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CI" OF SAN BERNARDIF - REQU.T FOR COUNCIL AC'FN
From:
Ralph H. Prince
Subject: Amendment to JPA - San Bernacdino
Puhlic S~fety Authority
Dept: City Attocney
Date: Macch 27, 1986
Synopsis of Previous Council action:
6/24/68
3/3/69
6/1/70
9/19/83
9/19/83
12/23/85
Resolution No. 9245 authorized resolution creating San
Bernardino Public Safety Authority.
Resolution No. 9706 authorized First Amendment to JPA.
Resolution No. 10284 authorized Second Amendment to JPA.
Resolution No. 83-319 authorized Third Amendment to JPA.
Resolution No. 83-320 authorized Fourth Amendment to JPA.
Resolution No. 85-541 authorized Fifth Amendment to JPA.
Recommended motion:
Adopt resolution.
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'Signature
Contact person:
Warren Knudson
Phone:
5242
Supporting data attached:_
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No. ~,!,~
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CI. OF SAN BERNARDIF - REQU.T FOR COUNCIL AC'FN
STAFF REPORT
The County of San Bernardino is requesting a Sixth Amendment to the Joint
Powers Agreement between the City of San Bernardino and the County of
San Bernardino which is known as the San Bernardino Public Safety Authority.
The proposed amendment involves County expenditures in the amount of
approximately $13 million for the following purposes:
1. Construction of administrative headquarters for the Sheriff's Department.
2. Expansion of County Crime Lab to provide for additional evidence
storage space. ~
3. Acquisition of additional equipment for the Crime Lab.
The amendment would not involve any extra cost to the City, as the additional
debt service would be an obligation of the County.
75-0264
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· COUNTY OF ·
SAN BERNARDINO
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County Administrative Office
BOARD OF SUPERVISORS
JohnJoyner..... ... ......FirstDUtrjc'
CalMcElwain..... .... ....S<<olld/Jj$Iricr
Barbara Clam Riordan . . ..." Third District
OUSJIIIlCISItrOPOS... "............FowrthDistric'
Robt" L. Hammock, Chili",,,,,,. .,,, .FijtllDistricr
1853
No. I Arrowhead Plaza. 5th Floor
385 North Arrowhead A venue
San Bernardino, CA 92415..0120
(714) 383~2018
ROBERT B. RIGNEY
County Administrative Officer
March 14, 19&6
Ms. Shana Clark
City Clerk
City of San Bernardino
.300 North "D" Street
San l>ernarjino, CI\. 92/.01
Dear Ms. Clark:
The County. is requesting that the Sixth Amendment to the Joint Powers
I\.greement between the City of San Bernardino and the County of San
Bernardino, known as the San Bernardino Public Safety Authority, be
placed on the April 7 City Council agenda.
The Chairman of the Boarj of Supervisors, Robert Hammock will inform
the ~ayor's office of this request on Monday, March 17.
:.~relY' ~j"// _~
L YNNtKIRKHOJER '. ,'.
:55t\ Admin. Officer-Fi5Call..~gmt.
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I\. ttachment
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF
SAN BERNARQINO WHICH CR~ATED THE SAN BERNARDINO PUBLIC SAFETY
4 AUTHORITY TO AUTHORIZE THE AUTHORITY TO ACT AS LESSOR OF ANY
FACILITIES PROJECT TO BE LEASED BY CITY OR COUNTY PURSUANT TO THE
5 JOINT POWERS AUTHORITY AGREEMENT, TO ASSIGN THE AUTHORITY'S
I RIGHTS IN SUCH LEASE AGREEMENT TO A TRUSTEE BAKK, TO ENTER INTO A
6i'TRUST AGREEMENT WITH SAID TRUSTEE BANK TO ENABLE SAID TRUSTEE
, BANK TO RECEIVE LEASE PAYMENTS FROM THE CITY OR THE COUNTY, AND
I TO TAKE ANY AND ALL ACTIONS NECESSARY AND APPROPRIATE TO ASSIST
THE COUNTY OR CITY IN CONNECTION WITH FINANCING FOR THE PROJECT.
8'
I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
[I
101 SECTION 1. The Mayor of the City of San Bernardino is
111 hereby authorized and directed to execute on behalf of said City
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12 a Sixth Amendment to Joint Exercise of Powers Agreement between
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the City of San Bernardino and the County of San Bernardino which
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created the San Bernardino Public Safety Authority to authorize
]5 the Authority to act as lessor of any facilities project to be
]61 leased by City or County pursuant to the Joint Powers Authority
]711 Agreement, to assign the Authority's rights in such lease
]81lagreement to a trustee bank, to enter into a trust agreement with
]911 said trustee bank to enab!e said trustee bank to receive lease
201!payments fro~ the City or the County, and to take any and al:
21'ilactions necessary and appropriate to assist the County or City in
22 connection with financing for the project, a copy of which is
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23\ attached hereto, marked Exhibit "A" a!1d incorporated herein b:.'
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241'reference as fully as though set forth at length.
251 I HEREBY CERTIFY that the foregoing resolution was duly
26 adopted by the Mayor and Common Council of the City of Sa~
8ernardino at a
meeting thereof,
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held on the
day of
, 1986, by the
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11 following vote, to wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
--_._-_._-----~.__._------- ._,-~._-----_._--------.._-_._---
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City C,erK
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The foregoing resolution is hereby approved this _.__.~.._.__
91 day of
101,
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, 1986.
Mayor-of' the Ci ty-otSan Bernard ino'-
12 Approved as to form:
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14 City 'At torney
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2
SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO CREATING
THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY
31
41 This amendment, dated for convenience as of 1st day of
~ April, 1986, by and between the CITY OF SAN BERNARDINO, a
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r.iimuniciPal corporation of the State of California (the "City"J,
'II and the COUNTY OF SAN BERNARDINO, a body corporate and politic of
8' the State of California (the "County");
g WITNESSETH:
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10i! WHEREAS, the City and the County have, by a joint exercise
11110f ;:Jowers agreement, dated April 1,1968, as a~ended (the
121 "Agreement"), created the San Bernardino Publ ic Safety Authori ty
13 (the "At:thority"); and
14 WHEREAS, the City and the County both have the power to
151 lease, acquire, construct, install and equip facilities,
16, constituting both real and personal property, necessary or
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1711appropriate to carry out their public dut~es associated with
18ilpublic safety, including but not limited to facilities required
1911for or related to law enforcement; and
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2011 WHEREAS, the County desires at this tir.,e to enter into a
211!financing arrangement to lease a new sheriff's administration
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221 building, a new sheriff's evidence and identification facility,
231,an addition to the existing sheriff's scientific investigation
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24"crime laboratory and related and appurtenant fcacilities and
25 equipment (the "Project") through the sale and delivery of
2611certificates of participation; and
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271
28;las to authorize the Authority to act as lessor of the Project to
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WHEREAS, the parties hereto desire to amend the Agreement so
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] be leased to the County (or as lessor of a similar project to be
2 leased to the City) pursuant to a lease agreement, to assign the
3 Authority's rights in such lease agreement to a trustee bank, to
4 enter into-a trust agreement with said trustee bank, to receive
51 lease payments irom the City or the County and to take any and
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all actions necessary and appropriate to assist the County in
7 connection with the financing for the Project (or to assist the
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City in connection with the financing of a similar project;.
91 NOW, THEREFORE, the City and the County, for and in
]Oil cOolsideration of the mutual promises and egreer.!ents herein
]] contained do agree as follows:
]2 Section 1. Amendment to Section 1 of Agreement. The third
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sentence of Section 1 of the Agreement is hereby amended by
adding at the end of such sentence a new subsection (5) to read
as follows:
"and (5) to leasing, acquiring, constructing,
installing and equipping facilities, constituting
both real and pe:30nal property, necessary or
appropriate for the City or the County to carry out
their pu~lic duties associated with pu~lic safety,
including but not limited to facilities required
for or related to law enforcemer:t, and taking any and
all other actions necessary and appropriate in
connection ~ith a lease financing arranger.!ent for such
facilities including, without limitation assigning tre
Authority's rights in and to a lease agreer.!ent with the
City or the County with respect to su(~ facilities to
a t~ustpe bank on behalf o~ the holders C~ Qwners o~
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1 certificates of participation evidencing the undivided,
2 proportionate right to receive lease payments from the
3, City or the County, entering into a trust agreement with
4 such trustee bank regarding the rights of the holders
51 or owners of such certificates of participation, entering
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61 into a purchase agreement regarding the sale and delivery
, of said certificates of participation and entering into
8 any agency agreement with the City or the County regarding
9 the acquisition, construction, installation or
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1011 equipment of such facilities."
]1 Section 2. ~~~9ment to Section 4 of the~reem~nt. The
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first sentence of Section 4 of the Agreement is hereby amended by
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adding at the end of such sentence a new subsection (5) to read
as follows:
"(5) leasing, acquiring, constructing, installing
and equipping facilities, constituting both real and
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personal property, necessary or appropriate for the
City or the County to carry out their public duties
associa:ed with public safety, including but not
limited to facilities required for or related to law
enforcement, and taking any and all other actions
necessary and appropriate in connection with a lease
financing arrangement for such facilities including,
without li~itation, assigning the Authority's rights
in and to a lea2.e agreenlent with the City or the
County with respect to such facilities to a
trustee ba~k on behalf of the holders 0, owners of
certificates of participation evidencing the
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undivided, proportionate right to receive lease
payments from the City or the County, entering
into a trust agreement with such trustee bank
regareing the rights of the holders or owners of such
certificates of participation, entering into a
purchase agreement regarding the sale and delivery
of said certificates of participation and
entering into an agency agreement with the City
or the County regarding the acquisition, construction,
installation or equipment of such facilities."
IN WITNESS WHEREOF, the parties hereto have executed this
]2 amendment by their duly authorized officers, and have caused
13 their official seals to be affixed hereto as of the date
14 hereinbefore stated:
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I, ATTEST:
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1.1 Ci tv Clerk
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CITY OF SAN BERNARDINO
By
Mayor
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COUNTY OF SAN BERNARDINO
2211 ATTEST:
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241 Clerk, Boara of SUpEcTvisors
By
Chairman, Board of Supervi so,s
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1 I hereby approve the form and legality of the foregoing Sixth
2 Amendment to the Agreement this)~~ day of _~/1<'~ , 1986.
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CITY ATTORNEY
CITY OF SAN BERNARDINO
1'.; I ,,/7 r,~
By _.2~:k'..L'/L'.Jd~d__
I hereby approve the form and legality of the foregoing Sixth
81'1 Amendment
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to the Agreement this
day of
, 1986.
County Counsel
County of San Bernardino
By
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