HomeMy WebLinkAboutC-1507 - Intergovernmental Coordinating CouncilEl
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CITY OF NEWPORT BEACH
CALIFORNIA
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TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1
Description of Contract
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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
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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
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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
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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
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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
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shall be advisory, not mandatory, as to any member, except as otherwise
provided herein.
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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
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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
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" -- W 16 i1 shall also be a member of the governing body of such city, to serve and
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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
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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-
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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.
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Section 5. Funds and Proper. The Treasurer of Orange County
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shall be the treasurer of the Council and the Auditor - Controller of
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Orange County shall be the auditor of the Council. All funds of the
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Council shall be maintained in the County Treasury. The duties of the
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Treasurer and Auditor shall be as defined in Sections 6505 and 6505.5
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of the Government Code of the Sate of California. The records of the
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Treasurer and Auditor shall be open at all times during normal business
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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
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of each year and continue until June 30 of the succeeding year.
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Section 6. Budget. Prior to May 1 of each year, the Council shall
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adopt a final budget for the expenditures of the Council during the fol-
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lowing fiscal year. Contributions in the form of membership assessments
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shall be made by the members to the Council for the purpose of defraying
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its costs of operation. Such assessments shall be computed as follows:
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a. One -half of the total cost shall be prorated among
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the members on the basis of assessed valuation as set forth
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in the last equalized assessment roll of the County of Orange
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as defined in Section 2052 of the Revenue and Taxation Code;
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b. One -half of the total cost shall be prorated among
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the members on the basis of population as determined by the
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latest available estimates from the State Department of Finance.
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The assessment attributable to the County of Orange shall be com-
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puted according to the above formula as applied to the unincorporated
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territory of the County.
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The membership assessment of the County shall not be less than 15%
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of the total budget, nor shall the assessment of any member city be more
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than 12% of the total budget. The assessment of each city shall be ad-
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justed to reflect these limits.
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Each member shall be advised of the amount of its assessment for
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fiscal year by May 15th of the previous fiscal year. The assessment
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each fiscal year shall be paid by each member on or before August 1
3.
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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
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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
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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.
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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
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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
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manner of exercising the powers of the County of Orange.
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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
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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
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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
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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
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4jl to accomplish the purposes of this Agreement
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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
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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
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