HomeMy WebLinkAboutR07-Redevelopment Agency
,
,
....
,
"
(,
..."p,""
.-.
.......
DIVILOPlIlBr DIPAlrlllBr
OF TIll CIn OF SAll IlIDAIDIIIO
IIOUIsr FOI ClRIISSIOllf/COUllfCIL ACTIOllf
From:
KENNETH J. HEl'IDERSOllf
Executive Director
Subject: SAll R1nnI&1IDIlIO IIGIOllfAL
AIIPOI1' ADrIIOIIn
ASSISSIIKIIr
Date:
July IS, 1992
SvnoDsis of Previous Commission/Council/Committee Action(s):
On July 9, 1992, the Redevelopment Committee considered this matter
and recommended to the Community Development Commission approval of
this item.
-------------------------------------------------------------------------------
Recommended Motion(s):
(Co_fty Develollment Co-fssion)
MOTIOllf:
That the CODlD1Dlity Development Commission, on behalf of
the City of San Bernardino, approve a loan to the San
Bernardino Regional Airport Authority in the amount of
$15,000 and authorize the Chairman and Executive Director
of the Development Department to negotiate and execute an
enabling agreement which reflects Agency and Local Agency
Investment Fund (LAIr) standard terms and conditions.
A11rator
~Ollf
Executive Director
-------------------------------------------------------------------------------
Contact Person(s):
Ken Henderson
Phone:
5081
Project Area(s):
Ward(s):
Supporting Data Attached:
Staff ReDort
FUNDING REQUIREMENTS:
Amount: $ 15.000
Tax Increment
Source:
Budget Authority:
Reauested
-------------------------------------------------------------------------------
Camalssion/Council Botes:
-------------------------------------------------------------------------------
KJH:lag:0903E
COMMISSIOB MElTING AGEl'IDA
Meeting Date: 7120/l992
Agenda I telll lfumber:
1
..,".....
-
'>",.I
DBVBLOPMBNT DBPARTMBNT
OF rBB CIn OF SAIl BBUARDIIIO
'.
,
"
STAFF REPORT
SAIl R1!1!1IAVnylIO RBGInwAT. AIRPORT AUTHORITY ASSBSSMDT
The City of San Bernardino has two voting members that represent it on
the San Bernardino Regional Airport Authority (Authority). The
Authority is an organization comprised of various municipalities
established to oversee Norton Air Force Base activities and provide or
coordinate related administrative and operational matters. It is
anticipated that financing for the Authority will be accomplished
through a "funding arrangement" between the Authority and the Inland
Valley Development Agency (IVDA). In order to meet its interim
financing needs, on June 17, 1992, the Authority unanimously approved
that each of its members be assessed $7,SOO per voting representative,
which would make available $S2,SOO until an agreement is executed with
the IVDA. The Authority has requested the City contribute $lS,OOO for
its two voting members.
,
\.
Redevelopment Project areas will receive measurable and tangible
benefits if Norton Air Force Base is successfully converted to private
uses, Reflective of this fact, and in deference to the financial
deficit of the City, it is recommended the Bconomic Development Agency
advance the required $lS,OOO, on behalf of the City of San Bernardino,
as a loan to the Authority. Terms and conditions of the loan will be
incorporated in an agreement that will reference the amortization
period and rates consistent with standard Agency practices and the
Local Agency Investment Fund (LAIF), which uses a variable interest
rate applied on the anniversary date of the loan annually.
On July 9, 1992, the Redevelopment Committee considered this matter and
recommended to the Community Development Commission approval of this
item.
Staff recommends adoption of the form motion.
-------------------------------------------------------------------------------
(
KJH:lag:0903E
COIIUSSION MEETING AGBl'IDA
Meeting Date: 7/20/l992
7
Agenda It_ Number:
JLL-02-'92 14:34 ID:CITY (F ~ 1lIHl TEL HO:714-~-5461 llS64 Pe3
,
.
.
I
, I
i
" CU, 'II<,J~."J~ I
I
,
:
JaDo 23. 1m
"a7Ol' W. R. HoIeomb m m~mDWm lID
. QtJ of SIn BenwdiIlo
Airport Authority 80arcI Member . . JUN 24 1992
300 N. "D" Street omCl OfTHI MAYOR
,. San BernardIno CA 92418
Dear Mayor~: 8~ 'lie ~:~ .
'l1ds Ieaer 1110 lanuDy Jequat that !be QtJ of SIn Bemanlino proricIo for the payment of
S7.SOO to the SIn Bernardino ReaJoaaI AI1pon Authority (!be . AuthorltJ") ClIl or before July 1.
1m. .
F)
"
At the reJular meedll8 of the Authoritj held 011 Wedllelday, June 17. 1m, ~ was 1III8ftlmously
~ by tho Boerc1 M~ pmeIIt at IDch a meetin& lllat an llIIIOlInt equal 10 $7,500 per
WIle .hoold be requested of tho CoualJ of Sill Bemudiuo and eIda OtJ Member of tho
Authority.
n i. intended Ih8t SS2,500 will be paemed from dll. $7,500 per \'Ole IISl!SSIIleIIt. This will
enable Jhc Aul110rity to fimd adminbtrative apensea for 1110 next thIrtJ to forty.five day. of
Authority operatloas or until such limo as a fImcI1nC anmcemeot can be &w1viCd by and
bctwOClll the Authority and the Inland Valley Development Acaq.
I will be requestillj that an item be pIal:ed 011 the Authority Aaenda for the meetina of luly 1,
1992, to address the intetest rate OIl such advlnces and die method and timing of repaymenb by
the Authority 10 each Member'luriJdictiOG COIIIistctIt with the Authority's loint POWetl
A&reemenL
Should you have any questions, plea8 do DOl hesitate to ClODtact eida IIlC or ManhaI11ulian,
You may reacIt me at 798-7$33.
SiIlcete1y ,
t 0
lte: C. M. lack ReIDy. Counellmember
P.O, BOX 3lU5 .
REDLANDS, CA tI2373
-
7
/' '"
I!lfclmtal z1 Y?~ ~7
v
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN LOAN AGREEMENT BY AND BETWBEN THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
AND THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino (the "City") is a
charter city, duly created and existing pursuant to the
Constitution and the laws of the State of California; and
WHEREAS, the San Bernardino Regional Airport Authority
(the "Authority") has been created by the legislative bodies of
its member jurisdictions (the "Members") pursuant to a certain
agreement entitled "Joint Exercise Of Powers Agreement Creating
An Agency To Be Known As The San Bernardino Regional Airport
Authority" (the "JPA Agreement") in accordance with Section 6500,
~ ~., of the California Government Code; and
WHEREAS, the Authority was created primarily for the
purposes of acquiring, operating, repairing, maintaining and
administering the aviation related portions of the Norton Air
Force Base as a public airport; and
WHEREAS, Section 3 of the JPA Agreement and Government
Code Section 6508 provide that the Authority has the powers to
make and enter into contracts and to incur long-term and short-
term debts, liabilities or obligations, which are not debts,
liabilities or obligations of its Members; and
- I -
/JJI}
;r,br"l
r
'-'
....,./
WHEREAS, section 5 of the JPA Aqreement and Government
Code section 6504 provide that the Members may make contributions
from their treasuries for the purposes set forth therein, make
payments of public funds to defray the cost of such purposes, and
make advances of public funds for such purposes, such advances or
payments to be repaid as provided therein; and
WHEREAS, in accordance with section 11 of the JPA
Aqreement, the City and the Authority desire to enter into a
certain Loan Aqreement, pursuant to which, the City would loan
sums to the Authority for the purpose of paying the necessary
annual budgeted expenditures of the Authority; and
WHEREAS, on July I, 1992, the Commission of the
Authority authorized execution of the Loan Agreements with each
of its Members; and
WHEREAS, the city Council of the City, at this time,
deems it appropriate to approve the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City Council hereby approves the
Loan Agreement, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference as though fully set forth at
length herein.
- 2 -
1"'''""
V
r....
........,.-""
SECTION 2.
The City Council hereby authorizes the
Mayor of the City to execute the Loan Agreement as set forth in
Exhibit "A" with any non-substantive changes as may be directed
by counsel for the City.
- 3 -
r-;....
,
"-'
-
....,.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT BY AND BETWEEN THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY AND THE CITY OF SAN
BERNARDINO
SECTION 3.
This Resolution shall take effect upon
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
day of
,
1992, by the following vote, to wit:
Council Members:
~
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
city Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
Mayor of the city of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
BY:~
/
CSBOlOO12lDOC\29
- 4 -
(''''
--
~
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF SAN BERNARDINO )
I, City Clerk of the City of
San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Mayor and Common Council of the City of San Bernardino
Resolution No. is a full, true and correct copy of that
now on file in this office.
ss
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Mayor and Common Council of the
City of San Bernardino this day of
1992.
City Clerk
City of San Bernardino
,........
-.I
--
LOAN AGREEMENT
This Agreement is made on the
day of
,
1992, by and between the San Bernardino Regional Airport Authority
(the "Authority") and the city of San Bernardino (the "City").
RECITALS
1. The Joint Exercise of Powers Agreement Creating An
Agency To Be Known As The San Bernardino Regional Airport Authority
(the "JPA Agreement") governs the operations of the Authority.
2. Section 3 of the JPA Agreement and Government Code
Section 6508 provide that the Authority has the powers to make and
enter into contracts and to incur long-term and short-term debts,
liabilities or obligations, which are not debts, liabilities or
obligations of the City, County of San Bernardino, City of Colton,
City of Redlands, City of Highland and City of Lama Linda
(collectively, the "Members").
3. Section 5 of the JPA Agreement and Government Code
Section 6504 provide that the Members may make contributions from
their treasuries for the purposes set forth therein, make payments
of public funds to defray the cost of such purposes, and make
advances of public funds for such purposes, such advances or
payments to be repaid as provided therein.
-1-
tJ
-
,<"""'.....
'-"
4. In accordance with section II of the JPA Agreement,
the Members desire to loan to the Authority the total sum of Fifty-
Two Thousand Five Hundred Dollars ($52,500), of which the County of
San Bernardino, City of Highland, City of Redlands, City of Loma
Linda and city of Colton shall each loan the Authority the sum of
Seven Thousand Five Hundred Dollars ($7,500) and the City shall
loan the Authority the sum of Fifteen Thousand Dollars ($15,000),
for the purpose of. paying the necessary annual budgeted
expenditures of the Authority (the "Member Loans").
NOW, THEREFORE, the Authority and the City agree hereby
as follows:
Section 1.
Within seven (7) days of the date of this
Agreement, the city shall loan to the Authority the sum of Fifteen
Thousand Dollars ($15,000) (the "San Bernardino Loan"). During the
term of this San Bernardino Loan and any extensions hereto, such
San Bernardino Loan shall bear interest at a rate per annum equal
to the rate of interest announced by the Local Agency Investment
Fund (LAIF) and in effect as of the date of this Agreement. Such
rate of interest shall be in effect until the first anniversary
date of this Agreement, and the rate of interest shall then be
reestablished as of the first anniversary date, and as of each
subsequent anniversary date thereafter, based upon the LAIF rate of
interest then in effect as of each such anniversary date for the
subsequent l-year period.
-2-
1''"'\
',-,
"""'
-
section 2.
Except as provided in section 4 below,
principal and interest on the San Bernardino Loan and the other
Member Loans shall be due and payable five (5) years from the date
of this Loan Agreement. The Authority shall pay accrued and unpaid
interest prior to any payments of principal if and to the extent
determined by the Authority, and the Authority may prepay all or
portions of the San Bernardino Loan and the other Member Loans
without penalty on the same proportionate basis without priority of
payments to anyone Member over that of any other Member or
Members.
Section 3.
The San Bernardino Loan and the other
Member Loans shall be subordinated to all other obligations of the
Authority regardless of when in time such other obligations may be
incurred by the Authority and shall be repaid proportionately to
each Member from the first legally available surplus operating
revenues of the Airport Facility as may be determined by the
Authority or from the proceeds of any municipal bond financing to
the extent legally available and as may be determined by the
Authority.
Section 4.
The Authority may at its sole discretion
extend the maturity date of the San Bernardino Loan made pursuant
to this Agreement and the other Member Loans for an additional
period of time not to exceed five (5) years in the event the
Authority finds and determines that there are insufficient funds to
-3-
..-
'-'
~."'...
,-'
repay all the Member Loans as of any maturity date. The terms of
the San Bernardino Loan shall not be extended unless the term of
the other Member Loans are simultaneously extended for an identical
period of time.
Section 5.
The Authority and the city acknowledge and
agree that identical loans to that of the San Bernardino Loan have
been made by each of the Members to the Authority in the amounts as
referred to in the recitals as the "Member Loans". None of the
Member Loans shall have priority of anyone over another either as
to the payment of principal or interest and all payments or
prepayments of principal or interest shall be made on a
proportionate basis as to each of the Member Loans.
-4-
c'
1"'""'_
-'
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written.
SAN BERNARDINO
REGIONAL AIRPORT AUTHORITY
By:
Title:
(SEAL)
ATTEST:
Secretary
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
CSBOlOOI2IDOCI27
7\1(l'.92 3:25
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By:
-5-
c
lJif-,;j
fl{Y7 :;tf 1'1
-'
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN LOAN AGREEMENT BY AND BETWEEN THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
AND THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino (the "City") is a
charter city, duly created and existinq pursuant to the
Constitution and the laws of the State of California; and
WHEREAS, the San Bernardino Reqional Airport Authority
(the "Authority") has been created by the leqislative bodies of
its member jurisdictions (the "Members") pursuant to a certain
aqreement entitled "Joint Exercise Of Powers Aqreement Creatinq
An Aqency To Be Known As The San Bernardino Reqional Airport
Authority" (the "JPA Aqreement") in accordance with Section 6500,
~ ~., of the California Government Code; and
WHEREAS, the Authority was created primarily for the
purposes of acquirinq, operatinq, repairinq, maintaininq and
administerinq the aviation related portions of the Norton Air
Force Base as a public airport; and
WHEREAS, Section 3 of the JPA Aqreement and Government
Code Section 6508 provide that the Authority has the powers to
make and enter into contracts and to incur lonq-term and short-
term debts, liabilities or obliqations, which are not debts,
liabilities or obliqations of its Members; and
- 1 -
0_/
,"."",",
-
-,
,
,.-
WHEREAS, Section 5 of the JPA Agreement and Government
Code Section 6504 provide that the Members may make contributions
from their treasuries for the purposes set forth therein, make
payments of public funds to defray the cost of such purposes, and
make advances of public funds for such purposes, such advances or
payments to be repaid as provided therein; and
WHEREAS, in accordance with Section 11 of the JPA
Agreement, the City and the Authority desire to enter into a
certain Loan Agreement, pursuant to which, the City would loan
sums to the Authority for the purpose of paying the necessary
annual budgeted expenditures of the Authority; and
WHEREAS, on July 1, 1992, the Commission of the
Authority authorized execution of the Loan Agreements with each
of its Members; and
WHEREAS, the City Council of the City, at this time,
deems it appropriate to approve the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City Council hereby approves the
Loan Agreement, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference as though fully set forth at
length herein.
- 2 -
r-.,
'-'
/--.",
>.../
SECTION 2.
The City Council hereby authorizes the
Mayor of the City to execute the Loan Agreement as set forth in
Exhibit "A" with any non-substantive changes as may be directed
by counsel for the City.
- 3 -
c
"c.......
......."./
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN LOAN AGREEMENT BY AND BETWEEN THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY AND THE CITY OF SAN
BERNARDINO
SECTION 3.
This Resolution shall take effect upon
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
day of
,
1992, by the following vote, to wit:
Council Members:
AYES
~
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
BY:~\
,/
CSBO\OO12\D0C\29
- 4 -
("
.......
_.
"-
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF SAN BERNARDINO )
I, City Clerk of the City of
San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Mayor and Common Council of the City of San Bernardino
Resolution No. is a full, true and correct copy of that
now on file in this office.
ss
IN WITNESS WHEREOF, I have hereunto set my hand
affixed the official seal of the Mayor and Common Council of
city of San Bernardino this day of
1992.
and
the
,
City Clerk
City of San Bernardino
r'~-'"
I,
'-'
-......,
....
LOAN AGREEMENT
This Agreement is made on the
day of
,
1992, by and between the San Bernardino Regional Airport Authority
(the "Authority") and the city of San Bernardino (the "City").
RECITALS
I. The Joint Exercise of Powers Agreement Creating An
Agency To Be Known As The San Bernardino Regional Airport Authority
(the "JPA Agreement") governs the operations of the Authority.
2. Section 3 of the JPA Agreement and Government Code
Section 6508 provide that the Authority has the powers to make and
enter into contracts and to incur long-term and short-term debts,
liabilities or obligations, which are not debts, liabilities or
obligations of the City, County of San Bernardino, City of Colton,
City of Redlands, City of Highland and City of Loma Linda
(collectively, the "Members").
3. Section 5 of the JPA Agreement and Government Code
Section 6504 provide that the Members may make contributions from
their treasuries for the purposes set forth therein, make payments
of public funds to defray the cost of such purposes, and make
advances of public funds for such purposes, such advances or
payments to be repaid as provided therein.
-1-
"..-.
'-'
...'......
'-'
4. In accordance with section 11 of the JPA Agreement,
the Members desire to loan to the Authority the total sum of Fifty-
Two Thousand Five Hundred Dollars ($52,500), of which the County of
San Bernardino, City of Highland, City of Redlands, City of Loma
Linda and city of Colton shall each loan the Authority the sum of
Seven Thousand Five Hundred Dollars ($7,500) and the City shall
loan the Authority the sum of Fifteen Thousand Dollars ($15,000),
for the purpose of. paying the necessary annual budgeted
expenditures of the Authority (the "Member Loans").
NOW, THEREFORE, the Authority and the City agree hereby
as follows:
Section 1.
Within seven (7) days of the date of this
Agreement, the City shall loan to the Authority the sum of Fifteen
Thousand Dollars ($15,000) (the "San Bernardino Loan"). During the
term of this San Bernardino Loan and any extensions hereto, such
San Bernardino Loan shall bear interest at a rate per annum equal
to the rate of interest announced by the Local Agency Investment
Fund (LAIF) and in effect as of the date of this Agreement. Such
rate of interest shall be in effect until the first anniversary
date of this Agreement, and the rate of interest shall then be
reestablished as of the first anniversary date, and as of each
subsequent anniversary date thereafter, based upon the LAIF rate of
interest then in effect as of each such anniversary date for the
subsequent 1-year period.
-2-
-.
'-'
..A'"",,",
"-"
Section 2.
Except as provided in Section 4 below,
principal and interest on the San Bernardino Loan and the other
Member Loans shall be due and payable five (5) years from the date
of this Loan Agreement. The Authority shall pay accrued and unpaid
interest prior to any payments of principal if and to the extent
determined by the Authority, and the Authority may prepay all or
portions of the San Bernardino Loan and the other Member Loans
without penalty on the same proportionate basis without priority of
payments to anyone Member over that of any other Member or
Members.
Section 3.
The San Bernardino Loan and the other
Member Loans shall be subordinated to all other obligations of the
Authority regardless of when in time such other obligations may be
incurred by the Authority and shall be repaid proportionately to
each Member from the first legally available surplus operating
revenues of the Airport Facility as may be determined by the
Authority or from the proceeds of any municipal bond financing to
the extent legally available and as may be determined by the
Authority.
Section 4.
The Authority may at its sole discretion
extend the maturity date of the San Bernardino Loan made pursuant
to this Agreement and the other Member Loans for an additional
period of time not to exceed five (5) years in the event the
Authority finds and determines that there are insufficient funds to
-3-
,-,
r",
'-'
'-"
repay all the Member Loans as of any maturity date. The terms of
the San Bernardino Loan shall not be extended unless the term of
the other Member Loans are simultaneously extended for an identical
period of time.
Section s.
The Authority and the City acknowledge and
agree that identical loans to that of the San Bernardino Loan have
been made by each of the Members to the Authority in the amounts as
referred to in the recitals as the "Member Loans". None of the
Member Loans shall have priority of anyone over another either as
to the payment of principal or interest and all payments or
prepayments of principal or interest shall be made on a
proportionate basis as to each of the Member Loans.
-4-
-
----
.
"."'''-.
,;
......
~,
.-
IN WITNESS WHEREOF, the Parties hereto have caused this
Aqreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written.
SAN BERNARDINO
REGIONAL AIRPORT AUTHORITY
By:
Title:
(SEAL)
ATTEST:
Secretary
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
CSBOIOOI2\D0C\27
7\10\92 3:25
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By:
-5-