HomeMy WebLinkAboutSan Diego, County of; 1967-10-01;JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND THE
COUNTY OF SAN DIEGO
CREATING THE
CARLSBAD BUILDING AUTHORITY
COUNTY CONTRACT
NO. 3963-0100-P
JOINT POWERS AMENDMENT NO. I
THIS JOINT POWERS AMENDMENT NO. 1 dated as of Novem-
ber 7, 1967, is between the City of Carlsbad, a Municipal
Corporation duly organized and existing under the laws of
the State of California (hereinafter called the "City") and
the County of San Diego, a subdivision of the State of Cali-
fornia (hereinafter called the "County");
WITNESSETH:
WHEREAS, City and County desire to change the boundaries
of the real property shown in Exhibit "A" of said Joint Exer-
cise of Powers Agreement;
NOW, THEREFORE, it is agreed as follows:
Exhibit "A" of the Joint Exercise of Powers Agreement
referred to in the recital hereof is hereby amended by deleting
the description set forth therein and in lieu thereof inserting
the following .description:
TITLE INSURANCE AND TRUST'COMPANY
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November 9, 1967
CIVIC CENTER SITE DESCRIPTION
That portion of Tract 117 of Carlsbad Lands, according
to Map thereof No. 1661, filed in the Office of the
County Recorder of San Diego County, March 1, 1915,
described as follows:
Beginning at the Southeast corner of said Tract 117,
thence along the Southeasterly line of said Tract 117,
South 55° 58' 16" West 173.67 feet to the TRUE POINT OF
BEGINNING;
Thence North 34° 01' 44" West 322.77 feet to a point on
the Northerly line of said Tract 117;
Thence along said Northerly line of said Tract 117,
North 89° 24' 42" West, a distance of 372.46 feet;
Thence along a tangent curve to the left, with a radius
of 50.00 feet through an angle of 90° 29' 19", an arc
distance of 78.97 feet;
Thence from a tangent which bears South 39° 42' 48" East,
along a curve to the left, with a radius of 720.00 feet
through an angle of 22° 19' 43", an arc distance of
280.59 feet to a point of reverse curvature;
Thence along said reverse curve to the right with a
radius of 630.00 feet, through an angle of 20° 05' 24",
an arc distance of 220.90 feet to a point of reverse
curvature;
Thence along said reverse curve to the left with a rad-
ius of 52.00 feet, through an angle of 82° 14' 50", an
arc distance of 74.65 feet to the Southeasterly- line of
Tract 117;
Thence along the Southeasterly line of said Tract 117,
North 55° 58' 16" East, a distance of 179.00 feet, more
or less, to the TRUE POINT OF BEGINNING.
EXCLUDING therefrom the Southeaster!'/ 2.00 feet thereof.
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CITY OF CARLSBAD
CIVIC CENTER SITE '
PREPARED BY-'
CITY OF CARLSBAD
ENGINEERING DEPT.
NOVEMBER IO, 1967
NO. 3963-olQO-Pj
Rof;, j-;:.3 a^jvo r...:;.,L,r ;;i e-jcii
commu;.i;£tiin regarding this contract,
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE
COUNTY OF SAN DIEGO CREATING THE
CARLSBAD BUILDING AUTHORITY
THIS AGREEMENT, dated as of October 1, 1967, by and be-
tween THE CITY OF CARLSBAD, a municipal corporation of the State of
California (hereinafter called "City") and the COUNTY OP SAN DIEGO, a
body corporate and politic of the State of California (hereinafter
called the "County");
WlTNESSETH :
WHEREAS, the City and the County are each empowered by law
to acquire, construct, maintain, operate and lease public buildings for
governmental services; and
WHEREAS, the City and the County are of the opinion that, within
the area as shown and described on attached Exhibit "A", hereby made
a part hereof, the property should be developed as a comprehensive
civic center for the purpose of construction and maintenance of various
governmental facilities, including City Offices, City Council Cham-
bers, Police Facilities, and accessory structures, parking, walks, and
landscaping; and
WHEREAS, said facilities will serve and be of benefit to the inhabi-
tants of the City and of the County;
WHEREAS, it is deemed advisable for the parties concerned to enter
into an agreement which will ensure to the people the orderly develop-
ment of the area and provide a vehicle for financing construction of
public buildings in the area;
Now, THEREFORE, the City and the County, for and in considera-
tion of the mutual promises and agreements herein contained do agree
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
1
FILE/PAGE**0- :=?RECORDED REQUEST
TITLE ]NSU RANGE AND TRUST COMPANY
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SERIES 9BOOM968
OFF^AL RECORDS
NO FEE
of California (commencing with Section 6500, hereinafter called "Act")
relating to the joint exercise of powers common to public agencies,
in this case being the City and County. The City and the County
each possess the powers referred to in the recitals hereof. The pur-
pose of this Agreement is to exercise such powers by acquiring a
site for and acquiring, constructing, maintaining, operating and leasing
a public building or buildings for City Offices, City Council Chambers
and Police Facilities with facilities and appurtenances necessary or
convenient for any of the foregoing, including, but not limited to,
accessory structures, parking, walks, and landscaping (herein referred
to as "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 from the date hereof and shall not
be terminated until such time as all revenue bonds 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 or for a period of
forty (40) years whichever shall occur first.
SECTION 3. Authority.
A. Creation of Authority.
Pursuant to Section 6506 of the Act, there is hereby created a
public entity to be known as "Carlsbad Building Authority" (herein-
after called the "Authority"), and said Authority shall be a public
entity separate and apart from the City and the County.
B. Governing Board.
The Authority shall be administered by a governing board of
three (3) members, each serving in their individual capacities as
members of the governing board. Each member shall be appointed by
the City Council of the City subject to the approval of the Board of
Supervisors of County. Said governing board shall be called the
"Governing Board of Carlsbad Building Authority". All voting power
shall reside in the governing board. All members of the governing
board shall be electors of the County.
Members of the governing board shall serve for a four (4) year
term; provided, however, initial appointments shall be for a staggered
period to assure continuity as follows: the City shall appoint one of
its initial members for a two (2) year term and the other two (2) initial
members for four (4) year terms. The initial term of all members shall
be deemed to commence on October 1, 1967. Members of the board
shall serve at the pleasure of the appointing body and until their
respective successors are appointed and qualified.
C. Meetings of Governing Board.
(1) Regular Meetings.
The governing board of the Authority shall provide for its regular
meetings; provided, however, it shall hold at least one regular meeting
each year. The date, hour and place of the holding of the regular
meetings shall be fixed by resolution of the governing board and a
copy of such resolution shall be filed with each party hereto.
(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 Government Code).
(3) Minutes.
The Secretary of the Authority shall cause to be kept minutes of
the regular, adjourned regular and special meetings of the governing
board 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 City and to the County.
(4) Quorum.
A majority of the governing board of the Authority shall con-
stitute a quorum for the transaction of business, except that less than
a quorum may adjourn from time to time.
D. Officers.
The City shall appoint the Chairman of the governing board of
the Authority for a term ending July 1, 1968, thereafter prior to each
successive July 1st said board shall elect its chairman to serve for the
following fiscal year. Said governing board shall elect a Vice-Chairman.
The administrative officer of the Authority shall be the duly appointed
City Manager of the City. Said governing board shall also appoint a
Secretary who may but need not be a member of the governing board.
The Treasurer of the Authority shall be the duly elected and acting
Treasurer of the City serving ex officio as Treasurer of the Authority
and the Auditor of the Authority shall be the duly elected and acting
City Clerk of the City serving ex officio as Auditor of the Authority
to the extent that the duties do not cause a conflict. The Authority may
appoint legal counsel. In the event of any conflict between the City
and the Authority, the Authority may, with the prior consent of City,
appoint other officers, including, without limitation, the offices of Treas-
urer, Auditor and Attorney, to represent the Authority in such matter.
The governing board shall have the power, with the prior consent of
City, to appoint and employ such other officers, employees, consultants,
advisors and independent contractors as it may deem necessary.
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 City and County
set forth in Section 1 of this Agreement, to wit: the powers necessary
or convenient for acquiring, constructing, maintaining, operating and
leasing the Project. The Authority is hereby authorized, in its own
name, to do all acts necessary for the exercise of said common powers
for said purpose, including, but not limited, to any or all of the follow-
ing : 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 by lease but not by sale of
property within the County of San Diego, to lease in any manner to
carry out the purposes hereof the Project or any part thereof, to incur
debts, liabilities or obligations which do not constitute a debt, liability
or obligation of the City 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 City 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 appli-
cable laws of the State of California, whether heretofore or hereafter
enacted or amended.
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 City,
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 auto-
matically vest in City and shall thereafter remain the sole property
of the City, and the appropriate officers of Authority and/or City
shall execute and deliver to City a quitclaim deed confirming title in
City for record purposes. Any surplus money on hand at such time
shall be returned to the City and County in proportion to the contri-
butions made by each. For purposes of this computation the aggre-
gate of all moneys, property and the fair value of all services rendered
during the entire term and not reimbursed shall be deemed to constitute
the contributions made by each.
SECTION 7. Acquisition of Land and Ground Lease.
The land shown on Exhibit A is owned in fee by the City.
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The City shall lease said land, exclusive of such rights and ease-
ments which will not interfere with the use of said land for the purpose
herein stated but which may be necessary for the use and enjoyment
of adjoining land owned by the City, for a term that ends at the same
time as this Agreement for an advance rental of $1.00.
SECTION 8. Plans and Specifications.
The City has employed architects for the Project and said archi-
tects are hereby approved by County. The County has approved the
general concept of the Project and no further approval of County
shall be required. As between the parties, only the City's building
code shall be applied to the construction of the Project. City has had
prepared plans and specifications for the construction of the Project
and said plans and specifications are hereby approved. City shall pro-
vide general administrative supervision of the construction and periodic
inspection of the work. The Authority shall, when it has funds avail-
able therefor, reimburse the City for all costs and expenses incurred
in connection with the preparation of said plans and specifications from
the proceeds of the revenue bonds.
SECTION 9. Construction of Project.
The City, as agent for Authority, shall contract for the construc-
tion of the Project and carry such construction through to completion.
Authority shall pay or reimburse, as the case may be, City for costs
incurred and payments made by City in connection with such construc-
tion. City shall let the construction contractor contracts by competitive
bidding. Such construction contracts shall be let and administered and
the work shall be performed in accordance with City standards in
substantially the same manner and upon the same conditions as are
normally followed by City in constructing its own buildings. The
Authority, or a trustee appointed by the Authority, shall administer
the construction funds in accordance with the applicable procedures
established by the Authority. Such procedure shall provide, in sub-
stance, that City shall be paid on demand such amounts as it requires
to meet construction payments a reasonable time prior to the time
when such payments are due, upon such demand forms as City shall
establish.
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SECTION 10. Use and Occupancy by City and County.
It is intended by the City and the County that the occupancy of
the Project will be primarily for general City purposes, but that
significant portions of the total Project area will be utilized by County
under present planning.
Some of the intended uses by the County of the Project will in-
clude use of the following areas:
(a) Conference Room.
(b) Interview Room.
(c) Training and Show-up Area.
(d) One Jail Cell.
(e) Visitors-Prisoner Boom.
(f) Attorney-Prisoner Room.
(g) Office Space.
The City and County agree that the aforementioned space and
facilities to be provided will be made available for use by the County
under a sublease or other agreement to be made with the City, and
the County shall pay a reasonable value on a per diem or other basis
for said use.
At the present time there is no holding cell available to the Sheriff
or Marshal in the City. The Sheriff and Marshal also lack facilities
for group training, meetings of officers, show-up facilities, clean-up,
shower, and other sanitation needs. The construction of the contem-
plated Project will help solve the above problems and will be the initial
step in cooperative use of public safety facilities. W£fflthe Project
is completed the Sheriff and Marshal intends to make use of that
portion of the facilities in the Project listed above. In addition, the
Sheriff intends to make use of interrogation, assembly and training
facilities in the Project.
Under present planning similar joint use facilities in future build-
ings could be carried out, particularly for holding prisoners, interro-
gation and other similar police-type activities. Such joint use of the
•*>>
Project and future facilities will be economical for the participants and
will be of benefit to the safety and welfare of the citizens of the incor-
porated and unincorporated areas of San Diego County.
SECTION 11. Revenue Bonds.
The Authority shall issue revenue bonds in accordance with the
provisions of Article 2, Chapter 5, Division 7, Title 1 of the Govern-
ment Code of the State of California (commencing with Section 6540)
for the purpose of exercising its powers and raising funds necessary
to carry out its obligations under this Agreement.
The sale of such revenue bonds by the Authority shall be only by
competitive bidding.
The services of Bond Counsel, Special Legal Counsel, Financing
Consultants and other consultants and advisors working on the Project
and/or its financing shall be used by the Authority. The fees and
expenses of such counsel, consultants and advisors shall be paid from
the proceeds of the revenue bonds and City shall 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, or as an alternative,
the City may elect to pay out of its general fund any or all of the fore-
going fees and expenses, including the costs and expenses referred to
in Section 8 hereof.
SECTION 12. Lease and Operation by the City.
The Authority established hereunder shall lease the Project by
means of an appropriate lease, to the City for a term to end at the
same time as this Agreement. This lease 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.
City shall pay rental in an amount which, together with other pay-
ments, 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 revenue
bonds. The City 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. The lease
shall make provision for subleasing to County all or such portion of
the space to carry out the intent of this Agreement.
The City 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, equipment or property in lieu of other contributions or
advances. The provisions of Government Code 6513 are hereby incor-
porated into this Agreement.
SECTION 13. Accounts and Reports.
To the extent not covered by the duties assigned to a trustee,
the Treasurer 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 a trustee or
the Treasurer shall be open to inspection at all reasonable times by rep-
resentatives of the City and the County. The Treasurer of Authority,
within 120 days after the close of each fiscal year, shall give a com-
plete written report of all financial activities for such fiscal year to
the City and to the County to the extent such activities are not covered
by the report of a trustee. A trustee 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 14. Funds.
Subject to the applicable provision of the resolution for the issu-
ance 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 13 hereof, and (ii) as nearly as possible in accordance
with normal City procedures, shall make the disbursements required
by this Agreement or to carry out any of the provisions or purposes of
this Agreement.
SECTION 15. Notices.
Notices hereunder shall be sufficient if delivered to:
City —City Clerk, City Hall, Carlsbad, California.
County — Clerk of the Board of Supervisors, County Administra-
tion Building, San Diego, California.
Authority — Secretary — At such address as Authority shall des-
ignate for such purpose.
SECTION 16. 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.
To preserve a reasonable degree of flexibility, many parts of this
Agreement are stated in general terms. It is understood that there
will be operating memoranda executed and amended from time to time
which will further define the rights and obligations of the parties.
SECTION 17. 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, provi-
10
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sions, 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 18. Successors.
This Agreement shall be binding upon and shall inure to the benefit
of the successors of the parties.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment 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 CARLSBAD
Attest:
Mayor
ff City Clerk
(Seal)
I HEREBY APPROVE the form and legality of the foregoing Agree-
ment this y..t. day of d&ljtJ.&£.., 1967.
STUART C. WILSON
City Attorney
City Attorney
COUNTY OF SA»y)IEGO
. "V/"—tj^'—i r^**f t '—""" ^* —Chairmanvf me Board of
£rk of the Board, of
Supervisors
(Seal)
I HEREBY APPROVE the form and legality of the foregoing Agree-
ment this JL.^ day of QSfckr..., 1967.
BERTRAM McLEES, JR.
County Counsel
STATE OF CALIFORNIA ?> ^mCOUNTY OF SAN DIEGO \
On the ..... day of jtf*&.Jr. ..... , in the year 1967, before me, the
undersigned, a Notary Public, State of California, duly commissioned
and sworn, personally appearedA^jS-.^7/^/titeiV7^cknown to me to be the
Mayor, and Klhf.^hf.el.K.^j/A.^ known to me to be the City Clerk, respec-
tively, of the CITY OF CAELSBAD, a municipal corporation, that executed
the within instrument, and known to me to be the persons who executed
the within instrument on behalf of said municipal corporation therein
named, and acknowledged to me that such municipal corporation exe-
cuted the within instrument pursuant to a resolution of the City.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year in this certificate first above
written.
WILLIAM C BALDWIN
Notary Public, State of California
My Commission Expires ........................................
[Notarial Seal] My j»mmiMion expires March 26, 1969
WILLIAM C. BALDWIN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
13
STATE OF CALIFORNIA )
I CGCOUNTY OF SAN DIEGO \
tsT ~~On the/.../...relay of a£<z£&4iu2^s.., in the year 1967, before me, the
undersigned, a Notary Public, State of California, duly commissioned
and sworn, personally appeared EGBERT C. COZENS, known to me to be
the Chairman of the Board of Supervisors, and PORTER D. CREMANS,
known to me to be the Clerk of the Board, respectively, of the COUNTY
OF SAN DIEGO, a public corporation, that executed the within instrument,
and known to me to be the persons who executed the within instrument
on behalf of said public corporation therein named, and acknowledged
to me that such public corporation executed the within instrument
pursuant to a resolution of the Board of Supervisors of said County of
San Diego.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year in this certificate first above
written.
Notary Public, State of California
PJJTi-S !>. K"!TM
[Notarial Seal] (*'~ *"\ NOTA,</ i'-,::L,;; - .:.U;FO^NIA
HRir;c!-.i CrTi:t \<\
SAN i-i^GO C'JJNTY
My cornnf::s;on expires Jan. 12, 1968
14
CITY HALL SITE LEGAL DESCRIPTION
All those portions of Tract 117, Carlsbad Lands, in the City
of Carlsbad, County of San Diego, State of California, per
Map No. 1661, filed in the Office of the Recorder of said
County, more particularly described as follows:
Beginning at a point at the Southeast corner of said Tract
117, thence along the Southerly line of said Tract 117 South
55° 58' 16" West 173.77 feet; thence North 34° 01' 44" West
2.00 feet to the TRUE POINT OF BEGINNING; thence continuing
North 34° 01' 44" West 320.77 feet to a point on the Souther-
ly right-of-way line of Laguna Drive; thence North 89° 24' 42"
West 493.95 feet along the said Southerly right-of-way line
of Laguna Drive; thence South 30° 28' 36" West 39.79 feet to
a point on the arc of a 1939.91 foot non-tangent curve, con-
cave Northeasterly, a radial line of said curve bears South
59° 40' 28" West to said point; thence Southeasterly along
the arc of said curve, an arc distance of 92.64 feet, through
a central angle of 2° 44' 10"; thence South 33° 03' 42"East,
335.69 feet; thence South 41° 53' 25 "East 157.61 feet; thence
North 55° 58' 16" East 430.21 feet to the TRUE POINT OF BEG-
INNING.
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