HomeMy WebLinkAboutCity Council - 2903 RESOLUTION NO. 2903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH 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
The City Council of the City of Huntington Beach does
hereby find, determine, and resolve as follows :
1. This application is made pursuant to the provisions
Division One of the District Reorganization Act of the Govern-
ment Code of the State of California, specifically Sections
56140 and 56195 thereof.
2 . This application is for the dissolution of the Orange
County Harbor District ; and
3 . Is deemed mandatory under the provisions of Section
56197 of said Government Code .
4 . Dissolution of the Orange County Harbor District will
be for the interest of landowners and present and future in-
habitants within said district . (Section 56367, Government Code . )
5. Application is made subject to the following conditions ,
as permitted by Government Code Section 56470 :
(a) All 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
1.
County- of Orange, and those which cannot shall be trans-
ferred to the appropriate county officer for the purpose
of succeeding to all of the rights , duties and obligations
of the extinguished district with respect to enfordement,
performance, 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 ,
piers shall vest in the county in unincorporated areas , and
the cities within the incorporated areas .
Existing properties, consisting of anchorages , wharfs ,
2 .
t
moorings and piers , other than the facilities of the
existing Harbor Districts ' headquarters , located within
incorporated cities , shall be transferred to such cities .
(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 Com-
missioners shall be established as an advisory commission.
(h) The employees of the district shall be transferred
to the County of Orange with appropriate employment conver-
sion rights .
(i) The effective date shall be November 1, 1969, sub-
sequent to the ratification election and filing of certifi-
cate of completion, and prior to the due date of 1969-70
taxes .
6 . Application is made for the following reasons :
(a) The original purpose of said harbor district,
to wit : to develop and maintain Newport 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
3 .
original purposes, powers and philosophy of said district;
and
(b) There exists overlapping jurisdiction between
the Harbor District and certain cities relating to law
enforcement and fire fighting; and
(c) There appears to be some expenditures by the
Harbor District of funds for local benefit rather than
regional recreational benefit; and
(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 exists 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 begin proceedings for the dissolution of
the Orange County Harbor District proposed herein.
It is further resolved by the City Council, that the City
Clerk be instructed to file a certified copy of this resolution
with the Executive Officer of the Local Agency Formation Com-
mission between March 1 and March 8, 1969 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of January, 1969 .
Mayor
ATTEST: APPROVED AS TO FORM:
(7,
City erZerk , City Attorney
4 .
Res. No 2903
1
2 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
3 CITY OF HUNTINGTON BEACH )
4 I , PAUL C. JONES, the duly elected, qualified and
5 acting City Clerk of the City of Huntington Beach, and ex-
6 officio Clerk of the City Council of said City, do hereby
7 certify that the whole number of members of the City Council
8 of the City of Huntington Beach is seven; that the foregoing
9 resolution was passed and adopted by the affirmative vote of
10 more than a majority of all the members of said City Council
11 at a regular meeting thereof held on the 20th
12 day of January 19 69 , by the following vote :
13
14 AYES: Councilmen:
15 Shipley, Bartlett, McCracken', Kaufman, Matney,
Green, Coen
16 NOES: Councilmen:
17 None
18
ABSENT: Councilmen:
19
None
20
21
City Clerk and -officio Clerk
22 of the City Council of the City
of Huntington Beach, California
23
24
25
26
27
28
29
30