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HomeMy WebLinkAboutNew Clubhouse at the County Park COUNTY - CITY AGREEMENT NEW CLUBHOUSE AT THE COUNTY PARK CLUBHOUSE-COUNTY PARK r y ,, • a/ J �CP U� March 28, 1969 Honorable Mayor and Members of the City Council Arcadia, California Re: Proposed new clubhouse at Arcadia County Regional Park Gentlemen: We attach a letter and sample Joint Exercise of Powers Agreement from. the County Chief Administrative Officer' s office as the suggested approach for the improvement of the County Park. The question contained in the letter is whether the City would be interested in entering into such an agreement to accomplish the financing. Under this plan there is no finan- cial obligation or liability upon the City. It is recommended that the Council approve the approach in principle and • authorize the City Attorney and me to work with the County staff in the development of an agreement appropriate to the County Park project. Respectfully submitted, eze } YMAN H. if ZAD City Manag LHC:jh Attachments V� frk 3 le • 4 • Stile **0 • r1y Of LOS,NCe � CHIEF ADMINISTRATIVE OFFICER• • _ r,w7• • COUNTY OF LOS ANGELES • �� ", • 713 HALL OF ADMINISTRATION • LOS ANGELES, CALIFORNIA 90012 ,LIFORI MEMBERS OF THE BOARD OF SUPERVISORS L. S. HOLLINGER CHIEF ADMINISTRATIVE OFFICER ERNEST E.DEBS March 6, 1969 CHAIRMAN FRANK G.BONELLI KENNETH HAHN CITY OF ARCADIA BURTON W.CHACE WARREN M.DORN Mr. Lyman Cozad MAR 17 1969 City Manager City of Arcadia CITY MANAGER 240 West Huntington Drive Arcadia, California 91006 Dear Mr. Cozad: Subject: PROPOSAL FOR A NEW CLUBHOUSE AT ARCADIA COUNTY REGIONAL PARK On the motion of Supervisor Frank G. Bonelli, the County Board of Supervisors adopted an order referring to the • Chief Administrative Office a letter from Mayor Don W. Hage which expressed the interest of the City of Arcadia in having a new clubhouse facility constructed at Arcadia County Regional Park. The Board Order also requested this office to implement the necessary steps for such construc- tion through appropriate long-term financing. Long-term financing can be accomplished by means of a joint exercise of powers agreement entered into between the City of Arcadia and the County, whereby a public authority is created for the purpose of acting as a public entity sepa- rate and apart from the City and County with authority to sell bonds to construct the clubhouse facility. The public authority may then lease the facility to the County. The revenue from the lease is the security for the bonds. The City of Arcadia would be under no financial obligation as a result of this arrangement. A public authority is administered by a governing board, usually composed of five members. In this instance two board members would be appointed by your City Council and three members appointed by the County Board of Supervisors. Save a Mr. Lyman Cozad March 6, 1969 Page 2 In a similar situation, the County has entered into a joint exercise of powers agreement with the City of Commerce and the City of Bell Gardens for the purpose of creating a public authority to finance the construction of Sheriff's facilities in East Los Angeles. A copy of this joint exer- cise of powers agreement is enclosed. The proposed agreement with your City would substantially follow this form. The purpose of this letter is to inquire if the City of Arcadia would be interested in entering into a joint exercise of powers agreement with the County to accomplish financing of a new clubhouse, and if so, to obtain an expression of your approval in principal. If you wish to discuss anything concerning this proposal, please call the undersigned or Mr. Greg Lins of this office at 625-3611, extension 6574.5. Very truly yours, L. S. HOLLINGER CHIEF ADMINISTRATIVE OFFICER C. R. Schoeppe�� CHIEF, CAPITAL PROJECTS DIVISION CRS:GAL "Ts Attachment April v 1(.„, 1343 X�ml A *NS • JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF COMMERCE AND THE CITY OF BELL GARDENS AND THE COUNTY OF LOS ANGELES CREATING THE EAST LOS ANGELES COUNTY FACILITIES AUTHORITY THIS AGREEMENT, dated April 23 , 1968, is between the CITY OF COMMERCE, a municipal corporation duly organized and existing under the laws of the State of California (hereinafter called "Commerce") and the CITY OF BELL GARDENS, a municipal corporation duly organized and existing under the laws of the State of California (hereinafter called "Bell Gardens") and the COUNTY OF Los ANGELES, a subdivision of the State of California (hereinafter called the "County"); WHEREAS, Commerce and Bell Gardens (hereinafter sometimes referred to collectively as the "Cities") and the County are each empowered by law to acquire, construct, maintain, operate and lease public safety buildings with facilities and appurtenances necessary or convenient therefor; and WHEREAS, the Cities and County are of the opinion that such facilities should be constructed within the area (hereinafter called the "Site") as shown and described on attached Exhibit "A", hereby made a part hereof; and WHEREAS, such facilities will serve and be of benefit to the inhabitants of the Cities and of the County; Now,THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500, hereinafter called "Act") relating to the joint exercise of powers common to the Cities and the County. The Cities and the County each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to exercise such powers by acquiring, constructing, maintaining, operating and leasing public safety buildings, with facilities and appurtenances necessary or convenient therefor, including a special enforcement detail headquarters building, a service building, and an addition to the existing East Los Angeles Sheriff's Station, together with necessary site development and on and off site utility improve- ments and access roads (said facilities being hereinafter called the "Buildings" or the "Project"). Such purpose will be accomplished, and said common powers exercised, in the manner hereinafter set forth. SECTION 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof or until all revenue bonds including any series thereof herein provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceedings for the issuance thereof, whichever date is earlier. SECTION 3. Agency. A. Creation of Agency. Pursuant to Section 6506 of the Act, there is hereby created a public entity separate from the parties hereto, to be known as the "East Los Angeles County Facilities Authority" (hereinafter called the "Authority") and said Authority shall be a public entity separate and apart from the Cities and the County. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to the Agreement. 1 1411100' Governing Board. The Authority shall be administered by a governing board of five members, each serving in his individual capacity as a member of the governing board. Three members are to be appointed by the County Board of Supervisors, one member is to be appointed by the City Council of Commerce, and one member is to be appointed by the City Council of Bell Gardens. Each member shall serve the terms below specified at the pleasure of the appointing authority. Three members of the gov- erning board shall serve a four-year term and two members shall serve a two-year term. The members serving the short term shall be determined by lot during the first meeting following their appointment. Vacancies during a term and successors following expiration of the terms of any mem- bers shall be filled in the same manner as the original appointments. Members shall receive no compensation. C. Meetings of the Governing Board. (1) Regular Meetings. The governing board of the Authority shall provide for its regular, adjourned regular and special meetings; provided, however, it shall hold at least one regular meeting in each year and such further meetings as the Cities and County may reasonably request depending on the pressure of business. The dates upon which, and the hour and place at which, any regular meeting shall be held shall be fixed by resolution and a copy of such resolution shall be filed with each party hereto. The place of regular meetings shall be a City or County building within the County of Los Angeles. (2) Ralph M. Brown Act. All meetings of the governing board of the Authority, including, without limitation, regular, adjourned regular and special 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 Gov- ernment Code). (3) Minutes. The Secretary of the Authority shall cause to be kept minutes of the meetings, both regular, adjourned regular and special, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the governing board and to the Cities and to the County. (4) Quorum. A majority of the governing board of the Authority shall constitute a quorum for the trans- action of business, except that less than a quorum may adjourn from time to time. D. Officers. The Board of Supervisors shall appoint the Chairman of the governing board of the Authority for its first year of operation and thereafter as of each successive July 1st, said governing board shall elect or re-elect its Chairman. The Secretary of said board shall be the Clerk of the County Board of Supervisors. The Treasurer of the Authority shall be the duly appointed, qualified and acting County Treasurer serving ex-officio as Treasurer of the Authority subject to the provisions of Sec- tion 13 hereof. The Controller of the Authority shall be the duly appointed, qualified and acting County Auditor serving ex-officio as Controller of the Authority subject to the provisions of Section 12 hereof. The duly appointed and acting County Counsel of the County or his duly authorized deputy shall attend the meetings of Authority and shall also on request advise the governing board in connection with any business relating to the County. When requested, the duly appointed and acting City Attorney of Commerce or the duly appointed and acting City Attorney of Bell Gardens shall advise the Authority in connection with any business relating to Commerce or Bell Gardens, respectively. In the event of any conflict between the County and the Authority, or be- tween any of the parties to this Agreement, the Authority may appoint other counsel to represent the Authority in such matters. 2 E. Rules. The governing board of the Authority may adopt, from time to time, such rules and regulations for the conduct of its meetings and affairs as may be required. SECTION 4. Powers. The Authority shall have the powers common to Commerce, Bell Gardens and County set forth in Section 1 of this Agreement, to wit: acquiring, constructing, maintaining, operating and leasing public safety buildings with facilities and appurtenances necessary or convenient therefor (hereinafter referred to as "common powers"). The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of said common power for said purpose including, but not limited, to any or all of the following: to make and enter into contracts, to employ agents and employees, to acquire, construct, manage, maintain and operate any buildings, works or improvements, to acquire, hold or dispose of property within the County of Los Angeles, to lease the Site and Buildings or any part thereof, to incur debts, liabilities or obligations which do not constitute a debt, liability or obligation of Commerce or Bell Gardens or the County, and to sue and be sued in its own name. Such powers shall be exercised in the manner provided in the Act, and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the County in the exercise of similar powers. The Authority may also issue revenue bonds pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6540, hereinafter called "Bond Act") and any other applicable laws of the State of California. SECTION 5. Fiscal Year. For the purposes of this Agreement, the term "fiscal year" shall mean the fiscal year as established from time to time by the County, being, at the date of this Agreement, the period from July 1 to and including the following June 30. SECTION 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, all property of the Authority both real and personal, except for surplus money, shall automatically vest in County and shall thereafter remain the sole property of the County and the appropriate officers of Authority and/or Commerce and/or Bell Gardens shall execute and deliver to County a grant deed confirming title in County for record purposes. Any surplus money on hand at such time shall be returned to the Cities and the County in proportion to the contributions made by each. For purposes of this computation the aggregate of all moneys and property (excepting the fair value of all services rendered during the entire term) shall be deemed to constitute the contributions made by each. SECTION 7. Lease of Site to Authority. Within a reasonable time after the execution of this Agreement, County shall lease to Authority for the duration of this Agreement and for a consideration of ONE DOLLAR ($1.00) the real property described in Exhibit "A", provided, however, that County may reserve such rights and easements as are reasonably necessary and which do not interfere with the purposes of this Agreement. SECTION 8. Design and Construction. County shall prepare, or cause to be prepared, schematic plans, preliminary plans and specifications and final plans and specifications for the Buildings to be located on the real property leased to Authority. Copies of all such plans and specifications shall be filed with Commerce and Bell Gardens. Said plans and specifications may provide for construction in stages or appropriate phases, if desired by County. 3 ' f 7 Upon receipt of final plans and specifications from County, Authority shall call for competitive bids to let a construction contract for the Buildings. The Authority shall award the construction contract to the lowest bidder after the approval of said lowest responsible bidder by County. The Buildings shall then be constructed by the lowest bidder in accordance with the plans and specifications approved by County. County personnel, acting on behalf of the Authority, shall administer the contract, supervise the work, inspect and test all materials and perform all other necessary job procedures. Regular County procedures shall govern the contract administration, supervision of work, and inspection and testing of materials. Authority shall have no functions or responsibility in connection with the contract administration, supervision of work, inspection and testing of materials or other job procedures. Any approvals required by County and by any construction contract shall be given in such manner as County shall prescribe. Changes in the work or in any construction contract shall be made in the following manner: a. As to those changes or modifications subject to the provisions of Government Code • Sections 25461 and 25462, by written modification of the construction contract entered into by the Authority with the prior approval of the Board of Supervisors of the County in the manner specified by said Sections. b. As to those changes subject to the provisions of Government Code Section 25466, by written change order signed by the County Engineer (in the event the Board of Supervisors has authorized a general procedure permitting the County Engineer to consent to such changes in accordance with said Section). c. By change order issued by the County Engineer for unit price changes in the work for items of work done under unit prices to the extent permitted by law. Authority may reimburse or pay County at its option for costs incurred and payments made by advances or otherwise by County. SECTION 9. Use and Occupancy. By agreements entered into on January 13, 1964, and February 1, 1964, the County agreed to provide, through the County Sheriff, police protection services within the corporate limits of Bell Gardens and Commerce, respectively, including traffic enforcement, license inspection and enforce- ment, the supplying of crossing guards and school safety officers and any other services in the field of public safety, law, or traffic enforcement or related fields within the legal power of the Sheriff to provide, as requested by the respective Cities. The Project will enable the County both to provide better police protection services within certain unincorporated areas of the County and also to discharge its duty of providing such services to the Cities in consideration of the payments to be made by the Cities under the terms of said agreements of January 13, 1964, and February 1, 1964. Thus, while it is intended that occupancy of the police protection facilities will be pri- marily by the County, the Project will directly serve and benefit both the County and the Cities. SECTION 10. Revenue Bonds. The power to issue and sell revenue bonds as authorized by this Agreement is subject to the following provisions in addition to applicable statutes: a. The amount of revenue bonds that may be issued pursuant to Section 4 shall be in such amount as the Board of Supervisors shall approve as being necessary to carry out the purpose of this Agreement and any lease and leaseback agreements between County and the Authority. b. The sale and issuance of such revenue bonds by Authority shall be subject to the prior approval of the Board of Supervisors of County. Revenue bonds shall be sold by competitive 4 rrr+7 ' bidding in accordance with Section 1102 of the Government Code or, with the approval of the Board of Supervisors of County, at private sale. c. No term or condition for the issuance of any revenue bond shall be such as to restrict County in the quiet use and enjoyment or operation of the Buildings leased to County so long as County pays to the Authority the rental therefor and discharges all other obligations required under the terms of any Lease executed between the Authority and County. The Authority shall have the additional power to incur other forms of indebtedness pursuant to Section 6547.1 of the Government Code, subject however, to the same limitations and restrictions set forth in subparagraphs "a", "b", and "c" above. The services of bond counsel, financing consultants and architects working on the Project and/or its financing shall be used by the Authority. The fees and expenses of such counsel, consultants and architects shall be paid from the proceeds of the revenue bonds and County may be reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the issuance of such revenue bonds. SECTION 11. Lease and Operation by the County. The Authority established hereunder shall lease or if construction is phased lease by means of separate leases with separate rental payments, the Buildings to the County for a term to end at the same time as this Agreement or earlier. Such lease or leases shall not result in a merger of the interest of the Authority under the Ground Lease so long as any obligations of the Authority secured by the Bonds are outstanding. County shall pay rental in any lease or leases in an amount which, together with other payments, if any, will be not less than the amount required by the Authority each year to discharge all of its debts and obligations, including, without limitation, payment of principal of, and interest on, its outstanding revenue bonds. The County shall operate and maintain, at its own cost and expense, the Project either acting on its own behalf or through any other public or private person, firm, partnership or entity in such manner as shall comply with any covenants which the Authority makes in the proceedings for the issuance of its revenue bonds. Said lease or leases shall also contain such terms and conditions as are necessary to carry out the provisions of Section 9 hereof and to enable the County to discharge its obligations under the agreements referred to therein. County shall have the right to add to the Project any and all buildings, structures or facilities which are needed for use by the County and issue bonds therefor. County shall also have the right to sublease under any lease from Authority to any persons, firms, corporations, associations or persons or groups of any kind, public or private, as it may desire in its sole discretion, subject to limitations provided by law or referred to herein. The County or Commerce or Bell Gardens may in the appropriate circumstance when required hereunder: (a) make contributions from its Treasury for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equip- ment or property in lieu of other contributions or advances. The provisions of Government Code • Section 6513 are hereby incorporated into this Agreement. SECTION 12. Accounts and Reports. To the extent not covered by the duties assigned to any trustee, the Controller of Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of the resolution for the issuance of bonds of the Authority. The books and records of the Authority in the hands of the trustee or the Controller shall be open to inspection at all reasonable 5 • `441Ilr` times by representatives of the Cities and the County. The Controller of Authority, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Cities and to the County to the extent such activities are not covered by the report of the trustee. The trustee,if any,appointed under the resolution for the issuance of bonds of the Authority shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said resolution. Said trustee may be given such duties in said resolution as may be desirable to carry out this Agreement. SECTION 13. Funds. Subject to the applicable provisions of the resolution for the issuance of bonds of the Authority, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds (i) pursuant to the accounting procedures developed under Section 12 hereof, and (ii) as nearly as possible in accordance with normal County procedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. SECTION 14. Notices. Notices hereunder shall be sufficient if delivered to: Commerce—City Clerk, City Hall, Commerce, California. Bell Gardens—City Clerk, City Hall, Bell Gardens, California. County—Clerk of the Board of Supervisors. Authority—Secretary—At such address as Authority shall designate for such purpose. SECTION 15. Miscellaneous. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such State and is to be so construed. SECTION 16. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. SECTION 17. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. CITY OF COMMERCE (Seal ) By s/ Maurice H. Quigley Mayor ATTEST: s/ Lawrence W. O'Rourke City Clerk (Seal) I HEREBY APPROVE the form and legality of the foregoing Agreement this?` _ .lay of May , .1968 s/ William Camil City Attorney CITY OF BELL GARDENS By s/ William R. Irvine Mayor Attest: (Seal) s/ Helen S. West City Clerk (Seal) 7