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HomeMy WebLinkAboutC-1720 - Membership in Santa Ana River/Santiago Creek Greenbelt Commission7 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1720 Description of Contract CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 .DATE ARMt 1. 1975 Greenbelt Commission Membership Authorized by Resolution No. 8505 , adopted on Jmna 9, 1975 Effective date of Contract June 19, 1975 Contract with Auditor- Controller. County of 0ran" • Address P. 0. Box 567 Santa Ana, CA 92702 Amount of Contract see "rsssent +►Motes Indicate in the transmittal that the payment A.s for the Greenbelt Commission FY 1975 -76 asaessarnt, Special Trust Turd 1941. 0 W SANTA ANA RIVER /SANTIAGO CR9M GREENBELT COMMISSION 625 North Ross Strei�y-.Suite B110 Santa Ana; Cali — 92701 25 July 1975 cv 0: A% City Council City of Newport Beach _7 City Hall 3300 Newport Boulevard Newport Beach, California 92660 X r Attention: Laura Lagios, CMC City Clerk Enclosed is a signed copy of the Joint Powers Agreement between the City of Newport Beach and the Santa Ana River /Santiago Creek Greenbelt Commission. The signature for the Greenbelt Commission is that of Dale T. Chaput, Chairman. It is noted for record purposes that your City Council approved the agree- ment on 9 June 1975, by the adoption of Resolution No. 8505. In accordance with Section 8 of the agreement, the.Greenbelt Commission, on 12 June 1975, approved the membership of the City of Newport Beach subject to the condi- tion of assessment as.indicated in.the Chairman's certification. The assessment should be transmitted to: Auditor - Controller County of Orange P. 0. Box 567 Santa Ana, California 92702 Indicate in the transmittal that the payment is for the Greenbelt Commission FY 1975 -76 assessment, Special Trust Fund 1941.. Very /`— '� • truly your E. J. BERGER Greenbelt Coordinator EJB:ee Enclosure Copy to: Peter J: Barrett, City Councilman /Greenbelt Commissioner, City of Newport Beach Auditor - Controller, County of Orange I m 1� 2 3 4 5 6 7 8 9 10 11 12i 13 .14, -= 15 0 o° 16 t ° __ 00017 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 'i:l ;•1.1.1 Ali AGRED'E:;T PI ;OVIDING F0;? Till;:" l;Si'A'.;LT.SII ?PUNT OF THE SiNTrr: :` ;1 I;T \'c: AND SANTIAC-0 CREIEIC GI:EiE2;u;?_S CC•:i:ISSION This is an agreement between the COUNTY OF ORANGE, the ORANGE COU1,ZTY FLOOD CONTROL DISTRICT, the ORANGE COUNTY HATER DISTRICT, %ind those cities along the Santa Ana River and Santiago Creek which subscribe to it. The parties are all public agencies having some jurisdiction in the project area which shall be described generally as the Santa Ana River and Santiago Creek, and the land within one'and one -half miles of the River and Creek on both sides, and the land from crest to crest in the Santa Ana Canyon. This Agreement is made pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California, which provides for joint powers agreements. Section 1 Establishment of Commission- There is established THE SANTA AM RIVER AND SANTIAGO CREEK GREENBELT COMIMISSION, which is referred to as "Commission" in this Agreement. The Commission shall constitute a separate public agency pursuant to the provisions of Government Code Section 6507. Section 2`. Purpose The purpose of this Agreement is to establish an agency which will coordinate the general plans and other Iand use policies and decisions of the contracting parties insofar as they pertain to the project area, with the ultimate objective of providing the optimum amount of open space for public uses. Section 3. Common Powers to be E).ercis--d Common powers to be exercised pursuant to this agreement are the powers of each party to plan for the appropriate use of land in the project area and to cooperate with the other parties to the Agrcement.. It is understood that the power of the Col: 1i_ssion to plan for the appropriate uce of land in the project area shall not limit the power Of any member to zone and rezone property at variance with 01C reconl- 1111yndations of the C.Im ilcsi.on. The Comral.:;£).on Is dCilhn ated pursuant .. j i i I to Government Code Section 6506 as the agent to exercise the common 2 powers provided for in this Agreement and to administer and otherwise 3 1 execute this Agreement. 4 Section 4. Specific Powers 5 The Commission. shall have such powers as are necessary to carry 6 out the above purpose; including, but not limited to, the power to make 7 and enter into agreements; to incur debts and obligations; to employ 8 necessary personnel, experts, and consultants; to appoint advisory 9 committees,; to lease and dispose of office space; to acquire and dispose 10 of personal property; to'accept gifts and loans of cash and personal 11 property; and to apply for and accept grants for operating funds, studie. 12 and surveys. 13 Any decision or determination by the Commission shall be advisory 14 not mandatory, as to any, member, except as otherwise provided in this m� oZ; 15 Agreement. 7 Y U 16 Section 5. Manner of Exercising Powers 4 LfZ jog 17 The powers of the Commission shall be subject to the restrictions 18 upon the manner of exercising the powers of the County of Orange. 19 Section 6. Specific Functions 20 R CThe specific functions of the Commission shall be to review and 21 ( comment on proposed land use decisions of the members affecting the 22� project area and to conduct studies-and formulate plans for the use of 23 the project area with the objective of providing the optimum amount of 24 open space. 25 It is understood that the Commission will, to the maximum extent. 26 possible, utilize the services and facilities of members, including the 27 advice o£ the legal counsel of the various members, n performing its 28 functions. Except as provided in Section 20 of th s Agreement relating 29 to the supply of office space and equipment and Section 6505.5 of the 30 Government Code relating to the services of the County Treasurer and 31 Auditor - Controller, the cost -of said. services and facilities shall not 32 be deducted from the membership assessment levied on the members pursuar Rev. 3/2/73 7. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 3a o� u 16 u 00 17 V 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :141 LS to Section 14 of this Agreement. f j Section 7. Specific Obligctions of Members (The Commission shall have access to proposed land use documents prior t o approve /deny decisions by the members All parties to this i Agreement shall provide the requisite information in a timely manner. Section 8. Membershi-D (Elembership in the Commission shall be.voluntary and sha11 be limitedtto the County of Orange, the Orange County Flood Control District the Orange County Water District, and any incorporated city within Orang( County, any part of which .falls within the project area. The eligible agencies signing this Agreement prior to or within two months of the effective date of this Agreement shall constitute the initial members of the Commission. .Thereafter, any eligible agency desiring to gain membership in the Commission may do so by subscribing to this Agreement and satisfying any conditions or requirements for membership which may be imposed by the Commission. Section 9.( Governing Body The governing body of the Commission shall consist of; - (1) Two members of the Orange County Board of Supervisors representing the.County of Orange and the Orange County Flood Control District, both selected by the Orange County Board of Supervisors. (2) One member of the Board of Directors of the Orange County Water District selected by said Board. (3) One member of the city council from each member.city selected by the respective city councils. The Board of Supervisors, Board of Directors of the Orange County Water District, and respective city councils, shall appoint alternate members with the same qualifications who shall serve in the absence of regular members with full voting powers. Each member of the governing board shall serve at the pleasure of his appointing power. 3. i 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 3a o� u 16 u 00 17 V 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :141 LS to Section 14 of this Agreement. f j Section 7. Specific Obligctions of Members (The Commission shall have access to proposed land use documents prior t o approve /deny decisions by the members All parties to this i Agreement shall provide the requisite information in a timely manner. Section 8. Membershi-D (Elembership in the Commission shall be.voluntary and sha11 be limitedtto the County of Orange, the Orange County Flood Control District the Orange County Water District, and any incorporated city within Orang( County, any part of which .falls within the project area. The eligible agencies signing this Agreement prior to or within two months of the effective date of this Agreement shall constitute the initial members of the Commission. .Thereafter, any eligible agency desiring to gain membership in the Commission may do so by subscribing to this Agreement and satisfying any conditions or requirements for membership which may be imposed by the Commission. Section 9.( Governing Body The governing body of the Commission shall consist of; - (1) Two members of the Orange County Board of Supervisors representing the.County of Orange and the Orange County Flood Control District, both selected by the Orange County Board of Supervisors. (2) One member of the Board of Directors of the Orange County Water District selected by said Board. (3) One member of the city council from each member.city selected by the respective city councils. The Board of Supervisors, Board of Directors of the Orange County Water District, and respective city councils, shall appoint alternate members with the same qualifications who shall serve in the absence of regular members with full voting powers. Each member of the governing board shall serve at the pleasure of his appointing power. 3. I Section 10. quorum 2 A quorum of the governing body shall consist of .a majority of 3 its members. Action shall be taken by vote of a majority of a quorum; i 4 except, however, the Commission shall not enter into an agreement nor 5 adopt or amend its Bylaws except at a meeting where two- thirds of all 6 members of the governing body are present and then upon affirmative 7 action of the majority of all members of the governing body. , 8 Section 11. Bylaws 9 The Commission may adopt such Bylaws or procedures consistent 10 with this Agreement as it -may find appropriate to govern its functions.: 11 Section 12. Funds and Property 12 The Treasurer of Orange County shall be the Treasurer of the , f 13 Commission and the Auditor - Controller of Orange County shall be the 14 Auditor of the Commission. All funds of the Co- m- fission shall be main- x; 15 twined in the County Treasury. The duties of the Treasurer and Auditor 100 �W 16 shall be as defined in Sections 6505 and 65O5.5.of the Government Code j 00 17 of the State of California. The records of the Treasurer and Auditor 18 shall be open at all times during normal business hours to the inspec- j 19 tion of any authorized representative of any member. 20 Section 13. Fiscal Year 21 The Commission shall be operated on a fiscal year beginning-on , 22 July 1 of each year and continuing through June 30 of the succeeding 23 { year. 24 4' Section 14. Budgets and die ^bershin Assessments 25I Prior to May 1 of each year, the Commission shall adopt a_budget 26 for the following fiscal year. Contributions in the form of membership 27 assessments shall be made by the rr,•arnbers of the Commission for the 28 purpose of defraying its costs of operation. Each member shall be 29� advised of the arnount of its assessment for any fiscal year by may 15 30 of the previous fiscal yegx. The assessment for c ch fiscal year shall b 31 maid by each meiaber on o�- ,bafore August 1 of such year. 32 / 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 u� z; 15 0 O OV W 16 t ru '0 0 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 31 32 �_Membershi.p assessments shall be deCermi.ned on the basis of number of acres i_n.the project areas Acreage owned in fee by the Orange County Flood Control District and the Orange County Water District shall be attributed to said Districts and not to the County or the respective cities within which said acreage lies. Each member shall pay that portion of the operating budget which is determined by dividing the total number of acres the member has in the project by the total number of acres all of the members have in the project area. In determining the initial budget, the following figures shall be used. Thereafter, the ' Commission may adjust the acreage totals as may be necessary. Humber of Acres Jurisdiction in Project Area Anaheim 81444 Costa Mesa 49125 Fountain Valley 32202 Carden Grove 19468 Huntington Leach 3,456 Newport Beach 393 Orange 10,446 Orange County 15,130 Orange County Flood Control.District •1,357 Orange County Grater District 429 Santa Aita 9, 968 Villa Park 12228 Yorba Linda 426 TOTAL 60,572 In the event any member withdraws from the Commission subsequent to the establishment of a budget for the following fiscal year, the Commission shall revise the budget as may be necessary by June 15. Membership assessin°_nts for the remaining members shall be increased only with the consent of the said members. Section 15. Limits of Liability The Commission's.debts, liabilities, and obligations shall not constitute debts, liabilities, or obligations of any.party to this Agreement. . 5. 1 2 3 4 5 6 7 8 10 11 12 13 14 W> _; 15 p o� >w 16 rz zz 0o 17 V 18' 19' 20 21 22 23 24 25 26 27 28 29 30 31 Ii 32 "id 2 ecti.on 1.6. • F!i. t:hcl r:.'aa 1 Is Any member may withdraw from the Commmission by filing a resolution of its governing body to "that effect by May 1' of any years Such with - drawal shall be effective at the commencement of the following fiscal . year and the withdrawing member shall not be liable for the membership assessment levied for said following fiscal year. Section 17. Termination This Agreement may be terminated by resolutions of-the governing boards of two- thirds of the members, including the County of Orange.. Upon termination, all claims against the Commission shall be paid and the remaining assets, if any, distributed -among the members and former members, if any, in proportion to the total contributions they have made- to the Commission. Section 18. Term This Agreement shall continue in effect until teriiiinated 1n the manner prescribed.above. Section 19. Bf.fertivo n te' This Agreement shall become effective when signed by the County of Orange, the Orange County Flood Control District, and any number of entities eligible for membership having an aggregate.of 30,000 acres in the project area, in accordance with the figures in Section 14 of this Agreement, and.not including the acreage of the County and the Flood Control District. Within thirty (30) days of such effective date, a meeting of the Com.-nission shall be called by the County. Section 20. Znter4m. Administration The County of Orange shall coordinate the formation of the Commission. The County shall provide a place for Commission meetings and, until the commencement of the first full fiscal year follo�•;ing the effective date of this Agreement, the County shall provide the Comnissio: 6. I I i 11 2' 3 4 5 G 7 8 9 10 11 12 13 104 u, 5iZ 15 O yOu a�W 16 u s � . oe 17 u 18 19. 20 21 22 23 24 25 26 27 28 I 29 30 31 32 F ORb1.J 11 0 with office space and equipment. Thereafter, the cost of any office space and equipment to be provided may be deducted from the County's membership assessment for the ensuing fiscal year. In the event this Agreement becomes effective after April 1, 1973 and prior to February 1, 1974, _ire Cor,.;issi.on may meet and adopt an interim budget for the period prior to July 1, 1974. The Commission may establish membership assessments for said period. Each member shall be advised of the amount of said assessment, and the same shall be paid within two months of the adoption bf said interim budget. . Failure to pay'such an interim membership assessment by April 1, 1974 shall constitute withdrawal from the Commission. Section 21. Multiple Conies In lieu' of circulating a single document among the entities eligible for membership in the Commission, this..Agreement shall be prepared in multiple copies, each of which may be signed by the County Hof Orange and an entity eligible for membership. Signed Agreements shall be filed initially with the Clerk of the Orange County Board of Supervisors, who shall notify all entities eligible for membership of the effective date of this Agreement. / / / / / 7. i.. 2 3 4 5 61 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 'Dated: 197 COUNTY OF ORANGE, a political sub- division of the State of California ATTEST: WILLIAM E. ST. JOHN County Clerk and ex- officio Clerk By of the Board of Supervisors of Chairman of its Board of Supervisors Orange County, California LZ DATED: ATTEST: JUN 19 1975 SUBSCRIBING MEMBER LOF NEWPORT BEACH Title I certify that the Santa Ana River /Santiago Creek Greenbelt Commission on JUN 12 1975 did approve the request of the City Date of Newport Beach for membership in the Commission with the condition that the City pay an assessment of $ 617.00 for the 1year 1975 -76 of the Greenbe JUL 2 41975 8. ssion ft ft June 20, 1975 Board of Supervisors County of Ormge P. 0. Box 687 Santa Ana, CA 92702 Subject: Santa Ana River and Santiago Creek Greenbelt Commission C-1720 rnclosed are two copies of a Joint Powers Agreement between the County of Orange and the City of Newport Beach for the establishment of subject commission and for the City's participation as a subscribing member. The City Council approved said agreement on June 9, 1975 by the adoption of Resolution No. 8505. Please return a fully executed copy to my office for inclusion in our official records. Laure. Lagics, cm City Clerk LL: swk enc. cc: Community Developnmt Department -- RESOLUTION NO. 8 5 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXPRESSING ITS DESIRE THAT THE CITY OF NEWPORT BEACH JOIN THE SANTA ANA RIVER /SANTIAGO CREEK GREENBELT COMMISSION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT. WHEREAS, the Santa Ana River /Santiago Creek Greenbelt Plan is a component of the Open Space Element of the Orange County General Plan; and WHEREAS, the Greenbelt Plan describes a Greenbelt Corridor which includes the river from its mouth to the county line, and the creek from its confluence with the river to the Villa Park Dam; and WHEREAS, the corridor is divided into four segments, i.e., the Lower River, the Middle River, Santa-Ana Canyon and the Santiago Creek; and WHEREAS, it is generally agreed that development of a realistic Lower River plan could best be. accomplished by the coordinated and cooperative participation of all jurisdictions within that segment of the corridor; and WHEREAS, the City of Newport Beach has been invited to join the Commission in order to participate in the development of plans for the Lower River segment of the corridor; and WHEREAS, the City Council has determined that the open space and recreational benefits of the corridor offer signifi- cant opportunities for the citizens of .Newport Beach .. and accordingly that membership on the Greenbelt Commission is. warranted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby authorizes the City to become a member of the Santa.Ana River /Santiago Creek Greenbelt Commission for a period of one year at a membership fee of Six Hundred and Seventeen Dollars ($617.00). BE IT FURTHER RESOLVED are authorized to execute a joint participating agencies evidencing Greenbelt Commission. ADOPTED this 9th day that the Mayor and City Clerk powers agreement with the other the City's membership on the of June 1975. d I Mayor i D /oc