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HomeMy WebLinkAboutCity Council - 5513 RESOLUTION NO. 5513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING DELEGATION OF PERMIT JURISDICTION OVER FLOOD CONTROL CHANNELS BETWEEN BEACH BOULEVARD AND THE SANTA ANA RIVER WHEREAS, the California Coastal Commission has informed the city, that it will retain original permit authority over areas located between Beach Boulevard and the Santa Ana River which include both flood control channels; and Such flood control channels are man-made structures, main- tained by the County of Orange, filled, developed, and com- mitted to urban use; and During those periods when such channels are unable to con- tain heavy rains or flash flooding, the city is subjected to heavy liability from overflow which presents a threat to human lives, and damage and loss of real and personal property of city homeowners and residents in areas adjacent to or in the general vicinity of such flood control channels; and Flood control channels meet the test of the California Coastal Commission, under California Public Resources Code sec- tion 30613, for delegation of original permit jurisdiction to local government inasmuch as such channels have been filled, have available infrastructures, and run through and provide drainage for areas presently developed with buildings, road- ways, parking lots, public facilities and other improvements, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby request delegation of original permit jurisdiction by the California Coastal Commission over the flood control channels between Beach 1 . Boulevard and the Santa Ana River for the following reasons: 1. The channels provide drainage for both commercial and residential uses, which have been filled and developed, have available infrastructures, and are committed to urban uses ; and 2. The city, in conjunction with the County of Orange, maintains such flood control channels , and is liable for loss of human life, and the loss of and damage to real and personal property resulting from runoff due to excessive rainfall or flash floods. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of May , 1985. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City / ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: - City Administrat r JD rector of Deve10 m e n t Services 3462/0544L ahb 4/23/85 2. Res. No. 5513 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) se: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of May 19 85 , by the following vote: AYES: Councilmen: Kelly, MacAllister, Green, Thomas NOES: Councilmen: Bailey, Finley ABSENT: Councilmen: Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California