the
Charter of the City for such appointments, and two (2)
members shall be appointed by the Board of Supervisors of
the County. Such governing board shall be called the
"Governing Board of the San Bernardino Public Safety
Authority. " All voting power shall reside in the
governing board. All members of the governing board are
to be electors of the County."
Section 2. This Seventh Amendment is made in the State
of California under the constitution and laws of! the State of
California, and is to b~ so construed, and in accordance with the
provisions of the Agreement.
Bxhibit A - rage 2
. Section 3. Should any part, term or provision of this
Seventh Amendment be decided by any court of competent jurildiction
to be illegal or in conflict with any law of the State of
California, or otherwise be rendered unenforceable or ineffectual,
the validity of the remaining portions or provisions shall not be
affected thereby.
Section 4.
amendment to be filed
California a. 800n as
The Secretary shall cause a notice of
with the Secretary of State of the State of
practicable.
IN WITNESS WHEREOF, the parties hereto have caused this
Seventh Amendment to be executed and attested by their proper
officers thereunto duty authorized and their official seals to be
hereto affixed, on the day and year first set forth above.
SAN BiRNARDINO COUNTY'
By
County Administrative Officar
(SEAL)
ATTiST:
Clerk of the Board of Supervisors
CITY' OF SAN BERNARDINO
By
Mayor
(SiAL)
ATTEST:
City Clerk
oaEO\OOOl\POC\1000A
01'01\" 1010
Ixhiblt A - page 3