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HomeMy WebLinkAbout69-007RESOLUTION 69-7 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE DISSOLUTION OF THE ORANGE COUNTY HARBOR DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 56195 OF THE GOVERNMENT CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This proposal is made pursuant to the provisions of Division One of the District Reorganization Act of the Government Code of the State of California, and specifically Sections 56140 and 56195 thereof. 2. This proposal is for the dissolution of the Orange County Harbor District. 3. This proposal is deemed mandatory under the provisions of Section 56197 of the Government Code. 4. This proposal for the dissolution of the Orange County Harbor District will be for the interests of landowners and present and future inhabitants within said District. (Section 56367, Government Code) 5. This dissolution proposal is made subject to the follow- ing conditions, as permitted by Government Code Section 56470: (a) Ail existing assets including but not limited to property, real and personal, shall be transferred to the County of Orange, except as provided in sub paragraph (e) hereof. (b) The Local Agency Formation Commission is to deter- mine which obligations of the District may be assumed by the County of Orange, and those which cannot shall be transferred to the appropriate County Officer for the purpose of suc- ceeding to all of the rights, duties, and obligations of the extinguished district with respect to enforcement, perfor- mance, or payment of any outstanding bonds, or other contracts and obligations of said extinguished district. (c) The functions, duties, and operations of the existing Orange County Harbor District shall be transferred to the County of Orange, to the extent authorized by the Harbors and Navigation Code, especially Sections 660 and 663.5, and the Government Code, especially Section 25352. (d) The Local Agency Formation Commission shall determine if there are any essential harbor activity functions which the County of Orange is not authorized to perform pursuant to existing State law, and, if any, shall formulate legislative proposals for submission to the 1969 State Legislature. (e) The Local Agency Formation Commission shall determine that, in the absence of cooperative agreements between the Harbor District or the County of Orange and cities in which harbors are located, the duties of patrol, law enforcement, and fire protection, and the authority to regulate and charge fees for anchorages, wharfages, moorings, ahd piers shall vest in the County in unincorporated areas, and the cities within the incorporated areas. Existing properties, consisting of anchorages, wharfs, moorings, and piers, other than the facilities of the existing Harbor District's Headquarters, located within incorporated cities, shall be transferred to such cities. -1- (f) The Local Agency Formation Commission shall determine that existing county tidelands, held in trust for harbor purposes, shall be retained by the County of Orange, and the revenues obtained from said tidelands shall be used for regional harbor purposes, although by agreements with cities, said revenue may be paid to cities for performing services of a regional harbor purpose. (g) The Board of Harbor Commissioners shall be terminated, and a Board of Beaches, Harbors and Parks Commissioners shall be established as an advisory commission. (h) The employees of the District shall be transferred to the County of Orange with appropriate employment conversion rights. (i) The effective date shall be November 1, 1969, subse- quent to the ratification election and filing of certificate of completion, and prior to the due date of 1969-70 taxes. 6. This dissolution proposal is made for the following reasons: (a) The original purpose of said Harbor District, to wit: to develop and maintain New~ort Harbor, has been so greatly changed, altered, and added to by legislative amendments that the present purposes, powers, and philosophy of the Harbor District are entirely different from the original purposes, powers, and philosophy of said District; (b) There exists overlapping jurisdiction between the Harbor District and certain cities relating to law enforcement and fire fighting; (c) There appears to be some expenditures by the Harbor District of funds for local benefit rather than regional reereational benefit; (d) There exists a separate taxing jurisdiction in the agency of the Harbor District, which levies taxes to be used exclusively for harbor purposes; and (e) There exist two parallel administrative agencies, the District and the County, for the administration of the regional harbors, beaches, and parks program in Orange County. 7. It is requested that the Orange County Local Agency Formation Commission take proceedings for the dissolution of the Orange County Harbor District as herein proposed. BE IT FURTHER RESOLVED: That the Clerk of the Council is hereby instructed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission between March 1 and March 8, 1969. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20th day of January, 1969. ATTEST: CLERK OF THE COUNCIL -2- STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 20th day of January, 1969, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: COUNCILMEN: Herrin, Brooks, Carlson, Griset~ Markel, Thurman, McMichael None ABSENT, COUNCILMEN: None CLER/( OF THE COUNCIL -3-