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HomeMy WebLinkAboutJoint Powers Agreement - LA County-Arcadia Regional Park Authority mor........___ _ ti4we, . - .4,100 , \O V' ri v-4 4 111111, *4111e cit y/ November 25, 1970 Honorable Mayor and Members of the City Council Arcadia, California Re: Contract with County for improvement of Arcadia County Park Gentlemen: Mr. Ogle and I reviewed the proposed agreement and find it in line with the statements made to the City Council at the time the Council approved the negotiations of such a contract. Mr. Ogle and I are meeting with the County Monday, November 30. It is conceivable that some changes might be suggested. Approval of the contract is recommended unless we introduce it with a suggestion for change. Respectfully submitted, fLY MAN H. /ZAID City Manager LHC:jh Attachments ,07„,„ a o - +r • i/ � V Op LOS 4 ' o A,,;`�t:':1 CHIEF ADMINISTRATIVE OFFICER fir"-?' i ��^�-{rt+ � r sljr� ' COUNTY OF LOS ANGELES y - 4;1 {; /yy 713 HALL OF ADMINISTRATION / LOS ANGELES,CALIFORNIA 90012 (� y' ti✓ MEMBERS OF THE BOARD AL1FO'Rr\P ERNEST E.DEBS CHAIRMAN FRANK G.BONELLI KENNETH HAHN L. S. HOLLINGER November y BURTON W.CHACE CHIEF ADMINISTRATIVE OFFICER November 23, 1970 WARREN M.DORN CITY OF ARCADIA NOV 2 , 1':'70 Mr. Lyman H. Cozad City Manager CITY PM1MAGER City of Arcadia 240 West Huntington Drive P.O. Box 60 Arcadia, California 91006 Dear Sir: Subject: JOINT POWERS AGREEMENT--LOS ANGELES- COUNTY-ARCADIA REGIONAL PARK AUTHORITY Attached is a draft copy of a joint powers agreement between the County and the city of Arcadia to create the Los Angeles County-Arcadia Regional Park Authority. Will you and your city attorney please review this document and be prepared to discuss the contents at a meeting to be held on Monday, November 30, 1970, at 2 p .m. in Room 726-A Hall of Administration. Very, truly yours, C. R. SCHOEPPE CHIEF, CAPITAL PROJECTS DIVISION Gregory A. Lins Principal Administratiy..p Analyst ' (2 CRSsc 1 Attachment P i t/ ti r 17 ir i/ \ , , - y \ . , „,\ f \ ' //i, , ' i ;/ I, , 1 / • VA J \\ A _.. JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ARCADIA CREATING AN AGENCY TO BE KNOWN AS THE LOS ANGELES COUNTY-CITY OF ARCADIA REGIONAL PARK AUTHORITY THIS AGREEMENT, dated , between the COUNTY OF LOS ANGELES, a subdivision of the State of California (hereinafter referred to as "County") , and the CITY OF ARCADIA, which is a municipal corporation of the State of California (hereinafter referred to as "City") , W I T N E S S E T H : WHEREAS , City and County are each empowered by law to acquire sites for and acquire, construct, maintain, operate and lease facilities and improvements for public park and recrea- tional purposes; and WHEREAS , City and County desire to improve a certain area within the City of Arcadia known as the Arcadia Regional Park and develop the same as a regional public recreation area, the area to be developed being shown generally on the map marked Exhibit "A" attached hereto; and WHEREAS, City and County deem it advisable to enter into an agreement to provide for the improvement and operation of said regional public .recreation area; NOW, THEREFORE, City and County, for and in considera- tion of the mutual benefits, promises and agreements set forth herein, do agree as follows : Section 1. Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California (hereinafter referred to as "Act") relating to the joint exercise of powers common to public agencies , in this case City and County. City and County each possess the powers referred to in the above recitals . The purpose of this Agreement is to exercise each of such powers jointly by acquiring, constructing, maintaining, operating and leasing a regional public recreation area, includ- ing' picnic, playground and recreation facilities, ball fields , swimming pool, golf course, tennis courts , adult recreation center, ornamental gardens, and all related parking and main- tenance facilities, in the area shown in Exhibit "A" . Such purposes will be accomplished and said common powers exercised in the manner set forth in this Agreement. • Section 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty years from the date hereof or until 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 proceed- ings for the issuance thereof, whichever date is earlier; provided, however, that this Agreement shall terminate three years from the date hereof in the event none of said revenue bonds have been issued. Section 3 . Authority. A. Creation of Authority. Pursuant to Section 6506 of the Government Code, there is hereby created a public entity, separate and apart from the parties hereto, to be known as the "Los Angeles County-Arcadia Regional Park Authority" (hereinafter referred to as "Authority") . The debts, liabilities and obligations of Authority do not constitute debts , liabilities or obligations of any party to this Agreement. B . Commission. Authority shall be governed by a commission composed of five members , each serving in his individual capacity as a commissioner. The Commission shall be called the "Los Angeles 2 . County-Arcadia Regional Park Commission ." Three commissioners shall be appointed by the Board of Supervisors of County and two commissioners shall be appointed by the City Council. The terms of all commissioners shall begin on and shall he four years , except that one commissioner appointed by the City and one commissioner appointed by the County shall have initial terms of two years . The length of term of respective commissioners shall be determined by lot at the first meeting of the Commissioners . Commissioners shall hold membership on the Commission during the term for which they were appointed and until their successors have been appointed, except that any commissioner may be removed by the party which appointed him. In the case of a vacancy in membership on the Commission, the same shall be promptly filled by an appointment thereto by the same party which made the original appointment. An appointment to fill a vacancy occurring during an unexpired term shall be • for the period of the unexpired term. C. Meetings of the Commission. • (1) Regular Meetings . The Commission shall provide for its regular, adjourned regular and special meetings ; provided, however, that it shall hold at least one regular meeting in each year and such further meetings as City and County may reasonably request depending upon the pressure of business . The dates upon which and the hour and place at which any regular meeting shall be held shall be fixed by resolution and a copy of such resolution shall be filed with City and County. The place of the regular meetings shall be the Arcadia Civic Center or such other public building within the County of Los Angeles as may be designated by the Commission . • (2) Ralph M. Brown Act. The Commission shall adopt rules for conducting its meetings and other business . All meetings of the Commission, including without limitation regular, adjourned regular and 3 . • 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 California Government Code) . (3) Minutes . The Secretary of the Commission shall cause minutes of regular, adjourned regular and special meetings to be kept, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission and to City and County. (4) Quorum. Three commissioners present at a meeting shall con- stitute a quorum for the transaction of business, except that a lesser number may adjourn for lack of a quorum. D. Officers . The Commission shall elect a president and vice . president at its first meeting and thereafter at the first meeting held in each succeeding calendar year the Commission shall elect or re-elect its president and vice president. In the event that the president or vice president so elected ceases to be a commissioner, the resulting vacancy shall be filled at the next regular meeting of the Commission held after such vacancy occurs . In the absence or inability of the president to act, the vice president shall act as president. The president, or in his absence the vice president, shall preside at and conduct all meetings of the Commission. The Executive Officer - Clerk of the Board of Supervisors of Los Angeles County shall be and act as the Secretary of the Commission. The County Treasurer shall be and act as the Treasurer of Authority. The County Engineer shall be and act as Engineer of Authority. The 4 . County Auditor shall be and act as Controller of Authority. The County Counsel will act as Attorney for Authority in County related matters . The Arcadia City Attorney will act as Attorney for the Authority in City related matters . In the event the County Counsel or the Arcadia City Attorney are precluded from acting in their respective capacities because of a conflict of interest or other legal impediment, the Commission may employ independent counsel with the consent of the Board of Supervisors of County, provided funds are appropriated by County for such purpose. Section 4 . Powers . Authority shall have the powers common to City and County set forth in Section 1 of this Agreement, to wit: acquiring, constructing, in whole or in part, and leasing, in whole or in • part, a regional public recreation area including picnic, play- ground and recreation facilities, ball fields , swimming pool , golf course, tennis courts, adult recreation center, ornamental gardens, and all related parking and maintenance facilities , in the area shown in Exhibit "A" . Authority shall further have the power to maintain and operate facilities which have been acquired or constructed in whole or in part by Authority. Authority is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: to make and enter into contracts , to acquire, construct, manage, maintain or operate any buildings , water areas , works or- improvements; to acquire, hold or dispose of property within the County of Los Angeles; to incur debts , liabilities or obligations which shall not constitute debts , liabilities or obligations of any party to this Agreement; to receive gifts , 5 . • contributions and donations of property, funds, services and other forma of assistance from persons, firms , corporations and any governmental entity, provided that any such gifts , contributions or donations are consented to by County in each instance; and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in said Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon County in the exercise of similar powers . Author- ity may also issue revenue bonds, pursuant to Article 2 , Chapter 5, Division 7, Title 1 (commencing with Section 6540) of the Government Code of the State of California (hereinafter called "Bond Act") and any other applicable laws of the State of California whether heretofore or hereafter enacted or amended. Section 5. Fiscal Year. For the purposes of this Agreement, the terms "Fiscal Year" shall mean the period from the first day of July of each year to and including the '30th day of June of the following year. Section 6 . Disposition of Assets . Upon the termination of this Agreement, all property of Authority shall become the property of and be owned by County, provided that any surplus money on hand shall be retired to the parties to this Agreement in proportion to the contributions made by each. For purposes of this computation the aggregate of all moneys and property (excepting the fair value of all services rendered during the entire term) shall be deemed to constitute the contributions made by each . Section 7 . Acquisition of Land and Ground Lease. When necessary to carry out any phase of the plan of construction of the public recreation area project as des- 6 . '111mol No cribed in 3ection 8, County shall acquire, by purchase, lease or otherwise, and lease to Authority by means of a ground lease or leases (or subleases) all or any part of the real property within the area shown in the attached Exhibit "A" ; provided that County may reserve such rights and easements as are reason- ably necessary and do not unreasonably interfere with the pur- poses of this Agreement. The consideration for each such lease shall be agreed upon by the parties thereto; provided that any such amount agreed upon shall be no greater than the fair rental value of such property. Section 8. Design and Construction. County shall prepare, or cause to be prepared, schematic plans , design development plans and construction documents for each phase of the project contemplated herein (which may be constructed in separate stages or phases, if desired by County) . One copy of each construction document shall be filed with Author- ity. Upon approval of the construction documents for the project, or any phase thereof, by County, Authority shall call for compet- itive bids to let necessary construction and improvement contracts therefor. Authority shall award such construction and improve- ment contracts to the lowest bidders after the approval of said lowest bidders by County. The facilities shall then be con- structed by the lowest bidders in accordance with the construc- tion documents approved by the County. Any construction con- tract awarded by Authority shall be administered on behalf of Authority by County staff. Said staff shall follow normal County procedure in the administration of such contract or contracts , in the inspection and testing of materials and in other job procedures . 7 . The approvals required of County by this section and by any construction contract uocuaiL:nts lad.y be 91.,,::r: 11. such manner as County shall prescribe. Pursuant to Section 4 hereof, all powers of Authority and County (when it acts on behalf of Authority) related to construction shall be exercised in the manner provided in this Agreement and subject only to such restrictions upon the manner of exercising such powers as are imposed upon County in the exercise of similar powers . Authority shall, upon the request of County, pay or reimburse County for costs incurred and payments made by advances or otherwise by County in connection with the project, including but not limited to the costs of grading, the acquisition of water rights , and sewer and other utility improvements . Authority shall reserve the right to make changes in the work in any construction contract or contracts . Said changes shall be made in the following manner : 1. By written modification of the construction contract or contracts ordered ,by Authority with the approval of the Board of Supervisors of County and in the manner specified by Government Code Sections 25461 and 25462 . 2 . By written change order signed by the County officer designated County Engineer in the manner and subject to the limitations specified by Government Code Section 25466 . The Treasurer of Authority shall administer the construc- tion funds in accordance with the applicable procedures set forth in the resolution providing for issuance of bonds of the Author- ity. Such procedures shall provide, in substance, that the 8. NNW ,#4100 Controller and the Treasurer of Authority shall pay such amounts as are required to meet construction payments when authorized by County on behalf of Authority. Section 9 . Sublease and Operation by County. Upon completion of construction of any phase of the project Authority shall sublease the completed portion of the regional public recreation area project to County. Such sublease shall constitute the security for any bonds issued by Authority for the purpose of obtaining funds to construct such phase. Rental payments under each such sub- lease shall commence on the date of completion of such phase and acceptance thereof by County. Each sublease shall terminate at a time prior to the time at which the accompanying ground lease ends . During the entire terms of such sublease, County shall manage, maintain and operate the facilities and shall determine the manner in which said facilities shall be operated and maintained. County shall have the right to add to the facilities any and all structures or facilities which are needed for use by County. County shall also have the right to sublease under any subleases from Authority to any persons , firms , corporations , associations or groups of any kind, public or private, as County may desire in its sole discretion, subject to any limitations provided by law. Section 10 . Revenue Bonds . Authority shall issue revenue bonds in accordance with the Bond 'Act or other available authority for the issuance of such bonds for the purpose of exercising its powers and raising funds necessary to carry out its obligations under this Agree- ment. Said bonds may be issued in separate series or issues to match construction phases or may be authorized in different 9 . %we Woe amounts at different times . The sale and issue of such revenue bonds by the Authority and any resolution authorizing such issuance shall be subject to the prior approval of the Board of Supervisors . The services of Bond Counsel, Financing Consultants , Architects, and other consultants and advisors working on the project and/or its financing shall be used by Authority. The fees and expenses of such counsel, consultants, architects and advisors shall be paid from the proceeds of the revenue bonds , and County may be reimbursed from such proceeds for any portion of such fees and expenses paid prior to the issuance of such rev- enue bonds . Section 11 . Benefits Accruing from Regional Public Park. The area to be improved hereunder constitutes a regional public park as defined in Section 6546 of the Govern- ment Code. The Board of Supervisors has adopted a plan known as the "Los Angeles County Regional Recreational Areas Plan. " This plan is part of a recreational element of the County General Plan adopted by the Regional Planning Commission and approved by the Board of Supervisors . This plan, as amended July 29, 1965, provides for the park area shown on Exhibit "B" (known as "Arcadia County Park") as a regional park. The plan describes said park as a major park oriented towards active recreational uses providing facilities associated with sports centers such as sports fields , tennis courts , shuffleboard and horseshoe courts, bowling greens , swimming pools , and a golf course . Said park is designated to handle large scale, multiple participant sports programs and can accommodate tournament competition. In addition, said park contains ornamental gardens 10 . t and picnic ane playground areas . Said park :.s approximately 185 acres in size and provides facilities for a comprehensive recreational program that will serve a population of approx- imately . It will draw patrons from an area having a radius of approximately miles . The park area located within the boundaries of the City will provide benefit to the population of an area with a radius of miles therefore, parties to the Agreement will each receive direct and substantial benefit from the park development. Section 12 . Accounts and Reports . The Controller of Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any resolution of Authority securing its revenue bonds . The books and records of Authority in the hands of the Controller shall be open to inspection at all reasonable times by representatives of City and County . The Controller of Authority, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to City and to County. Additionally, the Treasurer of Authority shall assume the duties described in California Government Code Section 6505.5, to wit: (a) Receive and receipt for all moneys of Authority and place it in the County treasury to the credit of Authority; (b) Be responsible upon his official bond for the safekeeping and disbursement of all Authority money so held by him; (c) Pay, when due, out of money of Authority so held by him, all sums payable on outstanding bonds and 11 . coupons of Authority; (d) Pay any other sums due from Authority from Authority money only upon warrants of the Controller of Authority; and (e) Verify and report in writing on the first day of July, October, January, and April of each year to Authority and to the parties to this Agreement the amount of money he holds for Authority, the amount of receipts since his last report, and the amount paid out since his last report. Section 13. Funds . The Treasurer of Authority shall have the custody of and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 12 hereof and as nearly as possible in accordance with normal County procedures . The public officers (namely, the Controller and Treasurer) herein designated as the persons responsible for any moneys of Authority are hereby also designated as responsible for all other property of Authority . The parties to this Agree- ment hereby find and determine that the Controller shall file an official bond in the amount of $50 ,000 and the Treasurer shall file an official bond in the amount of $300,000 . Section 14 . Personnel. • Authority may request from County the services of such Company personnel as may be necessary to carry out this Agreement; and may, with prior approval of County, employ professional and technical assistance for the performance of this Agreement, provided that adequate funds are assured therefor . 12 . 1 � Section 15. Notices . Notices hereunder shall be sufficient if delivered to: Authority Secretary, c/o City Clerk, City Hall 240 W. Huntington Drive Arcadia, California County Executive Officer - Clerk of the Board of Supervisors Room 383, Hall of Administra- tion Los Angeles, California City of Arcadia City Clerk, City Hall 240 W. Huntington Drive Arcadia, California Section 16 . Miscellaneous . The section headings herein are for convenience only and are not to be construed as modifying or governing the lan- guage in the section referred to. Where reference is made in this Agreement to Controller or Treasurer indicating specific duties to be undertaken by said officers , said officers may independently determine which of them shall undertake any particular duty. 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. Section 17 . Severability . Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstances , be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffect- 13 . ual, the validity of the remaining parts, terms, portions or provisions , or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provi- sions can be construed in substance to continue to constitute the agreement that the parties intended to enter into in the first instance. Section 18. Successors . This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as to the day and year first above written. COUNTY OF LOS ANGELES By Chairman, Board o Supervi.sors _ ATTEST: JAMES S. MIZE, Executive Officer- Clerk of the Board of Supervisors By Deputy (SEAL) ' APPROVED AS TO FORM. JOHN D. MAHARG, County Counsel By Assistant County Counsel 14 . • ' a CITY OF ARCADIA By Mayor ATTEST: City Clerk (SEAL) APPROVED AS TO FORM. City Attorney 15.