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HomeMy WebLinkAboutMINUTES - 06011975 - COB BOX 69 In the Board of Supervisors of Contra Costa County, State of California April 11 , 19 78 In the Matter of Transfer from Park Dedication Trust Fund to Town of Moraga The Board having received a March 28, 1978 memorandum from the Director of Planning,,Cin response to a Board order of October 4, 1977, authorizing the Planning Department to prepare an agreement between the County and the Town of Moraga,) recommending that the Board approve the agreement to release $28,739.52 held in the Local Park and Recreation Facilities Trust Fund (275 1) to the Town of Moraga; IT IS BY THE BOARD ORDERED that the recommendation of the Director of Planning is APPROVED. IT IS FURTHER. ORDERED that the Auditor-Controller is AUTHORIZED to issue a warrant in the amount of $28 ,739 . 52 to the Town of Moraga. PASSED by the Board on April 11 , 1978 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Planning Department Supervisors cc: Town of Moraga affixed this lltWay of April 19 78 County Auditor-Controller County Administrator J. R. OLSSON, Clerk By e��1Ul� � 12. Deputy Clerk n Jamie L. Johnson H -24 3/76 15m �ec@ - RKk D�J is 0Fa_T_XU5f" FUKI4 %, RESIDENTS OF TERRITORY. To the extent the establishment of the recreation facili - ties are effectuated, wholly or in part, by park dedication fees derived from cer- tain territory, any resident or groups of residents of said territory shall have the right to use and enjoy said recreation facilities upon the same terms and conditions prescribed for use by any other persons or groups of persons residing within the total area of said Agency. 8. NOTICES. Any and all notices or reports to the County desired or required by the terms of this Agreement shall be given in writing addressed to the Board of Supervisors, County Administration Building, Martinez, California. Any and all notices to the Agency desired or required by the terms of this Agreement shall be given in writing addressed to the Agency at such address as the Agency may designate to the County. 9, SUCCESSORS. The terms and conditions of this Agreement shall extend to and be binding upon and inure to the benefit of the successors and assigns of the re- spective parties hereto. 10, TERMINATION. Either party to this Agreement may terminate it by giving the other written notice of its intention to do so at least 180 days or more prior to the effective date of such termination . C014TRRA S AGENCY By I. Schroder gy Chairman, Board of Supervisors Ci ATTEST: J. R. OLSSON, County Clerk and ex officio Clerk of the Board of Supervisors Mayor , Town of Moraga / Designate official capacity Deputy Jamie L. Johnson (SEAL) (SEAL) ` RECOMMENDED FOR APPROVAL: By Mat tra or By / o int Planning Direct FORM APPROVED: JOHN B. CLAUSEN, County Counsel By Deputy AGREEMENT (Park Dedication Funds) PARTIES. Effective on APR 111978 .the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County and the Town of Moraga, a political subdivision of the State of California, hereinafter called "Agency" , mutually agree as follows: 2. PURPOSE. Pursuant to Government Code Section 66477 and Division 920 of the. County Ordinance Code, fees have been collected for the provision of park and recreational facilities in various areas of the County. In order to assure the establishment and development of park and recreational facilities, the County proposes to grant and transfer park dedication fees to the Agency for the provision of park and recreation facilities to be determined by the Agency. Any funds granted will be transferred from the "Local Park and Recreation Facili- ties Trust Fund". 3. FEE GRANT. By this Agreement the County hereby grants and transfers to the Agency park dedication funds in the amount of $28,739: 52. 4. CONDITIONS. Fees transferred pursuant to Section 3 of this Agreement shall be used subject to strict compliance with the following terms and conditions: (a) The fees must be used only for the acquisition or development of park and recreation facilities; they shall not be used for administrative or recreation programming costs. (b) Any and all facilities acquired or developed shall be in accordance with the provisions of the Agency's general plan. 5. RECORDS AND REPORTS. Agency agrees to keep true, full and accurate records of all matters pertaining to fees granted and transferred to it pursuant to this Agreement and as to any disbursements made by Agency in connection there- with. County, and/or its authorized representatives or agents, shall have the right to examine and inspect the Agency's books and records pertaining to this Agreement. On or before the 90th day following the end of the fiscal year in which fees are received by the Agency, and annually thereafter until completion of the facility or all monies allocated by the County hereunder are expended , a report in five copies describing the status of the development to be provided pursuant to this Agreement shall be submitted to the County. A financial report showing all fees received and expenditures of the monies during the fiscal year., with a statement attesting that it is a true, accurate and valid report executed by the financial officer of the Agency, shall be included as a component of the annual report. 6. DISCRIMINATION. In the maintenance and operation of the recreation facilities, the Agency shall neither discriminate nor permit discrimination against any person or group of persons on the grounds of race, color or national origin in any manner prohibited by law. Non-compliance with this paragraph shall constitute a material breach, and the County may terminate this Agreement. tilicrofi4med vii'.h board order REz D Co:,irci Ccs?n County APLANNING COSTACONTRA COUNTYRECEIVED j 78. CLERKRS -cOffice of 9 a u TO: Arthur G. Will DATE: March 28,997$' County Administrator FROM: Anthony A. 'Dehaesu SUBJECT: Release of Park Dedication Director of Planni Funds to the Town of Mora.ga On October 4, 1977 t e Board of Supervisors authorized the Planning Department to develop an appropriate agreement for the transfer of park dedication funds to the Town of Moraga after resolution of administra- tive aspects regarding the Town's assumption of the responsibilities of County Service Area R-4 and the Moraga Park and Recreation Authority. These.matters have now been resolved. Attached are six copies of an agreement to release $28,739.52 held in the Local Park and Recreation Facilities Trust Fund (2751 ) to the Town of Moraga for use in the provision of park, and recreation facilities. Please schedule this item on your next agenda. AAD/ral Board of Supervisors -2- September 20, 1977 With the dissolution of the service area and absorption of the authority by the Town, the Town becomes the only appropriate agency for receipt of park dedication funds collected in the area. It has been Board policy to only transfer park dedication monies to agencies for specific projects after review and recommendation by the Park and Recreation Facilities Advisory Committee. However, the Board may transfer funds to appro- priate agencies without consideration of specific projects if the agency agrees to ultilize the funds for the intended purposes. I recommend that Board of Supervisors authorize the Planning Department to develop an appropriate agreement for the transfer of funds to the Town of Moraga after the matter of dissolving the service area and authority is resolved. It should also be noted that any future additional park dedication fees collected in the rural fringe of Moraga could be transferred to the Town. AAD/cad In the Board of Supervisors of Contra Costa County, State of California August 30 , 19.77 In the Matter of Request to Transfer from the Park Dedication Trust Fund to. the Town of Moraga Treasury. The Board having received an August 19, 1977 letter from Mr. Gary C. Chase, Town Manager, Town of Moraga, requesting a transfer of $28, 739. 52 from the- Park Dedication Trust Fund to the town treasury for disbursement only in conformance with the County Park Dedication Ordinance; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the Director of Planning for report. PASSED by the Board on August 30, 1977 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC : Director of Planning Witness my hand and the Seal of the Board of Mr. Gary Chase Supervisors Public Works Director affixed this 30thday of Ai,g,iet 19 77 County Administrator 0 OLSSON, Clerk By Deputy Clerk Ronda Amdahl. Ronda -24 3/76 15m o�moraga C yYyWk1{yyC a,. Zown of Moraga COUNCIL 4 Susan H.McNulty,Mayor 1550 VIADER DRIVE, SUITE D Merle D.Gilliland,Vice Mayor -- P.O. BOX 185 William G.Combs MORAGA, CA 94556 Michael T.Cory �Dllember,l°� (415)376-5200 Barry R.Gross Gary C.Chase,Town Manager RECE]SUPERVISORS August 19, 1977 AUG -1 J. R. O CLERK BOARD O/CONT Ce ._ 2/S ty Board of Supervisors Administration Building 651 Pine Street Martinez, CA 94553 Gentlemen: The Town Council of the Town of Moraga respectively requests that the park dedication funds in the amount of $28 , 739. 52 be transferred to the town treasury. This money will be set in a special fund, and will be disbursed only in conformance with the Park Dedication Ordinance. Very truly yours, % Z— Gar C. Ch se Town Manager GCC:gm _ CC : Anthony A. `Dehaesus Director of Planning C.c. �p - In the Board of Supervisors of Contra Costa County, State of California October 4 , 19 77 In the Matter of Transfer from Park Dedication Trust Fund to Town of Moraga Treasury. The Board having received a September 21, 1977 report from Mr. A. A. Dehaesus, Director of Planning, in response to Board referral of a request that park dedication funds collected in the Moraga area be transferred to the Town of Moraga; and Mr. Dehaesus having recommended that the Planning Department be authorized to develop an appropriate agreement for transfer of the funds after administrative aspects have been resolved; IT IS BY THE BOARD ORDERED that the recommendation of the Director of Planning is APPROVED. PASSED by the Board on October 4, 1977• I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Mr. Gary Chase Supervisors Town of Moraga Director of Planning affixed this4th day of. October 1977 Public Works Director County Auditor-Controller J. R. OLSSON, Clerk County Administrator By Deputy Clerk ✓��� � � obbie 6Aierrez H -24 4/77 15m // r/ Q RECEIVED CONTRA COSTA COUNTY SEP 2 7 1977 PLANNING DEPARTMENT J. R. OLSSON CLERK BOARD OF SUPERVISORS By JN TRA CQSTA CO. fi:ki....De u TO: Board of Supervisors DATE: September 21, 1977 FROM: Anthony A. Dehaesus SU BJECT:Town of Moraga Park Director of Plann1 U� Dedication Funds Request On August 30, 1977 the Board referred a request for ark dedication funds from g q P Mr. Gary C. Chase, Town Manager, Town of Moraga, to me for a report. Mr. Chase has requested that the park dedication funds collected in the Moraga area ($28,739.52) be transferred to the Town of Moraga. Prior to the ,incorporation of Moraga, park dedication funds collected in the Moraga area were credited to the County Service Area R-4 account. The Moraga Park and Recreation Authority acted as the citizens advisory committee for R-4. Since 1974, $115,119 has been released to the service area and the authority for park and recreation purposes . With the incorporation of the Town in 1974, the portion of the service area within the city limits ceased to exist per State law. The remainder of Service Area R-4 is unincorporated and sparsely populated. For all intents and purposes, County Service Area R-4 no longer needs to exist. It is our understanding that the functions of the Moraga Park and Recreation Authority will soon be absorbed by the Town of Moraga if arrangements can be made regarding the debt on the former Rheem property (Haci,enda De Las Flores) . The County acquired the subject project through an arrangement with the Contra Costa County Employees' Retirement Association which is a lease with option to purchase (by the County) agreement. The County remains responsible for the lease debt payments, and cannot legally transfer that responsibility to the Town as the association is not permitted to have such an arrangement with a city. The County now subleases the property to the authority for area recreational purposes. The County Administrator's Office has advised the Town to draft a County-Town agreement whereby the County employs the 'Town to manage the subject property for the County, as an independent contractor. The Town would manage the property and make payments to meet the lease debt to the County, and the County would pay the lease payments to the Retirement Association. The Administrator's Office also suggests that the Town consider making the full monthly lease payment of $3,150 (the Town presently pays monthly $3,093) , in order that the County can dissolve the existing rural fringe area that is the remainder of County Service Area R-4. Micronimea tivrth board order.