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HomeMy WebLinkAbout05.M- Successor Agency RESOLUTION (ID # 4669) DOC ID: 4669 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Appointment From: Lisa Connor M/CC Meeting Date: 10/03/2016 Prepared by: Lisa Connor, (909) 663- 1044 Dept: Successor Agency Ward(s): All Subject: Resolution of the Board of the San Bernardino Joint Powers Financing Authority Establishing Regular Meeting Dates and Appointing Secretary and General Counsel (#4669) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On December 4, 1995, the Board of the San Bernardino Joint Powers Financing Authority authorized the issuance of the San Bernardino Joint Powers Financing Authority Lease Revenue Bonds (State of California Department of Transportation Lease) 1995 Series A to finance the acquisition of real property and the construction of an office building and related facilities at 464 West 4t" Street in the City of San Bernardino. Effective December 1, 1995, the Authority entered into a lease of the above property to the California Department of Transportation for a term ending December 1, 2020, subject to possible extension but terminating no later than December 1, 2094. Background: The San Bernardino Joint Powers Authority (the "Authority") was formed in 1989 by the execution of a joint powers authority agreement (the "JPA Agreement") between the City of San Bernardino and its Redevelopment Agency. One of the purposes of the Authority is to provide funds for the financing of public capital improvements through the issuance of bonds. The current members of the Authority are the City and the Redevelopment Successor Agency. The JPA Agreement provides that the Authority I shall be administered by a Board (the "Board") consisting of the members of the Common Council of the City, and that the City Mayor shall serve as the chairperson of the Authority. As stated, in 1995 the Authority issued lease revenue bonds to obtain funding to acquire and construct the property referenced above. The Authority also entered into a lease- purchase agreement with the State of California Department of Transportation ("Caltrans") for the lease of the project. The bonds are secured by the lease and hence Updated: 9/28/2016 by Jolena E. Grider I Packet Pg. 664 4669 are a debt of the State and not the Authority. The lease payments are equal to the debt service on the bonds and are about $5 million per year for 23 years, ending in 2020, totaling about $113 million. Caltrans has the option to purchase the property by either fully paying off the bonds or paying $3,835,356. If the option has not been exercised by December 1, 2094, the lease terminates and the Authority retains the property. As constructed, the project consists of a twelve story building providing approximately 336,000 gross square feet of office and support space plus a separate parking structure for 925 automobiles. Caltrans has the sole responsibility for the maintenance and repair of the property while it is in possession of it, and is required to insure the property. Caltrans seeks to reduce its debt service payments through issuance of refunding bonds by the Authority. As before, payment of the debt service on the bonds will be the sole obligation of the State and not the Authority. Section 6592.1 of the California Government Code provides that a joint powers authority such as the Authority may only issue bonds at a regular meeting of its governing board. Currently, the Board has not established a schedule of regular meetings. However, Section 4.C.(1) of the JPA Agreement authorizes the Board to provide for the holding of regular meetings by resolution. The attached resolution establishes October 17, 2016 and November 7, 2016 as regular meeting dates for the Board and authorizes the meetings to be held jointly with the Mayor and Common Council meetings on those dates. Although only one meeting of the Board is expected to be needed to approve the necessary documents for the refunding, the precise date on which the documents will be completed is not yet known, and so two meetings are recommended as a precaution. If one of the meetings is not needed, it can be cancelled. Lastly, the resolution appoints the City Clerk as Secretary of the Authority and the Office of the City Attorney as its General Counsel. Section 4.D(1) of the JPA Agreement provides that the Authority shall appoint a Secretary of the Authority by resolution and the appointment of the City Clerk is proposed pursuant to that provision. Outside counsel for the RDA previously acted as counsel for the Authority, but with the loss of funding as a result of redevelopment agency dissolution it is recommended that the Office of the City Attorney serve as counsel to the Authority. City Attorney Review: Supporting Documents: Reso Setting meetings appointing officers (DOC) 10 Updated: 9/28/2016 by Jolena E. Grider Packet Pg.665 1 RESOLUTION NO. 2 RESOLUTION OF THE BOARD OF THE SAN BERNARDINO JOINT POWER 3 FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES AN APPOINTING SECRETARY AND GENERAL COUNSEL 4 WHEREAS, the San Bernardino Joint Powers Financing Authority (the "Authority") is 5 joint exercise of powers authority duly organized and operating pursuant to Chapter 5, Division 6 7, Title 1 of the California Government Code (commencing with Section 6500) (the "JPA Act"); 7 and 8 WHEREAS, the Authority was created by the Joint Exercise of Powers Agreement 9 executed by and between the City of San Bernardino (the "City") and the former Redevelopment 10 Agency of the City of San Bernardino, dated August 21, 1989, as amended (the "JP 11 Agreement"); and 12 WHEREAS, the current members of the Authority are the City and the City of San 13 Bernardino as Successor Agency to the former Redevelopment Agency of the City of San 14 Bernardino; and 15 WHEREAS, Section 4.B. of the JPA Agreement provides that the Authority shall b 16 administered by a Board (the "Board"), which shall consist of the members of the Common 17 Council of the City; and 18 WHEREAS, Section 5 of the JPA Agreement provides that the Authority The Authority 19 shall have the power to finance and refinance public capital improvements throuqh the issuance 20 of notes and bonds; and 21 WHEREAS, to fulfill its purposes, the Authority, from time to time, authorizes the 22 issuance of bonds pursuant to the JPA Act including Article 4 (commencing with Section 6584 23 of Chapter 5, Division 7, Title 1 of the California Government Code therein; and 24 WHEREAS, the public capital improvements financed by the Authority through the 25 issuance of bonds include an office building and related facilities (the "Facilities") located at 46 I West 4t" Street in the City and leased by the Authority to the Department of Transportation of the 2 State of California ("Caltrans"); and 3 WHEREAS, the debt service payments on the bonds issued by the Authority to finance 4 the Facilities consist are made by the State of California and are funded wholly by the leas 5 payments made by Caltrans for the use of the Facilities; and 6 WHEREAS, the State of California seeks to reduce said debt service and lease payment 7 through the issuance by the Authority of refunding bonds; and 8 WHEREAS, Government Code Section 6592.1 provides that a joint exercise of power 9 authority such as the Authority may adopt a resolution authorizing the issuance of bonds only 10 during a regular meeting held pursuant to Government Code Section 54954; and 11 WHEREAS, Section 4.C.(1) of the JPA Agreement provides that the Authority may by 12 resolution fix the dates upon which, and the hour and place at which, any regular meeting of the 13 Authority shall be held; 14 WHEREAS, the Authority desires to adopt this resolution in accordance with the 15 provisions of Section 4.C.(1) of the JPA Agreement and Government Code Sections 6592.1 an 16 54954 to establish dates for regular meetings of the Authority; and 17 WHEREAS, Section 4.D.(1) of the JPA Agreement provides that the Authority shall 18 appoint a Secretary of the Authority by resolution; and 19 WHEREAS, the Authority desires to appoint the City Clerk of the City as the Secretary 20 of the Authority; and 21 WHEREAS, the Authority desires to appoint the Office of the City Attorney of the 22 City as the General Counsel to the Authority. 23 24 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SA BERNARDINO JOINT POWERS FINANCING AUTHORITY AS FOLLOWS: 25 2 I SECTION 1. Each of the foregoing recitals is true and correct. 2 SECTION 2. In accordance with Section 4.C.(1) of the JPA Agreement, an 3 notwithstanding any prior resolutions or actions of the Authority to the contrary, a regular 4 meeting of the Board of the Authority shall be held at 4:00 p.m. on each of November 7, 2016, 5 and November 21, 2016, which regular meetings may be held as a joint meeting of the Board an 6 the Common Council of the City and may be adjourned or continued from time to time as 7 permitted by law, including as set forth in Government Code Sections 54955 and 54955.1. Such 8 regular meetings shall be held in the Council Chamber of the City, located at 300 North "D' 9 Street, San Bernardino, California. In the event that the Secretary determines that there is no 10 business of the Authority to be conducted at either of the regular meetings set forth in this 11 Section 2, then the Chairperson, Vice Chairperson, the Secretary and other officers of the 12 Authority are authorized to take whatever actions are required by law to cancel such regularly 13 scheduled meeting. 14 SECTION 3. The City Clerk of the City is hereby appointed as the Secretary of the 15 Authority and shall be authorized to carry out all the functions of the Secretary as set forth in the 16 JPA Agreement. The office of the City Attorney is hereby appointed as General Counsel to the 17 Authority. 18 SECTION 4. The Chairperson, Vice Chairperson, Secretary, Treasurer and Controller of 19 the Authority and the Authority General Counsel are authorized and directed, jointly an 20 severally, to do any and all things which they may deem necessary or advisable in order to 21 effectuate the purposes of this resolution, and such actions previously taken by such officers are 22 hereby ratified and confirmed. 23 SECTION 5. This resolution shall take effect immediately upon its adoption. 24 25 3 1 RESOLUTION OF THE BOARD OF THE SAN BERNARDINO JOINT POWER FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES AN 2 APPOINTING SECRETARY AND GENERAL COUNSEL 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board o 5 the San Bernardino Joint Powers Financing Authority at a joint adjourned regular meeting 6 thereof, held on the 10th day of October, 2016, by the following vote, to wit: 7 Board Members: AYES NAYS ABSTAIN ABSENT S MARQUEZ 9 BARRIOS 10 VALDIVIA 11 SHORETT 12 NICKEL 13 RICHARD 14 MULVIHILL 15 16 17 Georgeann Hanna, Secretary is 19 The foregoing resolution is hereby approved this_day of October, 2016. 20 21 R. Carey Davis, Chairperson 22 Approved as to form: 23 Gary D. Saenz, Authority General Counsel 24 25 By: 4