HomeMy WebLinkAboutFLOOD CONTROL DISTRICT - 1974-12-18from the desk of:
EVELYN SCHUBERT
Deputy City Clerk
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
d a (714)�5�36-_5(4�05
1 N AGREEMENT PROVIDING FOR. T11E ESTABLISHMENT
OF THE SANTA ANA RIVER FLOOD PROTECTION AGENCY
(As Amended 12/18/74)
1 This is an Agreement between the County of Orange, the Orange County
2 Flood Control Dictrict, and those cities and other public agencies within Orange
3 County which subscribe to it. The parties are all public agencies having some
d jurisdiction or interest in the mitigation of deficiencies in the flood storage capa-
5 Y rn city of PrF.do Daand Reservoir and the concomitant flood hazard to the citizens
G of Orange County. This Agreement is made pursuant to Title 1, Division 7, Chapter
7 5, of the Government Code of the State of California.
8 RECITALS
9 MIEERFAS, the United States Army Corps of Engineers in the studies leading
10 to a survey report on the Santa Ana River Basin for Orange, Riverside and San
11 Bernardino Counties has advised in public meetings of the need for the correcticn of
12 flood protection deficiencies along the Santa Ana River; and,
13 WHEREAS, the Corps of Engineers has studied and presented in public sev-
14 eral•alternative plans for works of improvement while preparing to present to the
•15 United States Congress for project authorization a feasible plan which best repre-
16 Bents ex.rressed public interest; and
17 WHEREAS, the parties to this Agreement recognize the necessity and effec-
18 tiveness of presenting a position of unanimity in seeking Congressional authorization
19 for Santa Ana River flood protection project; and
20 Vyl-IEREAS, the parties to this Agreement have the authority and power to
21 contract arnong themselves in constituting a joint powers agency representing their
22 mutual interests.
23 COVENANTS
24 NOW, THEREFORE, the parties subscribing hereto in consideration of the
25 mutal covenants herein contained, agree together as follows:
26 SECTION 1. - PURPOSE. The purpose of this agreement is for the joint
27 exercise of the powers for flood protection, conservation and control of Storm
23 and flood waters, protection of the health, safety, welfare, and property of the
29 residents residing within the parties' boundaries.and the.exercise-of the -common
30 Powers of the parties, and particularly to do the follcwing:
31 A. To disseminate information on the flood hazard potential of the Santa
32 Ana River and feasible plans for mitigating the flood threat;
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1 B. To seek a position of unanimity in the statement of mutual interest of
2 Ithe citizens of Orange, Riverside and San Bernardino Counties in support of the
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3 most feasible alternative plan for flood protection along the Santa Ana River;
4 C. To solicit Congressional authorization and appropriations for works of
5 improvement.
6 SECTION 2. - CREATION OF AGENCY.
7 A. There is hereby created a public entity entitled, "The Santa Ana River
8 Flood Protection Agency", hereinafter called "AGENCY" and said AGENCY pur-
9 suant to the provisions of government code section 6507, shall be a public agency
10 separate from the parties hereto. Pursuant to government code section 6508. 1
11 the debts, liabilities, and obligations of the AGENCY shall not be the debts,
12 liabilities, and obligations of the parties hereto.
13 B. ?Membership in the AGENCY shall be voluntary and shall include but
14 not be limited to; the County of Orange, the Orange County Flood Control District,
15 the incorporated cities of Orange County, and any public agency having authority
16 under the Government Code of the State of California to contract for the joint exer-
17 cise of powers. The effective date of this agreement shall be the date of execution
18 by the: Chairman of the Board of Supervisors for the County of Orange and Orange
19 County Flood Control District following execution of the agreement by three or more
20 of -the incorporated cities of Orange County. Eligible agencies executing this Agree-
21 ment prior to or within sixty calendar days of the effective date of this Agreement
22 shall constitute the initial membership. Thereafter, any eligible agency desiring
23 to gain membership may do so by subscribing to this Agreement pursuant to a duly
24 adopted resolution of its governing board or council and upon ratification of sub-
25 scription by a majority of the then members of the AGENCY.
26 C. The governing body of the AGENCY shall consist of a commission com-
27 prised of one elected representative duly appointed from the governing board or
28 council of each of the parties to this Agreement each Commissioner holding one vote.
29 Commissioners shall represent, serve and be subject to removal and replacement ._ _
30 nt the pleasure of the appointing body. On the resignation, removal or incapacity
31 of any commissioner, the contracting party hereto shall %within thirty days appoint
32 a replacement commissioner. Each cormrdssioner shall file with the- AGENCY a
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certified copy of the resolution of appointment. The AGENCY shall annually elect
one of its commissioners as chairman who shall preside at all meetings and shall
also appoint a secretary. In the event a vacancy occurs in the office of chairman,
the AGENCY shall, at its next meeting, elect a new chairman.
D. A quorum for the transaction of business of the AGENCY shall require
affirmative approval by a majority of the members present at the meeting at which
time such action is taken. The AGENCY shall adopt from time to time such rules
and regulations consistent herewith for the holding of meetings and the conduct of its
affairs. All meetings shall be open to the public. The AGENCY shall cause its sec-
retary to keep full minutes of all meetings which shall be public documents and
available for inspection at the office of the secretary by any interested person.
SECTION 3. - POWERS. The common powers to be exercised pursuant to
this Agreement are the powers of each party to do any and all of the following:
A. To develop, provide and disseminate public information on the flood
hazard potential of the Santa Ana River, alternative plans for the flood protective
improvementrs and to solicit, communicate and support actions to secure Congres-
sional authorization and appropriations for works of improvement.
B. To make and enter into contracts, to employ a part-time officer for the
I exercise of the powers described herein, and to contract with one or more of the
(parties to this agreement for the employment of the services and personnel needed
jfor the exercise of the powers of the AGENCY.
C. To incur debts, liabilities or obligations neccsrary to carry out the
1purposes and powers of the AGENCY. However, there shall be no expense, liability
jor obligation incurred in excess of the budget without the approval or ratification of
jthe participating member agencies.
D. To exercise jointly the common powers of the members necessary or
incidental to carrying out the purposes of the AGENCY.
SECTION 4. - ADMINISTRATIVE PROCEDURES.
A. Within sixty days after the first rnecling of the Agency Commission. a
general budget shall be adopted for the balance of the fiscal year (from formation
through June 30, 1975). The first full years (7/1/75 - 6/30/76) budget shall not
exceed the sum of $1500 multiplied by the nu.mbcr cf participating agencies. A pre-
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I lirnirary budget shall be adopted prior to April 1 of each year with a final budget
2 to be adopted prior to or at the June meeting of the AGENCY. Each of the parties
3 shall deposit with the AGENCY its share of the adopted budget prior to the end
4 of August of each fiscal year. The general budget must be approved by two-thirds
5 of the conunissioners of the AGENCY. Copies of each general budget shall be
6 mailed to each of the parties within fifteen days of its adoption. The initial budget
7 and each succeeding budget shall include the following:
S (1) The anticipated general administrative expenses of the AGENCY;
0 and
10 (2) The allocation among the contracting parties of equal amounts
11 necessari' to cover the expenses.
12 B. Orange County Flood Control District agrees to deposit an amount
13 not to exceed $15,000. for the payrzent of all administrative costs for the AGENCY
14 detailed in the initial general budget upon its adoption, including the Ealary of the
15 part-time officer, commissioners' and officers' business expenses, office supplies,
is and corimunications costs and incidental accounting in connection therewith for the
17 initial fiscal year from date thereof through June 30, 1975.
18 C. Orange County Flood Control District agrees to provide clerical sup-
19 Port, office space, furniture and utilities in support of AGENCY operations at no
20 cost to the AGENCY.
21 D. The AGENCY shall keep proper books of record and accounts in which
22 complete and correct entries shall be made of all its transactions (including all re-
23 ceipts and di sbur cements). Said books shall upon written request be subject to fn-
24 f-pection by any duly authorized representative of any of the parties. Said books
25 E.nd accounts shall be audited annually by the Auditor -Controller of the County of
26 Orange and a copy of the report of said Auditor -Controller shall be available for
27 inspection at the office of the AGE14CY secretary.
28 E. The treasurer of Orange County shall be the treasurer of the AGENCY,
29 + rnd all funds of the AGENCY shall be main taiaedin...the-county-treasury. The_,datied— "
30 cf the auditor and treasurer shall be as defined in Section 6505 and 6505. 5 of the
31 Covernment Code of the State of California.
32 F. No commissioner s]iall receive any compensation from the AGENCY for
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his services. Any commicrioner m' ay be reimbursed for expenses incurred by such
commissionerin the conduct of business authorized by the commission.
G. All of the privileges and irnmunities from liability; exemptions from
laws, ordinances and rules; all pension, relief, disability, workmen's compensation,
1,%nd other benefits which apply to the activities of officers, agents or employees
of any of said contracting prblic agencies when performing their respective functions
within the territorial limits of the respective parties to this agreement, shall apply
to the same degree and en -tent while en raged in the performance of any of their func-
tions and other duties extraterritorially under this Agreement. None of the officers,
agents or employees mentioned in this section shall be deemed by reason of their
employment by the AGENCY to be employed by any of the contracting parties or by
reason of their employment by the AGENCY to be subject to any of the requirements
of such contracting parties hereto.
Fx. The notice to the Secretary of State as required by Government Code
ISectlen 6503.5 shall be made by the Chairman of the Cornrnission.
SECTION 5. - In lieu of circulating a single document among the entities
Ieligible for membership, this Agreement shall be prepared in multiple copies,
each of which may be signed by the County of Orange and one or more eligible
parties. The signed agre emcnts shall be filed with the Clerk of the Orange County
Board of Supervisors who rhall notify the initial membership of the effective date
of this Agreement.
SECTION 6. This joint powers agreement and the AGENCY shall exist as
long as three or more parties are in common agreement to continue the terms of
the joint powers agreement. A party to the Agreement may withdraw therefrom
upon giving ninety dayu written notice to the AGENCY Commission and to the other
Iparties to the Agreement and upon deposit of sufficient funds with the AGENCY to
cover the withdrawing party's proportionate of the debts, liabilities, obligations and
expenses of the AGENCY as determined by the Cor-umssion.
It is not contemplated that tle �GLGY�rrill-acc�ui,rg-ara�terpersn::al property.
Upon termination and dissolution of the AGENCY any surplus or remaining
funds shal tic returned to the parties in proportion to the total contributions made
Rby each party.
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THE FOLLOWING IS A LIST OF SIGNATORS OF THIS AGREEMENT. THE ORIGINAL SIGNATURES
ARE FILED VIT11 T11E ORANGE COUNTY CLERK OF THE BOARD OF SUPERVISORS, AND A COPY
OF ALL THE SIGNATURES IS FILED WITH THE SECRETARY OF STATE.
COUNTY OF ORANGE
Ralph B. Clark •
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
Ralph B. Clark
Chairman of the Board of Supervisors
Attest by: June Alexander
Clerk of the Board of
Supervisors
Attest by: June Alexander
Ex-officio Clerk of the
Board of Supervisors of the
Orange County Flood Control
District
RECO: MEA'DED FOR APPROVAL:
11. G . Osborne
Director of the Environmental Management Agency
APPROVED AS TO FORM:
Charles B. Sevier, Deputy
for Adrian Kuyper, County Counsel
CITY OF ANAIIEIAI:
W. J. Bill Thom, Mayor
ATTEST: Alona M. Hougard, City Clerk
CITY OF COSTA MESA:
Robert M. Wilson, Mayor
ATTEST: Eilecn P. Phinney, City Clerk
CITY OF CYPRESS:
Otto Lacayo, Mayor
ATTEST: Darrell Essex, City Clerk
CITY OF FOUNTAIN VALLEY:
George B. Scott, Mayor
ATTEST: Evelyn H. Grippo, City Clerk
CITY OF FULLERTON:
Frances R. Wood, Mayor
ATTEST: Virginia Fitzsimmons,
CITY OF NEWPORT BEACH:
Donald A. McInnis, Mayor
ATTEST: Laura Lagios, City Clerk
CITY OF ORANGE:
Jess R. Perez, Mayor
ATTEST: Charolette 11. Johnson,
City Clerk
CITY OF PLACENTIA:
Robert B. Lyons
ATTEST: Edward M. Ponce, City Clerk
CITY OF SANTA ANA:
Vern S. Evans, Mayor
ATTEST: Florence J. Malone, City Cleric
City Clerk CITY OF SEAL BEACH:
Thomas J. McKnew, Mayor
CITY OF GARDEN GROVE: ATTEST: Jerdys Weir, City Clerk
Bernard C. Adams, Mayor
ATTEST: Ruby K. Silva, City Clerk CITY OF STANTON:
Albert J. Nuijens , Mayor
CITY OF HUNTINGTON BEACH: ATTEST: Ann E. Olson, City Clerk
Norma Brandel Gibbs, Mayor Pro Tempore
ATTEST: Alicia M. Wentworth, City Clerk CITY OF TUSTIN:
Joseph B. Langley, Mayor
CITY OF IRVINE: ATTEST: Ruth C. Poe, City Clerk
Arthur W. Anthony, Mayor
ATTEST: Carol J. Flynn, City Clerk _CITY OF WESTMINSTER:-
t Phillip L. Anthony, Mayor
ATTEST: Katherine C. Harper, City Clerk
REQUEL.-i FOR CITY COUNCi-..1 ACTION RcA 86-4
Date
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Submitted to: Honorable Mayor and City Council rlembers Ari'ROVL
Submitted by: Charles W. Thompson, City Administra r
Prepared by: Richard Barnard, Assistant to City Administrator ci�Y c
Subject: CITY OF BUENA PARK'S 1`1DMERSHIP IN SARFPA
Consistent with Council Policy? [VfYes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
The city of Buena Park has by resolutiion requested inclusion in the Santa Ana River
Flood Protection Agency,
Recommendation :
Approve Resolution No.M approving the application.
Analysis:
Resolution No.15131 ratifies the city of Buena Park's request for membership in the
Santa Ana River Flood Protection Agency. The current membership is per the attached.
list. The joint exercise of pokers agreement forming the Agency provides:
"...any eligible agency desiring to gain membership may do so by subscribing
to this agreement pursuant to a duly adopted resolution of its governing board
of council and upon ratification of subscription by a majority of the then members
of the Agency."
Funding Source:
Not applicable.
Alternative Action:
Not approve Resolution No.5Mand deny the application for membership.
Attacbments:
1. List of members in SARFPA
2. Buena Park Resolution 8299 requesting membership in SARFPA.
3. Request from SARFPA to ratify membership for Buena Park.
A. Resolution No.'s 7'j) approving the application for membership.
RB:jp
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j, le CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 17, 1986
Santa Ana River Flood Protection Agency
811 North Broadway, Suite 600
Santa Ana, CA 92701
Attn: George Osborne, Executive Director
Enclosed is a certified copy of Resolution No. 5737 adopted by
the Huntington Beach City Council approving the ratification of
the City of Buena Park as a member of the Santa Ana River Flood
Protection Agency.
Resolution No. 5737 was adopted by the City Council on Monday,
December 15, 1986.
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Alicia M. Wentworth
City Clerk
AMW : cb
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cc: City of Buena Park
Mwphon.: 7146M-62271
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RESOLUTION NO. 5737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE RATIFICATION OF
THE CITY OF BUENA PARK'S REQUEST FOR MEMBERSHIP
IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY
WHEREAS, the Santa Ana River Flood Protection Agency was
formed in 1974 to promote a Corps of Engineers' project on the
Santa Ana River to remedy what is currently described as the worst
flood threat west of the Mississippi River, ana
WHEREAS, the Agency now consists of 22 members who have
been instrumental in developing and promoting a remedial project
now before the Congress for authorization,
WHEREAS, the City of Buena Park has requested inclusion as
a member of the Agency,
WHEREAS, the City of Buena Park is qualified for
membership and can assist in securing the authorization and
subsequent construction of the Santa Ana River Main Stem Project
for the protection of Orange County.
NOW, THEREFORE, BE IT RESOLVED that membership of the City
of Buena Park in the Santa Ana River Flood Protection Agency be
and is hereby ratified.
PASSED AND ADOPTED by
Huntington Beach at a regular
day of , 1586.
ATTEST:
City Clerk
REVIEWED D APPROVED:
City Administrifftor
the City Council of the City of
meeting the Qof held n the 15th
a
APPROVED AS TO FORM:
'City At r ey
Res�..ao- 5737
STATE OF CALIFORNIA ) '
COUIRiY OF ORANGE ) s s
CITY OF BUNTIN=DN BEACH )
I, ALICIA H. WEMWORTH, 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 15th day
of December 19 86 , by the following vote:
AYES: Councilmen:
Winchell, Mays, Kelly, Erskine, Green, Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington beach, California
219
Santa Ana River
Flood'ProtecflonAgency
911 North Broadway, Suite 60O Unta Aru, Gliiornv • 92701 phone (714) 834-S142
August 27, 1986
y
SIS 2
Charles Thompson, City Manager CITY OF
City of Huntington Beach AD:!INjSF„VE AMU
2000 ;:gin Street
Huntington 3e3ch, Ca 92648
Dear Mr. Thompson:
The City of Buena Park has by resolution (copy enclosed) requested
inclusion in the Santa River Flocd Protection Agency. The current
membership is per the enclosed list.
:he joint exercise of powers agreement forming the Agency provides:
"....any eligible agency desiring to gain membership may do so
by subscribing to this A3reeuent pursuant to a duly adopted resolution
of ::s governing board cc council and upon ratification of subscription
by a majority of the then members of the Agency."
The City of Buena Park is eligible for membership and it is recornended
that the City of Huntington Beach City Council approve the application.
A sample resolution is enclosed for your assissar.ce in placing the
matter before the Council.
If you have questions, please call.
Please forward the certified resolution to this office.
i
�r
George Usborne, Executive Director
HGO:ps
Attachments
�.01
RESOLUTION NO. 8299
RESOLUTION REQUESTING CITY ADMISSION TO THE SANTA ANA RIVER FLOOD
PROTECTION AGENCY
WH"tREAS, the City Council is interested in providing adequate flood protection
for Buena Park residents; and
WHEREAS, the Santa Ana River Flood Protection Agency was created to seek
flood protection improvements beneficial to all of its me.rber agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
The City hereby requests inclusion in the Santa Ana River Flood Protection
Agency and agrees to abide by its covenants,
The Mayor and City Clerk are hereby authorized to sign cn behalf of the City
and the City will deposit its pro rata share of the assessment for membership
used upon the actual date of membership.
PASSED AND ADOPTED THIS
ty the following called vote:
AYES: 4 COUNC I LPER50US :
2 3 th
day of august 198c,
McCune. Jones, Chessen. Griffin
ROES: 0 COUNCILPERSONS: None
ASSENT: 1 COUNCILPERSONS: Reese ,
ATTEST:
CITY CLERIC
m�, f '. .I is
I hereby certify that the foregoing Resolution was duly and regularly passed
and adopted at a reeular meeting of the City Council of the City of
Buena Park held this 18th day of August , 1986.
CITY CLERK
• Vembtr:hip in the Santa Ana River Flood Protection Agency as of September 1, 1986.
City of Anaheim
City of Costa Mesa
City of Cypress
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of Newport Beach
City of Orange
City of Placentia
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
Gty of Villa Park
G ty of Westminster
City of Ycrba Linda
Orange County Sanitation Districts
Orange County Water District
Orange County Flood Control District
County of Orange
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City of Huntington Beach
P.O. 90X 190 CALIFORNIA 92M
OFFICE OF TIIE CITY CLERK
April 8, 1975
Orange County Flood Control District
P. 0. Sox 1078
Santa Ana, CA 92702
Gentlemen:
The City Council of the City of Huntington Beach at its regular
meeting held Monday, April 7, 1975 approved plans and specifi-
cations required by the Flood Control Act for Santa Ana River
Channel Improvements from Garfield Avenue to the Santa Ana
Freeway, consisting of levee reinforcement/protection and increased
channel capacity.
Enclosed are two (2) copies of the Statement of the Action of the
City Council.
Sincerely yours,
Alicia M. Wentworth
City Clerk
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_2 0C- C- A
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City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
March 19, 1975
Honorable Mayor
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Santa Ana River Channel Improvements
from Garfield Ave. to San Diego Freeway
Gentlemen:
The Orange County Flood Control District is prepared to
proceed with a contract to improve the Santa Ana River from
Garfield Avenue to the San Diego Freeway. The proposed improve-
ments consist of levee reinforcement/protection and increased
channel capacity. The project has an approved Environmental
Impact Report. The Flood Control Act requires City Council
approval prior to the award of contract.
It is recommended that the City Council approve the enclosed
plans and specifications and that the City Clerk furnish the
Orange County Flood Control District with two (2) certified copies
of the Council's action.
Very truly yours,
Ha ge
Director of Public works
HEH:WEH:ae
Encl.
D .5
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City of Huntington Beach
P.O. BOX Ito CALIFORNIA 026"
OFFICE OF THE CITY CLERK
April 8, 1975
Orange County Flood Control District
P. O. Box 1.078
Santa Ana, CA 92702
Gentlemen:
The City Council of the City of Huntington Beach at its regular
meeting held Monday, April 7, 1975 approved plans and specifi-
cations required by the Flood Control Act for Santa Ana River
Channel Improvements from Garfield Avenue to the Santa Ana
Freeway, consisting of -levee reinforcement/protection and increased
channel capacity.
Enclosed are two (2) copies of the Statement of the Action of the
City Council.
Sincerely yours,
Alicia M. Wentworth
City Clerk
AMW:CH: lo
Encs.
l
City of Huntington Beach
P.Q. BOX 190 CALIFORNIA SUM
OFFICE OF THE CITY CLERK
January 7, 1975
Orange County Flood Control District
P. O. Box 9078
Santa Ana, CA 92702
.Attentions H.- G.Osborne - �Tdef Engineer ,
Dear Mr. Osborne:
The City Council of Huntington Beach, at its regular meeting held
Monday, January 6, 1975, approved the amended Joint Powers Agreement
for the creation of the Santa Ana River Flood Protection Agency which
was originally approved by Council on December 9, 1974.
Enclosed is an executed copy of the agreement together with a "Statement
of Action of the City Council." We would appreciate receiving a copy -of
this agreement at such time as the document is executed by all parties.
Sincerely yours,
Alicia M. Wentworth
City Clerk '
AMW: cb '
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H CITY OF HUNTINGTON BEACH CA 74-124
COUNCIL - ADMINISTRATOR COMMUNICATION
ML%TItiGT[ri N/AM
To Honorable Mayor and From City Administrator
City Council Members
Subject SANTA ANA RIVER FLOOD Date January 2, 1975
PROTECTION AGENCY AMENDED
AGREEMENT
Enclosed for your information is an amended agreement to the Santa
Ana River Flood Protection Agency Agreement approved by the City
Council at its December 9, 1974 Council meeting. As you recall,
the City Council appointed Councilwoman Rieder as the City's rep-
resentative to this agency. A transmittal from Councilwoman Wieder
and Councilman Frank Fry has been enclosed to explain the changes
which were made to the original agreement.
REMDIENDATI ON
Approve the amended agreement providing for the establishment of
the Santa Ana River Flood Protection Agency.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR:p
encls.
H. G. OSBORNE
CHIEF ENGINEER
ORANGE COUNTY FLOOD CONTROL DISTRICT
400 CIVIC CENTER DRIVE WEST
BANTA ANA■ CALIFORNIA
TELEPHONE: 034-2300
AREA CODE 714
DEC 2 0 1974
Mayor Alvin Coen
City of Huntington Beach
2000 Main Street
Post Office Box 190
Huntington Beach, California 92648
Dear Mayor Coen:
MAILING ADORES::
P. O. Box 107
SANTA ANA. CALIFORNIA 92702
FILE E01. 60
DECE cuwE
2 31574
CITY OF HU1'JTIIVGT01l BEACH
AD .JJNISTRATIVE OFFICE
The first meeting of 'the Santa Ana River Flood Protection Agency was attended by
representatives of fourteen cities and the Orange County Flood Control District,
The primary purpose of the meeting was to amend the "agreement providing for
the Establishment of the Santa Ana River Flood Protection Agency. 11 A number of
cities have approved the concept and expressed their intention of participating upon
resolution of questions raised by council members and staff.
Attached for your city's consideration is a copy of the agreement as amended at the
December 18 meeting, You will find that all amendments have strengthened the posi-
tion of signators to the agreements.
Changes were made as follows:
SECTION ZC. Now specifies that commissioners shall be elected Officials.
SECTION 3C. Prohibits the agency from exceeding authorized budget without
ratification by member agencies.
SECTION 4A. Limits first year budget to a maximum of $1500 multiplied by the
number of participating agencies and provides for preparation of a preliminary
and a final budget thus protecting both the agency and its member agencies.
SECTION 4F, Deletes the final portion of the paragraph thus permitting the
agency to pay expenses for out-of-state business as well as in -state business.
City attorneys of several cities have reviewed the changes and expressed their
belief that their objections have been answered and their agency adequately pro-
tected. Several cities have questioned the equal cost sharing and equal voting
provisions of the agreement, with several alternative methods proposed.
Considerable discussion has taken place on this subject and the decision made
to leave it for the present with the understanding that agency members may re-
view it at a later date if they so desire.
�.I
Mayor Alvin Coen
City of HuntingtonBeach
Page 2
As elected officials from participating agencies we were present at this meeting
and have agreed to call the next meeting of the new AGENCY. We strongly feel
the need for this agency and urge all cities in or near the flood plain to join us in
this consolidated effort to assure Orange County the flood protection so urgently
needed.
Sincerely,
Harriett Wieder, Councilwoman, Huntington Beach
Frank Fry, Jr, Councilman, Westminster
EJ : ew
T7b
December 11, 1974
Orange County Flood Control Distric
P. 0. Box 9078
Santa Ana, CA 92702
Attention: H. C. Osborne
Chief Engineer
Dear Fir. Osborne:
The City Council of Huntington Beat
held Monday, December 9, 1974 appre
creation of the Santa Ana River Flood Protection Agency.
Council, at that time, appointed Councilwoman Weder to serve as its
representative to said proposed agency.
Enclosed is a duly wmecuted copy of the agreement together with a
"Statement of Action of the City Council", regarding both natters.
Sincerely yours,
Alicia M. Wentworth
City Clerk \
AW:tlo .
Encl.
cc: Richard Harl6w, Planning Director �� •�.
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CITY OF iiun nGTon BEACH
P.O. BOX 190, CALIFORNIA 92648
PLANNING DEPT. (714) 536-5271
December 2, 1974
TO: Honorable Mayor and City Council
FROM: Richard A. Harlow
DATE: December 2, 1974
ATTN: David D. Rowlands
RE: SANTA ANA RIVER FLOOD PROTECTION AGENCY
Transmitted herewith is a proposed agreement for the establishment
of the Santa Ana River Flood Protection Agency. This joint powers
agency, which the City is requested to join, will be responsible
for dissemination of flood hazard information, seeking unanimity
among the citizens of Orange, San Bernardino, and Riverside
Counties on flood protection alternatives, and promoting federal
flood control project authorization. Also forwarded is a letter
from H. G. Osborne,Chief Engineer for the Orange County Flood
Control District explaining the purpose of the agency and comments
from the City Attorney's office.
According to Mr. Edward Just, who is coordinating formulation
of the Agency, the agreement has been executed by the County
of Orange, the Flood Control District, and the Cities of Cypress
and Costa Mesa. Several other cities - Fountain Valley, Garden
Grove, Stanton, Seal Beach, Anaheim, Orange and Santa Ana -
have approved the agreement subject to approval from their
City Attorneys.
Funding for the remainder of the fiscal year is being carried
by the Flood Control District. Anticipated expenses for next
fiscal year are not expected to exceed $1000 to $1500 per
member jurisdiction. All office and supporting staff will
be provided by the Flood Control District. Members' assessments
will be expected to finance a part-time director and necessary
travel and expenses for the Commissioners.
An organizational meeting of the Agency is tentatively scheduled
for December 18; and if the City is to participate, a represen-
tative should be appointed by that time. Mr. Just said that an
elected official would be preferable to serve as the City's
Commissioner to the Agency.
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Page Two
After extensive investigation of the flood hazard problem in
the City conducted as part of the Seismic --Safety Element of
the General Plan, it was concluded that potential threat
posed by the Santa Ana River is critical and far beyond the
capacity of the City to alleviate through land management
techniques or flood control facilities. In keeping with this
conclusion, the Flood Hazard Abatement Program of the Element
calls for the City to actively cooperate with other cities in the
flood plain to encourage immediate action by the Corps of
Engineers to execute a comprehensive flood control plan for
the Santa Ana River. The proposed Santa Ana River Flood
Protection Agency, if properly implemented, could provide the
mechanism necessary to speed federal efforts to deal with the
flood problem on a comprehensive regional basis. If such is
the case, the advantages accrued by the City would far out-
weigh any administrative costs incurred.
Respe fully submi ted,
Richard A. Harlow
Director of Planning and Envirormental Resources
RAH:MF:gc
Attachments
�.d
H. G. OSBORNE
CHIEF ENGINEER
ORANGE COUNTY FLOOD CONTROL DISTRICT
400 CIVIC CENTER DRIVE WEST
SANTA ANA. CAUrORNIA
MAILING A07E3 S.
TELEPHONE. 634-2300 P. O. EOX 07•
AREA CODE 714 SANTA ANA. CALIFORNIA 92702
Nov 8 1974
FILL E01.60
Honorable City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Attention: Mayor Alvin Coen
e SUBJECT: Santa Ana River Flood Protection Agency
SYNOPSIS: A joint powers agreement is presented forthe creation of the Santa
Ana River Flood Protection Agency. Dissemination of flood hazard
information, seeking unanimity among the citizens of Orange, San
Bernardino and Riverside Counties onflood protection alternatives,
and promoting federal project authorization are the primary pur-
poses of this agency.
Gentlemen:
For some time many of us throughout the county have been concerned over the
potentional flood threat posed by the Santa Ana River. The Corps of Engineers
has identified the Santa Ana River as the greatest potential disaster area in
the western half of the United States. The coastal plain of Orange County
is the receiving area for the flood waters from a watershed more than 2500
square miles of Southern California including several substantial mountain
ranges.
Orange County has been concerned with corrective measures for many years
and Corps of Engineers studies have been underway since 1962. Studies are
now complete and selection of an alternative must be made prior to the Corps'
recommendations to Congress for its action. As costs for the project are
high, unanimity among the effected counties is essential.
Adding to the need for prompt action is the rapid approach of the deadline date
for flood insurance regulations compliance. Flood insurance officals tell us
that flood preventive measures are the logical course of action for such a large
developed area in the floodplain.
Much thought was given and the Board of Supervisors' decision to form a
joint powers agency was reached only after serious deliberations. Both the
League of Cities and the Intergovernmental Coordinating Council were consid-
ered and, for various reasons, eliminated as the vehicle. We are all aware
that 'anything which is everybody's business, is nobody's business' and without
some organization nothing will be accomplished. Therefore it is our feeling
that a specialpurpose ad hoc organization willprovide the needed focus on this
issue.
Honorable City Council
City of Huntington Beach
Page 2
The Board of Supervisors on November 5, 1974 authorized and invites your
participation with the County of Orange and the Flood Control District in this
effort. Your assistance is needed. With the Corps of Engineers' survey report
nearing readiness for presentation to Congress, we are targeting early 1975
for formation of the agency ready for action in support of the Santa Ana River
Basin Project.
If you desire additional information, Mr. Edward Just is authorized through
this office to assist you.
Respectfully submitted,
J ltoapm��
H. G. Osborne, Chief Engineer
EEJ:dn
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AN AGREEMENT PROVIDING FOR THE ESTABLISH1IMMI'
OF THE SANTA ANA RIVER FLOOD PROTECTION AGENCY
1 This is an Agreement between the County of Orange, the Orange County
2 Flood Control District, and those cities and other public agencies within Orange
R County which subscribe to it. The parties are all public agencies having some E
�') jurisdiction or interest in the mitigation of deficiencies in the flood 'storage capa-
cit of Prado Dam and Reservoir and the concomitant flood hazard to the citizens
5 y
6 1 of Orange County, This Agreement is made pursuant to Title 1, Division 7, Chapter
7 5, of the Government Code of the State of California.
8 RECITALS
o WHEREAS, the United States Arm Corps of Engineers in the studies leading
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10 to a survey report on the Santa Ana River Basin for Orange, Riverside and San
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Bernardino Counties has advised in public meetings of the need for the correction of
12 flood protection deficiencies along the Santa Ana River; and, '
13 WHEREAS, the Corps of Engineers has studied and presented in public sev-
14 eral alternative plans for works of improvement while preparing to present to the
15 United States Congress for project authorization a feasible plan which best repre-
16 sents expressed public interest; and
17 WHEREAS, the parties to this Agreement recognize the necessity and effec-
18 tiveness of presenting a position of unanimity in seeking Congressional authorization
19 for Santa Ana River flood protection project; and
20 WHEREAS, the parties to this Agreement have the authority and power to
21 'contract among themselves in constituting a joint powers agency representing their
22 mutual interests.
23 COVENANTS
24 NOW, THEREFORE, the parties subscribing hereto in consideration of the
25 mutal covenants herein contained, .agree together as follows:
20 SECTION 1. - PURPOSE. The purpose of this agreement is for the joint
27 exercise of the powers for flood protection, conservation and control of storm
28 and flood waters, protection of the health, safety, welfare, and property of the
29 residents residing within the parties' boundaries and the exercise of the common
30 powers of the parties, and particularly to do the following:
31 A. To disseminate information on the flood hazard potential of the Santa
32 Ana River and feasible plans for mitigating the flood threat;
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B. To seek a position of unanimity in the statement of mutual interest of
the citizens of Orange, Riverside and San Bernardino Counties in support of the
most feasible alternative plan for flood protection along the Santa Ana River;
C. To solicit Congressional authorization and appropriations for works of
improvement.
SECTION 2. - CREATION OF AGENCY.
A. There is hereby created a public entity entitled, "The Santa Ana River
Flood Protection Agency", hereinafter called "AGENCY" and said AGENCY pur-
suant to the provisions of government code section 6507, shall be a public agency
separate from the parties hereto. Pursuant to government code section 6508. 1
the debts, liabilities, and obligations of the AGENCY shall not be the debts,
liabilities, and obligations of the parties hereto. '
B. Membership in the AGENCY shall be voluntary and shall include but
not be limited to; the 'County of Orange, the Orange County Flood Control District,
the incorporated cities of Orange County, and any public agency having authority
under the Government Code of the State of California to contract for the joint exer-
cise of powers. The effective date of this agreement shall be the date of execution,
by the Chairman of the Board of Supervisors for the County of Orange and Orange
County Flood Control District following execution of the agreement by three or more
of the incorporated cities of Orange County. Eligible agencies executing this Agree-
ment prior to or within sixty calendar days of the effective date of this Agreement
shall constitute the initial membership. Thereafter, any eligible agency desiring
to gain membership may do so by subscribing to this Agreement pursuant to a duly
adopted resolution of its governing board or council and upon ratification of sub-
scription by a majority of the then members of the AGENCY.
C. The governing body of the AGENCY shall consist of a commission com-
prised of one representative duly appointed by the governing board or council of
each of the parties to this Agreement. Commissioners shall represent, serve and
be subject to removal and replacement at the pleasure of the appointing body.
On the resignation, removal or incapacity of any commissioner, the contracting
party hereto shall within thirty days appoint a replacement commissioner. Each
commissioner shall file with the AGENCY a certified copy of the resolution of
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appointment. The AGENCY shall annually elect one of its commissioners as chair-
man who shall preside at all meetings and shall also appoint a secretary. In the
event a vacancy occurs in the office of'chairman, the AGENCY shall, at its next
meeting, elect a new chairman.
D. A quorum for the transaction of business of the AGENCY shall require
affirmative approval by a majority of the members present at the meeting at which
time .such action is taken. The AGENCY shall adopt from time to time such rules
and regulations consistent herewith for the holding of meetings and the conduct of its
affairs. All meetings shall be open to the public. The AGENCY shall cause its sec-
retary to keep full minutes of all meetings which shall be public documents and
available for inspection at the office of the secretary by any interested person.
SECTION 3. - POWERS. The common powers to be exercised pursuant to
this Agreement are the powers of each party to do any and all of the following:
A. To develop, provide and disseminate public information on the flood
hazard potential of the Santa Ana River, alternative plans for the flood protective
improvementrs and to solicit, communicate and support actions to secure Congres-
sional authorization and appropriations for works of improvement.
B. To make and enter into contracts, to employ a part-time officer for the
exercise of the powers described herein, and to contract with one or more of the
parties to this agreement for the employment of the services and personnel needed
for the exercise of the powers of the AGENCY.
C. To incur debts, liabilities or obligations necessary to carry out the
purposes and powers of the AGENCY.
D. To exercise jointly the common powers of the members necessary or
incidental to carrying out the purposes of the AGENCY.
SECTION 4. - ADMINISTRATIVE PROCEDURES.
A. Within sixty days after the first meeting of the Agency Commission, a
general budget shall be adopted for the balance of the fiscal year (from formation
through June 30, 1975). The initial budget and each succeeding budget shall include
the following:
(1) The anticipated general administrative expenses of the AGENCY;
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and
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(2) The allocation among the contracting parties'of equal amounts
necessary to cover the expenses. Prior to or at each June meeting of the
AGENCY, a general budget shall be adopted. Each of the parties shall de-
posit with the AGENCY its share of the adopted budget prior to the end
of August of each fiscal year. The general budget must be approved by
two-thirds of the commissioners of the AGENCY. Copies of each general
'budget shall be mailed to each of the parties within fifteen days of its adop-
tion.
B. Orange County Flood Control District agrees to deposit an amount
not to exceed $15, 000. for the payment of all administrative costs for the AGENCY
detailed in the initial general budget upon its adoption, including the salary of the
part-time officer, commissioners' and officers' business expenses, office supplies,
and communications costs and incidental accounting in connection therewith for the
initial fiscal year from date thereof through June 30, 1975.
C. Orange County Flood Control District agrees to provide clerical sup-
-port, office space, furniture and utilities in support of AGENCY operations at no
cost to the AGENCY.
D. The AGENCY shall keep proper books of record and accounts in which
complete and correct entries shall be made of all its transactions (including all re-
ceipts and disbursements). Said books shall upon written request be subject to in-
spection by any duly authorized representative of any of the parties. Said books
and accounts shall be audited annually by the Auditor -Controller of the County of
Orange and a copy of the report of said Auditor -Controller shall be available for
inspection at the office of the AGENCY secretary.
E. The treasurer of Orange County shall be the treasurer of the AGENCY,
and all funds of the AGENCY shall be maintained in the county treasury. The duties
of the auditor and treasurer shall be as defined in Section 6505 and 6505.5 of the
Government Code of the State of California.
F. No' commissioner shall receive any compensation from the AGENCY for
his services. Any commissioner may be reimbursed for expenses incurred by such
commissioner in the conduct of business authorized by the commission, except
that commissioners shall not be authorized to travel outside the State of California
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at commission expense. Any party appointing a commissioner of the Agency may
pay such member compensation for his services as may be determined by the
appointing party.
G. All of the privileges and immunities from 1i ability; exemptions from
laws, ordinances and rules; all pension, relief, disability, workmen's compensation,
and other benefits which apply to the activities of officers, agents or employees
of any'of said contracting public agencies when performing their respective functions
within the territorial limits of the respective parties to this agreement, shall apply
to the same degree and extent while engaged in the performance of any of their -fungi'
tions and other duties extraterritorially under this Agreement. None of the officers,
agents or employees mentioned in this section shall be deemed by reason of their
employment by the AGENCY to be employed by any of the contracting parties or by
reason of their employment by the AGENCY to be subject to any of the requirements
of such contracting parties hereto.
H. The notice to the Secretary of State as required by Government Code
Section 6503.5 shall be made by the Chairman of the Commission.
SECTION 5. - In lieu of circulating a single document among the entities
eligible for membership, this Agreement shall be prepared in multiple copies,
each of which may be signed by the County of Orange and one or more eligible
20 parties. The signed agreements shall be filed with the Clerk of the Orange County
21 Board of Supervisors who shall notify the initial membership of the effective date
22 of this Agreement.
23 SECTION 6. This joint powers agreement and the AGENCY shall exist as
24 long as three or more parties are in common agreement to continue the terms of
25 the joint powers agreement. A party to the Agreement may withdraw therefrom
\26 upon giving ninety days written notice to the AGENCY Commission and to the other
27 parties to the Agreement and upon deposit of sufficient funds with the AGENCY to
28 cover the withdrawing party's proportionate of the debts, liabilities, obligations and
29 expenses of the AGENCY as determined by the Commission.
30 It is not contemplated that the AGENCY will acquire real or personal property.
31 Upon termination and dissolution of the A(IENCY any surplus or remaining
32 funds shall be returned to the parties in proportion to the total contributions made
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by each party.
Date:
Date:
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Date:
f Date:'
APPROVED AS TO FORM:
Adrian Kuyper, County Counsel
Orange County, California
By
Deputy
CITY OF ANAHEIM
Mayor
CITY OF COSTA MESA
mayor
CITY OF FOUNTAIN VALLEY
ayor
CITY O HUNTINGTON B
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Mayor
CITY OF NEWPORT BEACH
Mayor
/1!
COUNTY OF ORANGE
By "
Chairman of its Board of Supervisors
ATTEST: W. E. St John, County Clerk and Clerk
of the Board of Supervisors
BY •
Deputy
ORANGE COUNTY FLOOD CONTROL DISTRICT
By
Chairman of its Board of Slu�pervisors
ATTEST: W. E. St John, County Clerk and
ex-officio Clerk of the Board of Supervisors of
the Orange County Flood Control District.
By - --
"epuiy
RECOMMENDED FOR APPROVAL:
Osborne, irec or
Environmental Management Agency
ATTEST:
ATTEST:
City er
i y Clerk
ATTEST:
City Clerk DON P. F3ONFA
Ali or
ATTEST:
ATTEST:
V ,
0ir�ttarney
City Clerk
ATTEST: 6.
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CITY OF ORANGE ATTEST:
Mayor City Clerk
CITY OF SANTA ANA ATTEST:
Mayor City Clerk
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