HomeMy WebLinkAboutArcadia Regional Park - Joint Powers Authority 3
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PETER F.SCHABARUM
BOARD O F SUPERVISORS KENNETH HAHN
ERNEST E.DEBS
COUNTY OF LOS ANGELES JAMES A.HAYES
BAXTER WARD
383 HALL OF ADMINISTRATION / LOS ANGELES. CALIFORNIA 90012
JAMES S.MIZE, EXECUTIVE OFFICER
RICHARD A.SCHOENI,ASST. EXEC. OFFICER
February 14 , 1973 RECEIVED
FEB 21 1973
CITY ®I' GEir._?AD,A
CITY ATTORNEY
NEY
Ms . Christine Van Maanen
City Clerk, City of Arcadia
240 West Huntington Drive
P.O. Box 60
Arcadia, California 91006
Dear Ms . Van Maanen:
March 7 , 1973 will be the effective date of Assembly Bill
No. 523 , an act to add Sections 6503 . 5 and 6503 . 7 to the
Government Code. Section 6503 . 7 requires a notice be
filed with the Secretary of State on existing joint powers
agreements and amendments within 90 days after the effective
date of this Section.
Inasmuch as we are the Secretary of the Los Angeles County-
Arcadia Regional Park Authority, we have prepared the
attached notice to be filed March 7 . We welcome your comments .
Very truly yours ,
JAMES S. MIZE, Secretary
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CAMILLE CASH
Deputy Secretary
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4(0,0061* MEMBERS OF THE BOARD
BOARD O F SUPERVISOR S FRANK G.BONELLI
KENNETH HAHN
COUNTY O F LOS ANGELES ERNEST E.DEBS
383 HALL OF ADMINISTRATION / LOS ANGELES,CALIFORNIA 90012 BURTON W.CHACE
WARREN M.DORN
JAMES S. MIZE, EXECUTIVE OFFICER
July 21 , 1971
City of Arcadia
240 West Huntington Drive
Arcadia, California 91006
Attention Christine Van Maanen
City Clerk
Gentlemen:
Enclosed is your fully executed copy of
Agreement No . 18272 .
Very truly yours ,
7-.4a,y1A.P.4/7.1q240-1
JAMES S. MIZE
Enclosure
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OAUFORN�P WARREN M.•A RKau
FRANK G. BONELLI
r July 1 3, 1 971 KENNETH HA.-!N
ARTHUR IV G. WILL 1 1 1 ADOPTED ERNEST W.CHACE
ADMINISTRATIVE OFFICER ,,• _ U BURTON W.CHACE
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
HONORABLE BOARD OF SUPERVISORS
County of Los Angeles 7 JUL 2 C 107)
Gentlemen : ,,„„./..72/•;1. .
. Subject: RECOMMENDING APPROVAL OF A JAMES S. MIZE
JOINT POWERS AGREEMENT (JPA) EXECUTIVE OFFICER
ARCADIA REGIONAL PARK AUTHORITY (1)
On February 3, 1970, your Board, on the motion of Supervisor
. Bonelli, instructed this office to negotiate a joint powers
agreement with the City of Arcadia creating a public authority
to finance County improvements within the Arcadia Regional
Park and to submit that agreement to your Board and the Arcadia
City Council for approval and execution. Accordingly, the
attached joint powers agreement has been prepared by bond
counsel and is hereby submitted for your approval. It has
been approved and executed by the City of Arcadia and approved
as to form by County Counsel.
Under the terms of the agreement, County-owned park property
• will be leased to the public authority which will construct
the proposed park improvements with proceeds from the sale of
bonds . The bonds will be secured by a sublease of the complete
facility back to the County upon project completion. The
County' s rental payments will service the bonds . Upon
retirement of all bonds, the leases will expire and ownership
of the entire facility will revert to the County. No financial
obligation will be incurred upon the City of Arcadia.
The proposed public authority, to be known as the Los Angeles
County-Arcadia Regional Park Authority, will be governed by a
five-member commission. Three commissioners are to be appointed
by your Board and two by the Arcadia City Council.
The'proposed project calls for replacement of the existing golf
- course clubhouse with a 23, 600 gross square foot clubhouse .
which will include a pro shop, men' s and women' s locker rooms,
a golf mobile area, coffee shop, lounge, dining room, banquet
room and pertinent landscaping and parking facilities .
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Board of Supervi ''s r ,July 13, 1971
Page 2
Additional park development will provide ball fields and ,
tennis courts with night lighting, sidewalks, landscaping
and sprinklers, picnic development, a new service yard, golf
course realignment and perimeter development, parking for
100 cars, and general restoration of existing portions of
the park.
RECOMMENDED:
That your Board approve the attached Joint Exercise
of Powers Agreement between the County of Los Angeles
and the City of Arcadia for development of the Arcadia
Regional Park and that the Chairman be instructed to
sign the agreement.
It is requested that the Executive Officer-Clerk of the Board
of Supervisors forward one fully executed copy of the agreement
to the City of Arcadia.
Very truly yours,
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ARTHUR G. WILL
• Chief Administrative Officer
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Attachment
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{ County Counsel
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1827 r
• 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-ARCADIA REGIONAL PARK AUTHORITY
THIS AGREEMENT, dated for convenience as of January 1, 1971, 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"),
WITNESSETH :
WHEREAS, City and County are each empowered by law to acquire sites for and acquire, con-
struct, maintain, operate and lease facilities and improvements for public park and recreational 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 described in 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 consideration 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, leasing
and subleasing a regional public recreation area with facilities and appurtenances necessary or convenient
therefor, including, but not limited to, picnic, playground and recreation facilities, ball fields,
j� peek golf course, tennis courts, :: . -- -- • • --• - - • •= :- -- and all related parking an r
maintenance facilities, in the area shown in Exhibit "A" and to provide for maintenance and operation of 7',
' said facilities by means of said sublease, or to maintain and operate said facilities in the event of any ci
`'} - default under said sublease. 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 proceedings for the issuance thereof, which-
ever 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.
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THIS �� ��. 1
FILES 0'~Ti-;s- C E' ,
CITY CLEF:(
Arcadia, California
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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 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. No person
holding a position on the City Council shall be eligible for appointment or service as a commissioner
during such time as he holds said position with the City Council. The terms of all commissioners shall
be computed as if they commenced on January 1, 1971, and shall be 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 member-
ship 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. Commission members shall serve without
remuneration.
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 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 constitute a quorum for the transaction of business,
except that a lesser number may adjourn for lack of a quorum.
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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 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 available for such purpose.
Section 4. Powers.
Authority shall have the powers common to City and County set forth in Section 1 of this Agree-
ment, to wit: acquiring, constructing, in whole or in part, and leasing,or subleasing, in whole or in part,
a regional public recreation area including but not limited to picnic, playground and recreation facilities, ,
Cit/ ball fields, sw g-pool, golf course, tennis courts, . - - - • and Z
all related parking and maintenance facilities, in the area described in Exhibit "A". Authority shall ` L.
further have the power to provide for maintenance and operation of facilities which have been acquired V
or constructed in whole or in part by Authority by means of said sublease or to maintain and operate
said facilities in the event of any default under said sublease. 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, or to provide for maintenance and
operation by means of the sublease referred to in Section 9 hereof, or in the event of any default under
said sublease to maintain and operate any buildings, 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, contributions
and donations of property, funds, services and other forms of assistance from persons, firms, corpo-
rations and any governmental entity, provided that any such gifts, contributions or donations are con-
sented 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. Authority 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 term "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
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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 described in Section 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 described in the attached Exhibit "A"; provided that County may reserve such rights
and easements as are reasonably necessary and do not unreasonably interfere with the purposes 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 Authority. Upon approval of the construction documents for the project, or any phase
thereof, by County, Authority shall call for competitive bids to let necessary construction and improve-
ment contracts therefor. Authority shall award such construction and improvement contracts to the
lowest responsible bidder after the approval of said lowest responsible bidder by County. The facilities
shall then be constructed by said bidder in accordance with the construction documents approved by
the County. Any construction contract 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.
The approvals required of County by this section and by any construction contract documents may
be given in 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 pay-
ments 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 construction funds in accordance with the applicable
procedures set forth in the resolution providing for issuance of bonds of the Authority. Such procedures
shall provide, in substance, that the 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 com-
pleted 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
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phase. Rental payments under each such sublease 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 Bond.
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 Agreement. Said bonds may be issued in separate series or issues
to match construction phases or may be authorized in different 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 revenue 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 Government 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 suc has 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 and picnic and playground
areas. Said park is approximately 185 acres in size and provides facilities for a comprehensive recre-
ational program that will serve a population of approximately 300,000. It will draw patrons from an
area having a radius of approximately 5 miles. The park area located within the boundaries of the City
will provide benefit to the population of the City. 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;
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(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 out-
standing bonds and 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, except that the Director of the Department of Parks and Recreation of County shall be
responsible for all property under his jurisdiction and described in Exhibit A hereto. The parties to
this Agreement hereby find and determine that the Controller shall be liable under his official bond
in the amount of $50,000 and the Treasurer shall be liable under his official bond in the amount of
$300,000.
Section 14. Personnel.
Authority may request from County the services of such County 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.
Section 15. Notices.
Notices hereunder shall be sufficient if delivered to:
Authority Secretary,
Executive Officer—Clerk of the Board of Supervisors
Room 383, Hall of Administration
Los Angeles, California 90012
County Executive Officer—Clerk of the Board of Supervisors
Room 383, Hall of Administration
Los Angeles, California 90012
City of Arcadia City Clerk, City Hall
240 W. Huntington Drive
Arcadia, California 91006
Section 16. Miscellaneous.
The section headings herein are for convenience only and are not to be construed as modifying or
governing the language 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.
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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 ineffectual, 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 provisions 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.
Section 19. Limitation on City Liability.
Pursuant to Section 895.4 of the California Government Code, County hereby agrees to indemnify
City against any liability of the City arising out of the performance 'of the Agreement, provided that
said liability is not resultant from a negligent or wrongful act of City.
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