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
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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
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to Government Code Section 6506 as the agent to exercise the common
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powers provided for in this Agreement and to administer and otherwise
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execute this Agreement.
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Section 4. Specific Powers
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The Commission. shall have such powers as are necessary to carry
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out the above purpose; including, but not limited to, the power to make
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and enter into agreements; to incur debts and obligations; to employ
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necessary personnel, experts, and consultants; to appoint advisory
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committees,; to lease and dispose of office space; to acquire and dispose
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of personal property; to'accept gifts and loans of cash and personal
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property; and to apply for and accept grants for operating funds, studie.
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and surveys.
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Any decision or determination by the Commission shall be advisory
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not mandatory, as to any, member, except as otherwise provided in this
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Agreement.
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Section 5. Manner of Exercising Powers
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The powers of the Commission shall be subject to the restrictions
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upon the manner of exercising the powers of the County of Orange.
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Section 6. Specific Functions
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R CThe specific functions of the Commission shall be to review and
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( comment on proposed land use decisions of the members affecting the
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project area and to conduct studies-and formulate plans for the use of
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the project area with the objective of providing the optimum amount of
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open space.
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It is understood that the Commission will, to the maximum extent.
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possible, utilize the services and facilities of members, including the
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advice o£ the legal counsel of the various members, n performing its
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functions. Except as provided in Section 20 of th s Agreement relating
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to the supply of office space and equipment and Section 6505.5 of the
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Government Code relating to the services of the County Treasurer and
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Auditor - Controller, the cost -of said. services and facilities shall not
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be deducted from the membership assessment levied on the members pursuar
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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
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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.
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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
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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.
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Section 10. quorum
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A quorum of the governing body shall consist of .a majority of
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its members. Action shall be taken by vote of a majority of a quorum;
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except, however, the Commission shall not enter into an agreement nor
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adopt or amend its Bylaws except at a meeting where two- thirds of all
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members of the governing body are present and then upon affirmative
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action of the majority of all members of the governing body. ,
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Section 11. Bylaws
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The Commission may adopt such Bylaws or procedures consistent
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with this Agreement as it -may find appropriate to govern its functions.:
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Section 12. Funds and Property
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The Treasurer of Orange County shall be the Treasurer of the ,
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Commission and the Auditor - Controller of Orange County shall be the
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Auditor of the Commission. All funds of the Co- m- fission shall be main-
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twined in the County Treasury. The duties of the Treasurer and Auditor
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shall be as defined in Sections 6505 and 65O5.5.of the Government Code j
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of the State of California. The records of the Treasurer and Auditor
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shall be open at all times during normal business hours to the inspec-
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tion of any authorized representative of any member.
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Section 13. Fiscal Year
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The Commission shall be operated on a fiscal year beginning-on
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July 1 of each year and continuing through June 30 of the succeeding
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{ year.
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4' Section 14. Budgets and die ^bershin Assessments
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Prior to May 1 of each year, the Commission shall adopt a_budget
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for the following fiscal year. Contributions in the form of membership
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assessments shall be made by the rr,•arnbers of the Commission for the
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purpose of defraying its costs of operation. Each member shall be
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advised of the arnount of its assessment for any fiscal year by may 15
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of the previous fiscal yegx. The assessment for c ch fiscal year shall b
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maid by each meiaber on o�- ,bafore August 1 of such year.
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�_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.
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ecti.on 1.6.
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F!i. t:hcl r:.'aa 1
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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:
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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.
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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