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HomeMy WebLinkAboutC-1507 - Intergovernmental Coordinating CouncilEl 0 CITY OF NEWPORT BEACH CALIFORNIA liy q��c TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1 Description of Contract J City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Authorized by Resolution No. 7906 adopted on January 8, 1973 Effective date of Contract January 2, 1973 Contract with Orange County and other cities Address Intergovernmental Coordinating Council of Orange County Suite 439 Bunk of America Tower One City Coulevard West, Orange . CA 92668 Amount of Contract See pages 3 and 4 of contract ity fteyk 2 7' 8 91 10' 12 13 14 J , ez� 15 �o J U W 16 � W � V W t Z 0 Z � 00 17, V 18 19 FM 21 22 23 24 25 26 27 m 29 30 31 32 VTB:Is PC 192-32 0 0 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA January 2, 1973 On motion of Supervisor Clark, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that the Chairman of this Board is authorized to execute the Joint Powers Agreement dated January 2, 1973 between the County of Orange and those cities which become signatories thereto re- garding the Intergovernmental Coordinating Council of Orange "County, and the Clerk of this Board is hereby directed to attest to same. AYES: SUPERVISORS RALPH B. CLARK, RONALD W. CASPERS AND WILLIAM J. PHILLIPS NOES: SUPERVISORS NONE ABSENT: SUPERVISORS DAVID L. BAKER ABSTAINED: SUPERVISORS R.W. BATTIN STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, WILLIAM E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 2nd day of January , 19 73 , and passed by a „nanimm,a vote of said Boar members voting. IN WITNESS WHEREOF, I have hereunto set my. hand and seal this 2nd day of Januar v 19 73 Resolution No. 73 -1 WILLIAM E. ST JOHN'.. Revised Joint Powers Ag. County Clerk and ex- officio-Clerk Intergovernmental Coordinating of the Board of Supervisors of Council Orange County, California Deputy 1 21 4�! 5 6 7 a 9 10 11 12 13 14 J� dF 15 W0 0 V W � W 16 Z Z • = Z O 00 17 W f • 0 AGREFMF.NT INTERGOVFRNMENTAL COORDINATTNG COUNCIL OF ORANGE COUNTY THIS AGREEMENT is entered into this % "..; day of , 14 7`L, which date is enumerated for purposes of reference only, by and between fte COUNTY OF ORANGE, hereinafter "County," and those cities which become signatories hereto, all of whom understand and agree as follows: ARTICLE I PURPOSE AND POWERS Section 1. Purpose. The Intergovernmental Coordinating Council of Orange County, hereafter "Council," is created as a voluntary agency i established by agreement among its members pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California. The Council is organized as a separate legal entity to provide a forum for planning, discussion and study of regional problems of mutual interest and concern to the members, and to provide a means for cooperative action among the members. The Council shall cooperate with all other local 18 jj agencies. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 sbi 'Om-) 2 Section 2. Powers. The Council shall have such powers as are neces- sary to carry out the above purposes, including, but not limited to, the power to make and enter into agreements; to incur debts and obligations; to employ necessary personnel, experts, and consultants; to lease and dis- pose of real property and acquire and dispose of personal property; to accept gifts and loans; and to apply for and accept grants for operating funds, studies and surveys. It is understood that the Council will, to the maximum degree possible utilize the services and facilities of members in performing its functions) including the utilization of the services of the legal advisors to the various members. It is understood that any decision or determination by the Council i shall be advisory, not mandatory, as to any member, except as otherwise provided herein. • /Z / /�7a` 1. 1 ARTICLL 1I ORGANIZATION ;;j Section 1. Membership. Membership in the Council shall be voluntary 4!, and shall be limited to the County of orange and any incorporated city 51 6 i 81 9' 10 12 131 within said County. The cli.gible governmental agencies signing the in- jstant Agreement shall constitute the initial members of the Council. Thcereafter, any eligible governmental agency desiring to gain membership in the Council may do so by subscribing to this Agreement and satisfying any conditions or requirements for membership which may be imposed by the Council. Section 2. Governing Body. The governing body of the Council shall consist of one representative from each member city. Each such represent- ative shall be a member of the governing board of such city and shall be 14) appointed by, and serve at the will of, said governing board. Each such oz; 15jj member may also appoint, in writing, an alternate representative, who v Oy lii " -- W 16 i1 shall also be a member of the governing body of such city, to serve and O=z= 8; 1-:' vote in the absence of its regular representative. Each member of the lE :l Board of Supervisors of the County of Orange shall also be a member of 19I the governing body. Members of the Board of Supervisors may appoint an 20 21 22 23 24 25 26 27 28 29 30 31 32 v'.r 1 : i alternate, who shall not be entitled to vote. Section 3. Quorum. A quorum of the governing body shall consist of a majority of the representatives; provided, however, that any such quorum shall also comprise a majority of the representatives of the member cities; Action shall be taken by vote of a majority of a quorum; except, however, the Council shall not enter into an agreement nor adopt or amend its by- f laws except at a meeting where two- thirds of all members of the governing body are present and then upon affirmative action of the majority of all ! members of the governing body. Section 4. Bylaws. The Council may adopt such bylaws or procedures consistent with this Agreement as it may find appropriate to govern its functions. 2. I1 Section 5. Funds and Proper. The Treasurer of Orange County 2 shall be the treasurer of the Council and the Auditor - Controller of iii Orange County shall be the auditor of the Council. All funds of the 411111 Council shall be maintained in the County Treasury. The duties of the 51 i Treasurer and Auditor shall be as defined in Sections 6505 and 6505.5 6'y of the Government Code of the Sate of California. The records of the 71 i Treasurer and Auditor shall be open at all times during normal business 8l hours to the inspection of any authorized representative of any member. 9. The Council shall be operated on a fiscal year beginning on July 1 10i of each year and continue until June 30 of the succeeding year. 11 Section 6. Budget. Prior to May 1 of each year, the Council shall 12;1 adopt a final budget for the expenditures of the Council during the fol- 13'I i lowing fiscal year. Contributions in the form of membership assessments 14 shall be made by the members to the Council for the purpose of defraying oz 15;1 its costs of operation. Such assessments shall be computed as follows: woo ""W 4 > 1611 a. One -half of the total cost shall be prorated among 110 014 I i i og 17;; the members on the basis of assessed valuation as set forth 18ill in the last equalized assessment roll of the County of Orange 19 y1 as defined in Section 2052 of the Revenue and Taxation Code; 20, b. One -half of the total cost shall be prorated among 21 the members on the basis of population as determined by the 221 I latest available estimates from the State Department of Finance. 231 The assessment attributable to the County of Orange shall be com- 24i puted according to the above formula as applied to the unincorporated 25i territory of the County. 26 The membership assessment of the County shall not be less than 15% 27 of the total budget, nor shall the assessment of any member city be more 28 than 12% of the total budget. The assessment of each city shall be ad- �9 justed to reflect these limits. 30 Each member shall be advised of the amount of its assessment for 31 !any fiscal year by May 15th of the previous fiscal year. The assessment 32lfor each fiscal year shall be paid by each member on or before August 1 3. F0192 1 .2 1 2 3 4 5 6 8 9 10 11 12 13 14 J � NF 4 i z 15 o>0 W o VV W 16 W � V 012 0 0 1- 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 P0192 1 2 0 0 of such year. Membership assessments for the 1972 -73 Fiscal Year only shall be com -p puted as follows: Upon formation of the Council, the governing body shall adopt a bud for such year and all initial members and any other members who join dur- ing said fiscal year shall pay the following percentages of the adopted II budget, which have been adjusted to reflect the minimum contribution limits on the County and maximum limit on the cities. The percentages listed below will be adjusted to reflect the non - participation of any city. Jurisdictions A Assessed Valuation Population Estimated Used for Computing February 1, 1972 1972 -73 Tax Rates Amount Percent Amount Percent Anaheir. 608,099,032 12.00 183,571 11.00 Brea 68,649,610 1.38 21,143 1.35 Buena Park 184,968,110 3.71 63,933 3.90 -Costa Mesa 219,190,724 4.37 76,860 4.80 Cypress 81,070,670 1.63 35,536 2.00 .Fountain Valley 106,631,580 2.15 46,683 2.90 Fullerton 308,625,524 6.15 88,606 5.30 Garden Grove 251,237,162 4.97 1231136 7.50 :Huntington Beach 410,283,199 8.13 136,952 8.30 Irvine 136,587,810 2.75 22,000 1.36 :Laguna Beach 72,165,920 1.45 14,875 .95 La Habra 115,337,891 2.32 441201 2.80 La Palma 29,943,740 •60 102857 .69 ;Los Alamitos 29,425,930 •59 123171 .78 Newport Beach 398,198,579 7.88 541184 3.40 Orange 241,7741866 4.75 82,779 5.05 Placentia 63,422.,890 1.28 25,838 1.50 San Clemente 68,787,948 1.39 181126 1.16 San Juan Capistrano 29,025,740 58 5,537 .35 Santa Ana 459,687,757 9.12 169,970 10.37 Seal Beach 85343881 1.72 27,374 1.70 Stanton 45,358,318 .91 21,708 1.35 Tustin 68,954,190 1.39 25,632 1.50 Villa Park 1374420 •28 3,693 .24 Westminster 129,909,915 2.62 62,216 3.80 Y.orba Linda 43,678,000 •88 15,798 .95 Total Incorporated Area 4,270,103,236 85.00 1,393,379 85.00 Unincorporated Area (County of Orange) 693,971,784 15.00 171,754 15.00 Total County 4,964,075,020 100.00 1,565,133 100.00 4. Z 3 4 5 61 7'I 81 91 10 I1 l2 13, 14' J r Y� 15; ,Q W I6; • z z 18 4 19, 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 Members joining the Council in any subsequent year shall be required to pay an assessment based on the prorata share of the assessment they would have paid for the entire fiscal year for each quarter or portion of a quarter of a fiscal year in which they are members. Section 7. Limits of Liability. The Council's debts, liabilities, and obligations shall not constitute debts, liabilities, or obligations of any party to this Agreement. Section 8. Buildings and Equipment. The County of Orange shall pro vide to the Council adequate office space and equipment, together with adequate space for the holding of Council meetings. Section 9. Withdrawal. Any member may withdraw from the Council by i resolution of its governing body. Such withdrawal shall be made on writteri notice given to the Council by May 20th of any year, effective June 30th of that year. A withdrawing member shall not be liable for any assessment! levied for the following fiscal year. Delinquency in payment of assess- ments for a period of two Council meetings after the same are due shall be; considered equivalent to withdrawal. Section 10. Effective Date. This Agreement shall become effective when signed by the County of Orange, together with a majority of the citie in Orange County collectively, which represent a majority of the populati of Orange County. Within thirty days of such effective date, a meeting shall be called by the Council. Section 11. Termination. This Agreement may be terminated by resolutions of the governing boards of a majority of the members. Upon termination, all claims against the Council shall be paid and the remain- ing assets, if any, distributed among the members in proportion to the total contributions made by such members to the Council. Section 12. Term. This Agreement shall continue in effect until terminated in the manner prescribed above. Section 13. Common Powers to be Exercised. Common powers to be exercised pursuant to this Agreement are the powers of each party to es- tablish advisory committees and initiate studies providing information 5. 'i 1!I helpful and necessary in the consideration of problems and proposed ser- 21 vices to be rendered by the parties; to further explore possible areas 3j of intergovernmental cooperation; and to make and enter into agreements 4il to accomplish the purposes of this Agreement S' 6 8 9' IQ Il 12 13 14 Common powers shall be exercised so as to aid, assist, extend, and approve the intergovernmental cooperation and information of the parties. The Council's powers shall be subject to the restrictions upon the i manner of exercising the powers of the County of Orange. l Section 14. Administration of the Agreement. The Intergovernmental Coordinating Council of Orange County is hereby formed and designated pursuant to Government Code Section 6506 as the agent to exercise the common powers provided for in this Agreement and to administer or other- wise execute this Agreement. The Council shall constitute a separate public agency pursuant to the provisions of Government Code Section 6507. �o0 15�� IN WITNESS WHEREOF, the parties hereto have executed this N V __ 16 j; Agreement. o= o0 1" ; DATED: — 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 f olq.1 2 1972 ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By Deputy APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL i I� i I COUNTY OF ORANGE, a political subdivision. of the State of California By airman of its Board of upervisors By DATED: !AN 12 1973 1972 CITY OF ATTEST: City Clerk APPROVED AS TO FORM: , CITY ATTORNEY 6. f- �/ i I'[helpful and necessary in the consideration of problems and proposed ser- vices to be rendered by the parties; to further explore possible areas 3j of intergovernmental cooperation; and to make and enter into agreements iI 4jl to accomplish the purposes of this Agreement S' a s 9!, H. 12 13 14 0 "1; 15 :vo uYu 16 •': o�. e`o 17 Y is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 9 0191 , 1 Common powers shall be exercised so as to aid, assist, extend, and approve the intergovernmental cooperation and information of the parties. The Council's powers shall be subject to the restrictions upon the manner of exercising the powers of the County of Orange. Section 14. Administration of the Agreement. The Intergovernmental Coordinating Council of Orange County is hereby formed and designated pursuant to Government Code Section 6506 as the agent to exercise the common powers provided for in this Agreement and to administer or other- wise execute this Agreement. The Council shall constitute a separate 1 public agency pursuant to the provisions of Government Code Section 6507. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. i DATED: c uti , 19713 COUNTY OF ORANGE, a political subdivision of the State of California ATTES � WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Board of ..Supervisors of By Orange.County,•'California C1 airman o its oar o upervisors By - Deputy APPROVED AS TO FORM: ADRIAN,KUYPER, COUNTY COUNSEL By DATED: , 1972 ATTEST: CITY OF By a 1� D PU1 mayor City Clerk APPROVED AS TO FORM: CITY ATTORNEY By 6. 9 RESOLUTION NO. 7 9 0 F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE AND OTHER CITIES IN ORANGE COUNTY CREATING AN INTERGOVERNMENTAL COORDINATING COUNCIL FOR ORANGE COUNTY WHEREAS, there has been presented to the City Council of the City of Newport Beach an agreement between the City of Newport Beach and the County of Orange as well as other Orange County cities choosing to affiliate, creating an Intergovern- mental Council for Orange County; and WHEREAS, said Council will provide a forum for planning, discussion and study of regional problems of mutual interest and concern to the members as well as providing a means of coopera- tive action among the members; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement creating an Intergovernmental Coordinating Council is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 8th day of January , 1973. Mayor ATTEST: City Clerk DON dm 1/4/73 ! YG January 12, 1973 City of Orange P. 0. Box 449 Orange, CA 92666 Attention: Martha McDwan Subject: Intergovernmental Coordinating Council of Orange County Enclosed are two signed copies of subject agreement. The City Council of the City of Newport Beach authorized the execution of the agreement on January 8, 1973 by the adoption of our Resolution No. 7906. Please return a fully executed copy to my office after the County has signed. Laura Lagios, C. ?`X. City Clerk LL:swk enc.