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HomeMy WebLinkAboutWEST ORANGE COUNTY WATER BOARD (WOCWB) - 2005-10-17 (2)C��ss�v>s �uNriNsro ,..xCity of HuntingtonBeach File #: 18-009 /Pp,0 VEb 7-0 MEETING DATE: 6/4/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of an amendment to the West Orange County Water Board (WOCWB) Joint Powers Agreement to make the WOCWB Fiscal Year July 1 through June 30 Statement of Issue: Submitted for City Council approval is an amendment to the West Orange County Water Board (WOCWB) Joint Powers Agreement (JPA) to make the WOCWB Fiscal Year July 1 through June 30. Financial Impact: Not Applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment to the West Orange County Water Board Joint Powers Agreement" to change the Fiscal Year to July 1 through June 30. Alternative Action(s): Do not approve the amendment to the WOCWB Joint Powers Agreement to change the Fiscal Year to July 1 through June 30 and direct staff accordingly. Analysis: In 2017, the City Council adopted a change in the City's Fiscal Year to a July 1 through June 30 Fiscal Year. Staff is recommending that the WOCWB move their Fiscal Year from an October 1 to September 30 Fiscal Year to a July 1 through June 30 Fiscal Year as well. As the financial agent for the WOCWB, having the same Fiscal Year is recommended for staff to conduct the annual audit, load the annual budget, and perform many other fiduciary responsibilities. The WOCWB last changed the Fiscal Year in 1994. This was done by amending the JPA. WOCWB's legal counsel prepared the amendment to the JPA and it has been reviewed by the City Attorney. Each WOCWB member agency (Garden Grove, Huntington Beach, Seal Beach and Westminster) needs to approve the amendment. City of Huntington Beach Page 1 of 2 Printed on 5/31/2018 p,,;,we( d Oy Lep3 tar7l File #: 18-009 Environmental Status: Not Applicable Strategic Plan Goal: Non -Applicable - Administrative Item Attachment(s): 1. Amendment to the WOCWB Joint Powers Agreement. MEETING DATE: 6/4/2018 City of Huntington Beach Page 2 of 2 Printed on 5/31/2018 pcvve red Gy Legisuir " or other laws of the State of California. A quorum for the transaction of business of the West Orange County Water Board shall require the presence of a majority of its members. Any action of the Board shall require an affirmative vote by a majority of the members present at the meeting. All meetings of the Board shall be open to the public and the Board shall cause its Secretary to keep true and accurate minutes of all meetings which are public documents and shall be available for inspection at the office of the Secretary, by any interested person or concern. In accomplishing the purposes herein specified and exercising the powers granted to the West Orange County Water Board hereunder, the Board shall act in accordance with such requirements as specified by law for a general law city of the State of California. The Board shall establish such accounts and bookkeeping procedures as are necessary to carry out the purpose of this agreement. All funds shall be strictly accounted for and all receipts and disbursements shall be duly recorded. The financial records and transactions shall be audited by an independent Certified Public Accountant at least once each year. The audit, provided for herein, shall be completed and available to the parties hereto at the earliest possible date, following the end of the particular fiscal year and in no event shall the audit be completed and made available to the parties later than nine months following the end of the fiscal year in question. The fiscal year of the Board shall be from July 1 through June 30." IN WITNESS WHEREOF, the Parties hereto have causedd this instrument to be executed the day and year first hereinabove written. (Remainder of page intentionally left blank) -2- AMENDMENT TO THE WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this 4th day of June , 2018, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH, and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as the "Contracting Public Agencies" or the "Parties," all of which are municipal corporations formed under and existing pursuant to the laws of the State of California. WITNESSETH WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement, executed on October 25, 1967, entitled "West Orange County Water Board Joint Powers Agreement") ("JPA"); and WHEREAS, the SPA provided for the manner in which the West Orange County Water Board ("Water Board"), of which each of the Contracting Public Agencies is a member, exercises its powers; and WHEREAS, on July 15, 1994, the Parties amended the JPA to specifically designate the period of the Water Board's fiscal year to be from October 1" through September 30`f' ("1994 Amendment"); and WHEREAS, Section 8 of the JPA provides that the terms and provisions of the JPA may be altered or amended from time to time with the unanimous consent of the governing body of each Contracting Public Agency; and WHEREAS, the Parties hereto desire to revise and amend Section 4 of the JPA and the 1994 Amendment in order to specifically designate the period of the Water Board's fiscal year. NOW, THEREFORE, the Parties hereby do agree as follows: Section 1. The foregoing recitals are true and correct. Section 2. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid JPA, pursuant to Section 8 thereof, by the unanimous consent of the governing body of each of the Parties. Section 3. Section 4 of the JPA is hereby amended to read as follows: "Section 4. The Board shall designated a location for the office of the West Orange County Water Board and designate a date, time and place for the regular meeting of the Board. The Board shall also establish a means for giving notice to each party to this agreement of any special meeting of the Board except to the extent that said notice may be waived by the provisions of the Government Code -1- Approved as to form: Atkinson, Andelson, Loya, Ruud & Romo, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: City Clerk, City of Westminster City of Garden Grove By4 Mayor City of Huntington Beach By Mayor City of Seal Beach By Mayor City of Westminster By Mayor 000852.00000 SIGNATURE PAGE TO AMENDMENT TO THE WEST ORANGE COUNTY WATER BOARD JOINT POWERS AUTHORITY 19669439.4 Approved as to form: Atkinson, Andelson, Loya, Ruud & Romo, general counsel to West Orange //County Water Board: COUNTERPART Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: 9 �o- City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: City Clerk, City of Westminster City of Garden Grove Mayor 1/ APPROVED AS TO FORM Mayor B MI HAEL E. G4TES CITY ATTORNEY CITY OF HUNTINGTON BEACH City of Seal Beach By Mayor City of Westminster By Mayor 000852.00000 SIGNATURE PAGE TO AMENDMENT TO THE WEST ORANGE COUNTY WATER BOARD JOINT POWERS AUTHORITY 19669439.4 Approved as to form: Atkinson, Andelson, Loya, Ruud & Romo, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTES City Clerk, City of Seal Beach ATTEST: COUNTERPART City of Garden Grove By Mayor City of Huntington Beach By Mayor City of Seal Beach B-- Mayor City of Westminster By City Clerk, Mayor City of Westminster 000852.00000 SIGNATURE PAGE TO AMENDMENT TO THE WEST ORANGE COUNTY WATER BOARD JOINT POWERS AUTHORITY 19669439.4 Approved as to form: Atkinson, Andelson, Loya, Ruud & Romo, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTE T: City Clerk, City of Westminster COUNTERPART City of Garden Grove By Mayor City of Huntington Beach By Mayor City of Seal Beach By Mayor City of Westminster By Mayor 000852.00000 SIGNATURE PAGE TO AMENDMENT TO THE WEST ORANGE COUNTY WATER BOARD JOINT POWERS AUTHORITY 19669439.4 CITY OF GARDEN GROVE OFFICE OF THE CITY CLERK Safeguard all official records of the City. Conduct municipal elections and oversee legislative administration Provide reliable, accurate, and timely information to the City Council, staff, and the general public. June 19, 2018 West Orange County Water Board 2000 Main Street Huntington Beach, CA 92648 Attention: General Manager Steven R. ]ones Mayor Kris Beard Mayor Pro Tern - District 1 Sohn R. O'Neill Council Member - District 2 Thu -Ha Nguyen Council Member - District 3 Patrick Phat Bui Council Member - District 4 Stephanie Klopfenstein Council Member - District 5 Kim Bernice Nguyen Council Member - District 6 Enclosed is a copy of the Amendment to the West Orange County Water Board Joint Powers Agreement, between the City of Garden Grove, the City of Huntington Beach, the City of Seal Beach, and the City of Westminster, to specifically designate the period of the Water Board's fiscal year from July 1 through June 30. The Garden Grove City Council approved the Amendment at their meeting held on June 12, 2018 and the Amendment has been signed by the Mayor. For convenience and expediency, a self-addressed envelope has been included, as our office respectfully requests that a copy of agreement be returned to the City Clerk's Office once it is approved and fully executed by the West Orange County Water Board. Sincerely, Teresa Pomeroy, CMC City Clerk By: 5LIiV�Iaqez Deputy City Clerk Enclosure c: Finance Department Finance Department/Purchasing Public Works Department 11222 Acacia Parkway • P.O.Box 3070 • Garden Grove, CA 92842 www.ci.garden-grove.ca.us City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 23, 2018 Office of the City Clerk ATTN: Liz Vasquez, Deputy City Clerk 11222 Acacia Parkway P.O. Box 3070 Garden Grove, CA 92842 Dear Ms. Vasquez: Enclosed is a copy of the fully executed "Amendment to the West Orange County Water Board Joint Powers Agreement." Sincerely, Robin Estanislau, CMC City Clerk RE:pe Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 23, 2018 City Of Seal Beach Office of the City Clerk ATTN: Robin Roberts, City Clerk 211 Eighth Street Seal Beach, CA 90740 Dear Ms. Roberts: Enclosed is a copy of the fully executed "Amendment to the West Orange County Water Board Joint Powers Agreement." Sincerely, M � 04 = 0111 Robin Estanislau, CIVIC City Clerk RE:ds Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 23, 2018 Westminster Civic Center Office of the City Clerk ATTN: Christine Cordon, City Clerk 8200 Westminster Blvd. Westminster, CA 92683 Dear Ms. Cordon: Enclosed is a copy of the fully executed "Amendment to the West Orange County Water Board Joint Powers Agreement." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand N lJ d-s l M, �1P � C. Council/Agency Meeting Held: 0 or Deferred/Continued to: Approved ❑ Conditionally Approved O Deniec Cit leg s Sig ure Council Meeting Date: 10/17/2005 Departme ID Number: 05-068 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAY,PR AND CITY COUN i MEMBERS SUBMITTED BY: PENELOPE CU RERAFT�� Cl� M! STRATOR PREPARED BY: OBERT F. BEARDSLEY, PE, DIRECTOR UBLIC WORK SUBJECT: Approve Amendment to West Orange County Water Board Joint Powers Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City is a member of the West Orange County Water Board and 56.1 percent owner of the Board's facilities. Twc City Council members are appointed to the Board to represent the City. The Board was created by a Joint Powers Agreement in 1967. The Joint Powers Agreement allows for $50 per meeting compensation to Board members. The amendment increases this amount to $100 per meeting. Funding Source: The Board's expenses are funded by each of the member cities (Huntington Beach, Seal Beach, Garden Grove and Westminster) based on percentage of ownership. The City of Huntington Beach's portion of Board operations is funded by the Water Fund. Recommended Action: Approve the amendment to the Joint Powers Agreement and authorize the Mayor and City Clerk to execute the amendment. Alternative Action(s): Do not approve the amendment. z �- © c- - zrs—i —'� C-M mac; ; _ e'' v o W co REQUEST FOR ACTION MEETING DATE: 1011712005 DEPARTMENT ID NUMBER:05-068 Analysis: The West Orange County Water Board (WOCWB) is a Joint Powers Agreement (JPA) between the Cities of Garden Grove, Seal Beach, Westminster and Huntington Beach, for the purpose of purchasing water from the Municipal Water District of Orange County, and transporting it via Feeders No. 1 and No. 2, owned by the Joint Powers cities. Huntington Beach owns 56.1 percent of this system. The Board is comprised of representatives from each of the Joint Powers cities. Mayor Jill Hardy and Mayor Pro Tem Dave Sullivan represent the City of Huntington Beach on the Board, which meets on a quarterly basis. Huntington Beach Public Works Utilities Division performs all operations and maintenance activities for the Board and acts as General Manager, Engineer, Secretary and Fiscal Agent for the Board. The JPA was executed in 1967 and allowed for Board Members to be compensated S50 per meeting not to exceed $150 per month. The agreement has remained unchanged in this respect since that time. In fact, there has been only one previous amendment to the JPA when Huntington Beach purchased a portion of Garden Grove's capacity rights in 1995. Considering that nearly forty years have passed since the Board's inception, the Board elected at their July 20, 2005 meeting to pursue an amendment to the JPA revising the per meeting figure to $100 and per -month limit to S300. The amendment must be approved by each of the member cities. Attached for reference is a board compensation survey for several Orange County water agencies. Environmental Status: Not applicable. Attachments): 1. tAmendment to West Orange County Water Board Joint Powers Agreement 2. t 1967 Joint Powers Agreement 3. MWDOC Director Compensation Survev 2002 GAR C Ai2005105-068 Oct 17 Dills (WOCWB JPA amendment).doc -2- 10/312005 3:34 PM ATTACHMENT #1 AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AMENDMENT TO JOINT POWERS AGREEMENT ("Amendment") is entered into this 17tday of Ontnber , 2005, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; WITNESSETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, I967, known as the "West Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the Joint Powers Agreement, providing for certain compensation rates and reimbursement of certain expenses. NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals arc true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract «zth each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section & thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Po,.ti'ers Agreement is hereby amended to read as follows: ,,SECTION 6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which amount shall not be in excess of $100 per meeting of the Board and not in excess of $300 per month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors betvi-een their place of residence and the location of the Board meeting. The Board may provide for the payment of the expenses of a Director or the Secretary if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the Mest Orange County Mater Board and ivhich relates to the accomplishment of the purposes herein provided for. The Secretary of the West Orange County {Pater Board and Assistant Secretary, if there be one, shall be compensated for their services on the basis of $100 per month and $50 per month, respectively, unless the Board shall othenvise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might othenvise be entitled to receive by reason of some other office or position which they may hold." Except as expressly provided for herein, the Joint Powers Agreement is not othen%ise amended. This Amendment shall be effective upon approval and execution by each of the Parties. AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT CITY OF HUNTINGTON BEACH SIGNATURE PAGE IN WITNESS WIIEREOF, the City of Huntington Beach has caused this agreement to be executed by its authorized officers on the date first above %witten. y . REVIEWED AND APPROVED: ity Ad ' inistrator APPROVED AS TO FORM: attorney Y 1 CA INITIATED AND APPROVED: Directo f Public Works IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first hereinabove written. Approved as to form: Bowie, Arneson, Wiles & Giannone, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: Clerk, of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: City Clerk, City of Westminster City of Garden Grove By Mayor City of Huntington Beach BC-4y ayor City of Seal Beach By Mayor City of Westminster By Mayor RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Amendment to West Orange County Water Board Joint Powers Agreement COUNCIL MEETING DATE: October 17, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ Si reed in fuft 6 the Cif Attorney) Subleases, Third Party Agreements, etc. Ached Li No Applicable ❑ (Approved as to form by City Affome Certificates of Insurance (Approved by the City Attomey) Attached Not Applicable Li ❑ Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Re ort If applicable P ( PP ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Pp Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) ------ EXPLANATIOWFOFQ-ETQR-N-6F- RCA Author. Ken Dills, ext. (375) 5055 EXCERPT FROM THE MINUTES GARDEN GROVE CITY COUNCIL MEETING OF OCTOBER 11, 2005 A regular meeting of the Garden Grove City Council was called to order in the Council Chamber of the Community Meeting Center, 11300 Stanford Avenue, on Tuesday, October 11, 2005, at 7:09 p.m. ROLL CALL: PRESENT: (5) MAYOR DALTON, COUNCIL MEMBERS KREBS, LEYES, NGUYEN, ROSEN ABSENT: (0) NONE WEST ORANGE COUNTY WATER BOARD INCREASE FOR BOARD MEMBERS COMPENSATION (F: 112.9) Staff report dated October 11, 2005, was introduced. Council Member Leyes noted that it is his belief that this is a superfluous layer of government and he does not support a fifty percent increase. Council Member Rosen moved, seconded by Council Member Krebs, that the Board Members' compensation from the current $50 per meeting, not to exceed $150 per month, to $100 per meeting, not to exceed $300 per month, be and hereby is approved. Upon the following vote: AYES: COUNCIL MEMBERS: (4) KREBS, NOES: COUNCIL MEMBERS: (1) LEYES ABSENT: COUNCIL MEMBERS: (0) NONE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF GARDEN GROVE ) NGUYEN, ROSEN, DALTON I, RUTH E. SMITH, City Clerk of the City of Garden Grove, California, do hereby certify that the foregoing is a true, full, and correct copy of the Minute Entry on record in this office, said minutes being subject to City Council approval as of the date written below. IN WITNESS WHEREOF, I hereunto October 2005. set my hand and seal this 18th day of RUT E. SMITH . CITY CLERK AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AMENDMENT TO JOINT POWERS AGREEMENT ("Amendment") is entered into this day of , 2005, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the lags of the State of California; WITNESSETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the *West Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the: Parties; and r WHEREAS, the Parties hereto desire to amend Section 6 of the Joint Powers Agreement, providing for certain compensation rates and reimbursement of certain expenses. NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS: t Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract %%ith each other for the joint exercise of common powers under Article I, Chapter S, Division 7, Title I of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous cons:nt of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Powers Agreement is hereby amended to read as follows: "SECTION 6 Directors shall be compensated for attending meetings of the Board of Directors In an amount fixed by the Board, which amount shall not be in excess of $100 per meeting of the Board and not In excess of $300 per month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the Board meeting. The Board may provide for the payment of the expenses of a Director or the Secretary if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the [Vest Orange County Mater Board and which relates to the accomplishment of the purposes herein provided for. The Secretary of the West Orange County Nater Board and Assistant Secretary, if there be one, shall be compensated for their services on the basis of $100 per month and $SO per month, respectively, unless the Board shall otherwise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason ofso►ne other office or position which they may hold." Except as expressly provided for herein, the Joint Powers Agreement is not otherwise amended. This Amendment shall be effective upon approval and execution by each of the Parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to -be executed the day and year first hereinabove written. Approved as to form: Bowie, Arneson, Wiles & Giannone, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: City Clerk, City of Westminster City of Garden Grove ���- . Mayor City of Huntington Beach By Mayor City of Seal Beach By Mayor City of Westminster By Mayor September 15, 2005 West Orange County Water Board Howard Johnson, Utilities Operations Manager 2000 Main Street P.O. Box 190 Huntington Beach, CA 92643 DEPT OF PUBLIC WORKS SEP 19 2005 HUNTINGTON BEACH, CA Re: Amendment to West Orange County Water Board Joint Powers Agreement Dear Howard: Attached is the Seal Beach City Council minute excerpt approving the Amendment to Joint Powers Agreement between City of Seal Beach and West Orange County Water Board (WOCWB) If you have any questions, please contact me at (562) 431-2527 ext. 318. Sincerely, Mark Vukojevic, P.E. Director of Public Works/City Engineer c: West Orange County Water Board File Chron Attachment: Minute Excerpt Resolution Amendment Seal Beach, California September 12, 2005 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CAI I Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost CQNSENT CALENDAR - ITEM "C" thru "L" Larson moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except item "J" removed for separate consideration. H. Adopted Resolution Number 5374 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN CITY OF SEAL BEACH AND WEST ORANGE COUNTY WATER BOARD TO INCREASE BOARD MEMBER COMPENSATION." By unanimous consent, full reading of Resolution Number 5374 was waived. AYES: Antos, Larson, Levitt, Ybaben, Yost NOES: None Motion carried STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order on file in the Office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the 12th day of September, 2005. DATED this 13th day of September, 2005 Linda Devine, City Clerk City of Seal Beach RESOLUTION NUMBER 5 374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AMENDMENT TO ,JOINT POWERS AGREEMENT BETWEEN CITY OF SEAL BEACH AND WEST ORANGE COUNTY WATER BOARD TO INCREASE. BOARD MEMBER COMPENSATION The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves the Amendment to Joint Powers Agreement between the City of Seal Beach and West.Orange County Water Board. SECTION 2. The Council hereby directs the Mayor to execute the Amendment to Joint Powers Agreement. PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach this 1024" day of L:� 1 „�iYit 2005 by the following vote: AYES: Council Members 046&9 NOES: Council Members ABSENT: Council Members ll� &" a��' Mayor ATTEST: n City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5,�.3 ?t/ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach.at a meeting, thereof held on the 1a ' .day of , 2005— _ City Clerk &#-M• Sem" City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, California 92648 (714) 5365503 FAX (714) 847-1067 August 10, 2005 Mr. Mark Vukojevic City of Seal Beach 211 8ch Street Seel Beat.:, CA 9Q'-r0 Dear Mr. Vukojevic, y4lcxaKdoe V"*, .4d &awd 4920 Campus Drive, Suite A Newport Beach, California 92660 At the July 20, 2005, meeting of the West Orange County Board, the Board elected to pursue an amendment to the Joint Powers Agreement (JPA) between the four member cities. Specifically, the amendment increases the Board Member compensation from the current $50/meeting not to exceed $150/month to $100/meeting not to exceed $300/month. A copy of the proposed amendment is enclosed. The existing Board compensation amounts have been in place since the Board's inception in the 1960s. As noted at the meeting, each of the member cities must have the amendment to the JPA approved by their respective City Councils. Could you please arrange to present the amendment to your City Council for approval? Once the amendment is approved, we request that you for -warms us a ec r-tified copy of the Council action. Thank you in advance for your efforts X�� Howard D.'Johnson Utilities Operations Manager HJ/KD/sr Enclosure: WOCWB Statement Cc: Arnold Ross, Senior Accountant Kenneth J. Dills, Senior Administrative Analyst AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AMENDMENT TO JOINT POWERS AGREEMENT ("Amendment") is entered into this day of , 2005, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; WITNESSETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the Joint Powers Agreement, providing for certain compensation rates and reimbursement of certain expenses. NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract with t each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Powers Agreement is hereby amended to read as follows: "SECTION 6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which amount shall not be in excess of $100 per meeting of the Board and not in excess of $300 per month. .Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the Board meeting. The Board may provide for the payment of the expenses ora Director or the Secretary if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the West Orange County Nater Board and which relates to the accomplishment of the purposes herein provided far. The Secretary of the West Orange County Mater Board and Assistant Secretary, if there be one, shall be compensated for their services on the basis of $100 per month and $SO per month, respectively, unless the Board shall otherwise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." Except as expressly provided for herein, the Joint Powers Agreement is not otherwise amended. This Amendment shall be effective upon approval and execution by each of the Parties. r . C IN «'ITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first hereinabove ,�►ritten. Approved as to form: Bowie, Arneson, Wiles R Giannone, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: City of Garden Grove By Mayor City of Huntington Beach By. Mayor City of Seal Beach By &4:�z e�o Mayor City of Westminster Lo City Clerk, Mayor City of Westminster Tittl of Njestmi"noter CIVIC CENTER 8200 WESTMINSTER BOULEVARD WESTMINSTER, CALIFORNIA 92663 (714 ) 898-3311 September 20, 2005 Mr. Howard D. Johnson Utilities Operations Manager West Orange County Water Board c/o City of Huntington Beach 2000 Main Street, PO Box 190 Huntington Beach, CA 92648 MARGIE L RICE MAYOR RUSSELL C. PARIS MAYOR PRO TEM FRANK G. FRY COUNCIL MEMBER KERMIT D. MARSH COUNCIL MEMBER ANDY OUACH COUNCIL MEMBER VANGIE SCHOCK CITY MANAGER SUBJECT: Amendment to West Orange County Water Board Joint Powers Agreement Dear Mr. Johnson: Per your letter dated August 10, 2005, enclosed is an executed amendment to the Joint Powers Agreement, which was approved by our Mayor and City Council on September 14, 2005. Also enclosed is an excerpt of the minutes concerning this matter. Please provide me with a copy of one fully executed amendment, once completed. If you have any questions or need additional information, please contact Scott Miller, Water Superintendent, at 714l895-2876, extension 6205. Sincerely, PUBLIC WO KS DEPARTMENT Inla Price Public Works Specialist Vaplenclosures Cc: S. Miller ■. . - Cat of 18totmMottr CIVIC CENTER MARGIE L. RICE 8200 WESTMINSTER BOULEVARD MAYOR WESTMINSTER, CALIFORNIA 92683 (714) 898-3311 RUSSELL C. PARIS MAYOR PRO TEM FRANK G. FRY COUNCIL MEMBER KERMIT D. MARSH COUNCIL MEMBER EXCERPT FROM MINUTES OF ANDY QUACH COUNCIL MEMBER THE WESTMINSTER CITY COUNCIL/REDEVELOPMENT AGENCY VANGIE SCHOCK CITY MANAGER An Excerpt of the Regular Meeting of the City Council/Redevelopment Agency of the City of Westminster, held on Wednesday, September 14, 2005 at 7:00 p.m., in the Council Chambers, Westminster Civic Center, 8200 Westminster Boulevard, Westminster, California. 1. CONSENT CALENDAR 1.9 Amendment to the Joint Powers Agreement (JPA) for the West Orange County Water Board (502-23) ACTION: The Mayor and City Council approved the amendment to the West Orange County Water Board JPA, and authorized the Mayor to execute the amendment on behalf of the City. Motion was made by Mayor Pro Tem/Agency Vice Chair Paris, and seconded by Council/Agency Member Fry, to approve the Consent Calendar, with the exception of Item Nos. 1.8, 1.12 and 1.13 which were removed for separate consideration. The motion was carried by a 4-0-1 vote, with Council/Agency Member Quach absent. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF WESTMINSTER ) I, MARIAN CONTRERAS, City Clerk and Clerk of the City Council of the City of Westminster, California, do hereby certify the foregoing to be a full, true, and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of September, 2005. Marian reras, OMC City Clerk AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AMENDMENT TO JOINT POWERS AGREEMENT ("Amendment") is entered into this day of , 2005, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; WITNESSETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" ("Joint Powers Agreement"); and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the Joint Powers Agreement, providing for certain compensation rates and reimbursement of certain expenses. NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 3. Amendment. Section 6 of the Joint Powers Agreement is hereby amended to read as follo«-s: "SECTIOV 6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which amount shall not be in excess of $100 per meeting of the Board and not in excess of $300 per month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the Board meeting. The Board may provide for the payment of the expenses of a Director or the Secretary if such are directed by the Board to attend any meeting or other activity which it is determined by the Board to be in the best interest of the West Orange County Mater Board and which relates to the accomplishment of the purposes herein provided for. The Secretary of the West Orange County Water Board and Assistant Secretary, if there be one, shall be compensated for their services on the basis of $100 per month and S50 per month, respectively, unless the Board shall othenvise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might othenvise be entitled to receive by reason of some other o§'ce or position which they may hold." Except as expressly provided for herein, the Joint Powers Agreement is not otherwise amended. This Amendment shall be effective upon approval and execution by each of the Parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first hereinabove written. Approved as to form: Bowie, Arneson, Wiles & Giannone, general counsel to West Orange County Water Board: Robert E. Anslow, Partner ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach ATTEST: Maria ontr as :raty Clerk, City of Westminster City of Garden Grove By Mayor City of Huntington Beach By Mayor City of Seal Beach By Mayor City of Westminster B �- � y MARGWE L. RICE Mayor Appr vec7�a to Form: -�(f r Richard Jones, C'ty w Attorney ATTACHMENT #2 r "• 1 b f 7 f • • 8 g .10 • :: s12 tA - '•f'13 :t . '•'14 � ;Y5 ••�� 18 �`�•�19 40 •• 3� `:. ice'•.,.. •r / .' : • .:' .; ... - .. ! WEST.QRANG$'COMTY:WATFR BOARD. JOINT POWERS'-AG$EEMU MUS AGREE KENT, made this 2 TN day of , �.sP , 1967, by and'betweed the CITY OF'CADEN"'CROVE,',hereknafter. in some in- stances referred to as "Carden Crove", the CITY OF HUNTING'TON MCH; hereinafter in some instances referred to;:as. `:•E(;cntington Beach", .the CITY OF SEAL BPACft,-hereinafter in soma -instances referred to as "Seal Beach", and the CITY OF WESTHINSTER,'hereinafter in some•in stances referred to as "Westminster' hereinafter in some instances referred to, as "the.,contractitig public agencies"; all Hof -whom are general law cities formed under and existing.pursuant to .the general laws of the State of California except Seal Beach and liuntington'Beach, which exist as charter cities under the laws of .the Sta_te.of California; "'wIT•N•ESS'ETEt t•1 V1FFAS'; the parties hereto are one of the brigit}sl parties, a succ¢ssor to one of the original parties, or, an additional party td-.tNe•:exihting�'Joint posters Agreiment.and'amendmt;nts thereto .undee"W'Sich th©-West Oranga County water Board Was• heretofore r _treated;:and �•ti ' WHEREAS" it ie:'the' die ire -of e_ach,oE-..the contracting public- -' .:•..r � , j •r•;,.�.: ' • . egenaies';to ;C7aify, the .term4;bnd'pxoviaions of that agreement, as 16 •w :,- V. 4K1+ , ch-gf.th_ex`eQntraeti;rgt;pubY c• agencies- has; hereto- fora'.4eieigined and does- at . this Lime 'detgrmina that facilities 'to r e 30VjAyathe•,cdntrictin9rpuhli&igencies witfi. a supply cf iaater'may be liQd e,:e'conomically.,andfefficiently operated by the•gntity erea�ed' ..M.:� • :•: •, •• . • • •: hrid-kiiowntasthe•West'Qrange•County Water Board, and - . .:... , WHEREAS, the -contracting parties are authorized by law to ' •ac with -ea h .joint exercise f contr .G , c other for tie j is o common powers �under =Article•I; Chapter:5;.-Division 7, Title I of the Government -Code of the State of:California. and M 71 8 91 10 11 i2 13 24 15 3.61 3.71 24 25 28 27 .28 29 WHEREAS, each'Vf:the'eontracting public agencies is authorize by lai+ to acquire, construct, operate and maintain facilities for, the purpose of obtaining; tranamittiu&# storing, and distributing s 'supply of water;' ./ NOW, TtO:REF&Of thecontracting public agencces for' and in • � - . . •• • 5 consideration of the mutual covenants herein contained do agree and exercise,the foregoing eo=op power as follows: • .' �FCfI N l ' k iL a A 11 This agreement'is made under the provisions•of Article Z, Chapter S, Division 7, Title-1-of the Government Code of the State of California and is for the-j-urpose of constructing, operating and 'maintaining facilities for obtaining,• transmitting, storing, and distributing water to the, parties to this agreement. �l 2 rThe parties hereto.have'created and do hereby create a sep- arate public entity known and -designated as the West Orange County dater Board. Said entity was,created for the specific purpose of constructing, repairing, maintaining, operating and administering a •:juint, pipeline or 'pipelines and .other facilities for obtaining, tkarismitting, storing and distributing water to the,parties heret6, �it.ds.opecificaily-egieed_ttiii the•}lest Orange County Water Board . iaay'take, acquire, purc!►ase J, lease,';; hold' -and 'cnm real and personaZ'. - . i\i•L .. � .. � • �.. as .::� •..:. ••,f, •'. gropetjr,Xr'anyaruler and:o.�eyei class or description. contract with. public agencies,' rivate:Orsgns and.corporations; exercise the•'rlght'of`:tminentdomain either'by itself -or in conjunction with* any one ur.more of the contra-tiiig public. agencies; sue separately or in conjunction with'any one or. more of the contracting public ~ agencies; adopt rules and iigulations for the works and facilities operated, maintained or controlled by it; employ or contract for 30 services,,and labor by individuals, as Well as public and private• 31 corporations.: and to. do -all- things necessaxy or convenient for the 3a proper performance of this agreement and the purposes herein.epee- 33 ified. i• T -2- -rx'!►i}iJ r'^�1•.I .�• y2,;; Cr • , i':.1 `�•:ti''e• r, •;'� �96 j; • .rtitl � (7.►Sh.: ,H: yrw. •�'�• .. ;r .;..'tie jY '! i'. ; •'• �•• i•''y +� • •' T ss r • . � 1, 'e v •� -+. i ? Jl.�'.�+i :[. .•,icy � .. ��•+•� �. ! •f i':'. i:} • '•1:, .] . 1 : r �• � ,'•,�R.,'. � Y .• . � • , y•e•., a •'r� F � •ti.d�i: •�,i! ...t �!'fA.'!' frlt�S.F. �' tr •" 3. 2 '-The 'Basrd of Directors 'pf,thf West Orange County Water :3-.Board shall consist'of'five mepibcrA.., Cairden,Crove,•Seal• Beach .and Westminster shall each sppoint,i person to,'serve'as- a member 5 of the • Board and`1tuntingtoct. Brach shall' ap-poitir, two Persons . to �. . 6 serve aa"members of 'the,Board: Each -' member shall• file with tha 7 West Orange .County,Water Board -a, certified copy` of the:-resoluciop 8 or'actic6-ol the •conttacting .public agency vhiFh' appointed; Chem. ti ., 9 ; Persons..appointed to, be a- amber of the Board of Directors need 10 not be.;"member of the City Council or governing body of .the i 11 •contracting public agency which appointed them. In the --event , 12 that additional entities or'concerns party to this',agrQe- ' become a , 13 ment, e's'herni'npfterprovided,.:thecr the*- membership of, this Board 14 ,@hall': beincreased by' one':;Wm)ierr.for each -additional party to- the 15 agree4-.ygless, all',pt.thd partieoI shall agree otherwise, ` '17 The Bogro,ahal govern the'affairs•of the West Orange zi 18 County Water Board and cshall' a uivaZ}y designate one'of its members:' r` 19 1 to serve. ns,Ch$#tsan''of,the Pd&'U. .He shall preside at all m`etings 201 In his absence,: tha .remaining -members. of, the, Board, shall appoint Ac• 21 1, member' to act .as ChairmAt%- pro°'tern;• The Board shall. appoints $ec 22 retary .Vho may-agpoi.At�' �•q.aasiatapt� eeczetary. for, the purpose of, 's 23 conducting and Xacbrdliij 'thaeaffaiis' of the, Nest Orange County', Water r 24 Board. The.Bostd•.,�m4y.rempipp`.addiCianaY personnel' to conduct the • -.:�.,y!, tiro f y•}.: 25 financial= acid :adminiarrat' ae:dffsirs• of:ttie West -Orange., County Watei 26 Boardsor. taay.cQntiract'`uf,th'ocie•off•the;parties or a¢y,public or'.. •. fu 27 privste`cohcatyCo'provide:iuch'tt�anCial'•and•administrative service •�• 4as theBoard.may,flecm-necessary.from time to time. r• 'f zo L 32 I The. Board; 8hall� gn desiate a' location for the office of the }'••-'�f'�".<. ,-,, it 1..� .,,�' .... ,,.. �.:•:•,• "'.�� ••..r.:-. ;;,. : .t..; �•-. : .. .,y, • •r.%.yi•a.••.'1'�. •I1t•••rH'•trr�-+y.a•• ,• .. ly��f ',:%•' .': .:� `� I r��,t t,i a�• i :. -ty •' •��. � •� t-= :a •r r ,. a- . • �• f •f. r �.: .•'�1I 1Taet'Orange •Courity.Water•Board'and:•designite a0gto-%time and •2 place •for' the regular. meeting�ofythe Board. Tha Board shall also 3 ,ostablish a means forgiving notice; to.'each, patty to this agree- .... ••,ti'• .4 ,•,' fJ • •' 4 'ment of any special meeting of.theBoard'except to the extent ; 6 that said'notice may be Waived by the ptavisiona'of.the Coverpxent. 6 1 Code or:other laws of the'State of California.. A juorum for the ' 7 transaction off business of'the West-0range'6uhty,Wate; Board 8 -shall require the'presenee'af a majority of its members. Any 9 'action •of -the Board shall. require an. affirmative vote by a 10 majority of -the members present 'at the meeting. All meetings of 11 the Boardshall'be ope4-tb!the-public and the Poard shall cause ' •12 its secretary to keep true and accurate minutes of all meetings , 13 which are public',doc4Rti e,I�d ahal 'be available for inspection ' 14 at the office of the Secretary, by any interested person or- 15 concern. 3 'fib ..~ �'in accomplishing the -purposes herein specified and exercising -19 • Chet powers granted to the •Went. Orange .County Water Board hereunder, • i • 18 the -Board shill actin accordance With such 'requirements as are 49` •fig •1epOlied-by law for'& general-law,.eity of •the-St-ite of California.' .. •' 24 ',- F THe Boar shall estai;liah sych sccountat and bookkeeping proms ' tl'21 padures as are pacessarp ;a-carry;:ovt the purpose of this agree- '. ., merit: •.Air. �dtr1etly:a'ccpunted •for _�- .. • unas- ahaii ba and all receipts, . j2 m. 'aind:.d1pburaemeata !ihall yy,,e-dudy recpxded. The financial records` {.' • ,*/ t i .}'�•t• f •'Z ''y'• ••� • • 1^�: :i.i-„ti, �,yi•. •�ti• !t • •:' } a ••.` \.;:.'•�•'-24 $pd?GramsactXo s� hall;beraudi'ted.by:an,independent.CertifLed •� �• rf.j�2B pesb�,�t;/l'ccauntant �at.`�eaat'once:.aach.year.. Thd audit,, provided " -available :or�ereia, shall be'coapleted and to, thq! parties 'bgr$toA.at tbe-6ailfest passible• date;,follouing the `end of the'T. ', f { •,'' • j•. ;:$ ?partic4elair -fiscal year and .in no' event shall the audit becompleted,' '- •` •.' andiaadalavailablo tp the•parties•later than six; months- following �•29 - +the .of ' `(;4 etid ,the. fiecelryea= in question. { 32 The expenses of the West Orange County Water Board shall be . f.; ' • J •� 'fi��. �.irl.• ;.i+1.. .:r•Y: �' •��irrrlt: •' �at �.. •.f f ii i•. " .1• • , � . ••' ' tL� �,•y. , 7r•i-Irk s �ya.�'.�. s \ •1 'y .. • y•l,t�: +s••••.••..ty ... •••�', ��# wK a. ,s fa{._s\:.i\�, ys.4 y \+ t, �. •'• �� t ••,. f • •': s '�� 46 1 .borne by the 'parties'horeto on the='folloifing basis: 2 a)' Each entity shall be -charged ind'pay for.on'a monthly. Z .basis, the water obtained -by it from the West Orange County Watelt' A Board. The amount shall be-•detert►ined 'by the cost [hereof, to •the , 5 West Orange County Water' Board.' } ' }/, f , 'T �. ':, • . 6 b), Costs of,operatton, iaaintenance and administration,. ' 7 including.dtrectors'feee;:engineering services, -legal fees and._ ' 8 costs, accounting and adminiitiati've"costs, including'the expense " 9 of a secretary and assistant secretary, office supplles,•and an f 10 annual dudit, as. well as'such insurance as the Board may carry, 11 sh.11 be bcorne by each entity on 'the,basis of awneVghip. Ownership 12 shall •be.'determined on .the'basis•'of each party's proportionate 13 share;of.the total cost..of,.constructing all, facilities -operated 14 and.,maintained by the.West Orange County Water Board. In this•re- 15 gard the•'cost•to County'Water Works Districts Nos; 3-and 5 of, those YY 16 facilities leased•to"the cities of -Carden Grove 'and Westminster 17 shall;be'used 'in computing the proportionate share of ownership of 18-all..facilities operated'by the West Orange County Water Board. It 19 is,irknowl4d•ge4;tliat'ulticttely'Caxden Grove and Westminster will 20 be .t ��piln�rss of thoae'daUlities:. • • f ' 21 •y f� :c) ;,7t��; cos'yt`of''Zo stx 'Itii& any, additional, facilit feq ' 22 shall •be_so t ehalasts of 4'a' acitpzIn- said.•faciiitiea •or e* agreed 23 upon by%all;.Phe4p#'t�f,ea.'�: f " \r• •, to this agreement shall •be obli 24 { a s gated•,tp''paitici'pita:,�a VVraeruAitig- any facilities• nor.is any r4 •i. 25 party -in en33isylbfgta� Co paX=#or any portion.of :the castlo; 4 26cons�ruchig•at�y ;facilitfes in which•it does not.have an interest; 27 j '.d '~should' •:� •j d t'Oran e ) it W.&ika m ne that the�Wes g County 28 1latei: '43aaid:•i9;;.;fox any; readon� liable to any person or'concern, 29 theii:tbe .cost�:theieo,shill-.ba"borne by the partiea,hereto on -the 30 basis -o! ownership., ?The eacteat'of such liability shall be detei- 31 +mined .an the`'basie o� sash Ferty's proportionate, share of the 32�total cost of constructing- all- facilities operated and maintained �'�4.'')• �r� �'i`�.���ii�;t.r;{t��l►i�����%�a'i'�r'g��=�7�;f�t:tfti �i�ti .ix_5����'����•f..��.-_.����i�'1�'•� l�f Y�4'�M��'S='7�r,l�a;it:<��.ri�~�� 7 ,,••f. NI�:,�yt%tif�„{,1 r�/%4 t'1 {t�;.1••r. :.y 4•. hf't, ixF �'• �,J' •t, ' • �,•• y• [. "�. • ' ter• "'; � ,••y• , � . +X ,• � �•\ •�' + •;�� •1.4 •' l i; • r 1 • st byKeOra nge Counjr.�' =ter Board:►. Such c¢aCs .shall include 2 ,the i % r • '. :�` . .4 ' , 1t i •� err ' all expenses relating 'thereto,} inCludtng the defense-' of the Weat .• 3 Orange County Ratef'Board and'its•offtcers'•ano emplojees; Ilk- ,inclusiveZV f'f I ' ' a lcgal1feas and costs.�• •"'ti .1 .4 7 1.6f ;order'.tiiat :funds. i+i I' bi! availsble•during the ,year to •7 tweet the expenses of the west'Orange County Water Board, and in or- S;der that each party to this agreement may budget for its portion of S) 7 the expenses of the West Orange County Water $oard, the Board shall, 10.in April of each year, estimate its costs of operation, maintenance, 11'and administration for the next succeeding fiscal year. The budget 12shall show the estimated share of each party to this agreement as 13iherein provided. 'the governing body of each party shail act upon 14jthe proposed budget prior to July 1 of each year and shall pay 15!to the West Orange County Rater Board as a deposit against the 1611charges of that entity for the next fiscal year, one-half (112) 17�of said amount on or before August 1 and one-half (112) of said M amount on or before February 1 of each year. In the event that 19 an entity's deposit exceeds Its costs as herein prcvided, the 20 balance thereof shall be credited against the deposit for the next 21 succeeding year or returned to the entity as it may request. In 22 the event that the costs or expenses of one of the parties to this 23 agreement exceed its deposit of funds as herein provided, additional 24 funds in an amount determined by the Board shall be deposited upon 2$ demand by the Nest Orange County eater Board. 26 •;':';tirr"•PiYecto=s-:shall••6ezcampegsated•for'attending aseetings••of;,' 'thee -Board of nfre�tora'• in' -an. amount . fixed by the' Board, Vbich ftmounr sball-'+riot- be' in excess. of $50.00 per meeting and not *in ex,c�ss`of.$150;00°per: month: •lldditionally, the Board ma}�'p'rovide 32 •+: -6- •« •!:� �. ., '.i'=:r,, :17j,r PY�,(,�,�•��•�:�l�A-G.],�"'t l�: -F,.• .. �y.,,�•r, '•. -;�i1;, 1' •• .s 1�,', •y'�.r� ;i•Sit,•�r •r•••i•,w'.*,i•y �'�.�•F,.l�.l`y,�,;1•`.'■ � :L• •I' ••s ... •1•M'•t;1•.tir"C• iC 1 + TV •• I.1 1 for cha.reimbursement.,o.fravel.LinpexpeRsaa;for.Directors -•ti.• y' f,..' �,•f ti'['ti . +ti,,. i. -;./fir,• 2 their, place. -of �reif�4hcy�..ejnib ble- "tion of the meeting. Th& 3 Board'ciay pr'ovtde •fort tfib pay4=4$ f the expenses of s dire c o ` 4 th` vecrptary If"such are diie�ted b 'the'Boar to • ... : ,.: t • • .• • Y• •. , �. attend nay,,: � • . 5 meeting' or,other 4c' vity--!Ih ch• f t'is..deEei-mined by the Board, t% ~ ' b .be in 'the •besC iritere'st; hf the West Orange County Water Boardl;and`' 7 tiieh' ! ejatea':t the' acco©•} is j � stc'at,o'ttie ur se • }. ; � • . �:•: � .; P.•„lt' • - ... • -..,• P . p° a herein' Provided •• �. 8 fox: ecretary and Assistant Secretary,. if ''thew be one, -shall B e coiapensated•for their aervice's.•,on the basis of $100.00 per month 10 and• $50;d0:per• month, ,respectively, -unless the Board shAl other-- 11 wise provide:.'.,The^aomyensat.f,on herein provided' for sh411 be in r •22 AddWon'e0 any.00er fee •o'r compensation to which tha person 1i, :1 ,•, 13 entitled }ttiereta' might athervloe*be entitled to'rece'ive by ie$scn, IA of somd other''office or';posiEion irhteh Chey may. -hold'. 16 ` e'IQ •, us 16 ,Vf enever :any•atunicipality; '.distX1Ct', corporation or other ••;_ • •+ 17 public .agency,- organized.and••�xiating•under the laws of the State L 18 pf California, br under the laws•Of•the-United States of America 14 a' 1fl shad-., esire to becamA • f: e r;a party�;to''�hie agreement ite governing 20 body4d6il, by. •resolutiop•or'atherwiee lind.'and.defermine that it 21 will rlro'. to,sthe ,be pkreepe -and idvanstage� of. such entity.or' 92 publc-agency.to do-s�1•$ad�ahall�authorize,the executign'and sipninp ••.�f:. h+••N• , .• '.',.•i,• •w tit!:' :.a ••- •e g g his agreementKupaii.aQCW- iera9land conditions as may be -agreed 44 upon-by'the paxt�e"s hereto:,,.', ; .7;': • . 25 26terms add:P�ovi�#on�ypP•thia agreement vay be altered ;2? .o=:amended•-frotiiitime' kimewithlt�a; pnanimous consent of the r 28 govdrning ;b Idy. bf edcK% j iti bal e[0, "Arid of, the; parties hereto 29 hevipg the aola'u9p'or oxnership:of any section of the facilities to •30 be aeratecimis ntained by the hest Orange County Water Board away 31 det4rmf�— -.Ahat -it. is; to ,their advantage' to maintain and operate 32 ouch facilities the5 and therfaifter such party or parties �� S",�. }.4+ryi yrC y,j{ �' �,•-�ti, '-c':y jfTT'•[��� I:�.,YtCRc-' .. ��. ,.•��' .fit; "% � �` i. �' r' ��� �: �� { w� } °' x�r Ft't�r�:'t5����'�tt:���`•: rr.ism;`•�1;�����,{:�."�?(��ii;'ri.�.�•f�y.'v:�.� t•1!S' s. +.% tf':`I. .♦ ��_�' `i's1 '��}5; .:�..11l� 1..• ��♦'••-'. , `•. !y' ••_ r - '1�,�y•1' r 'T� (,�•• .,_r.i '�!,}.�+,`?''•yh �tf'[".���sl�,. !• s •• •.� , '�.♦ ,R'� �� Ij •tha action aF ;their' o�verrring liody may notify the` ue$ty Orange � i;..i,• j2 County.-�7acer-odrd,•of their''decision-and within thirty (30)days.►uz . S .1 •'s afteir the, receipt of notice�:of 'euc'h, a determination 'paid or, { ':: •� t;s24 1parties ehall'.take' over;the-operation and maintenanea of•+such facilities: 'llpon'sucfi- act -ion the .West Oranga t:ountps dater' Boaica� `t`� I• hill bo reliGved'of•iVa obligation to operate and maintaiii'thoae .a �t.7 -Tac` lities. �Widh.•the! unarif*o is' consent of all parties ' her4" "'his 8 `tagrcem01. ent 'may �e 'terminated upon ninety (90) days written prior L f. '1 9 ',notice to the'.West ,Orange-CountT Water Board at which time the ` .10 %ffdirb ipf+ the West' Orange (County Jnfater Board shall bo concluded Viand ,any assets and funds �s �* be distributed to the parties' to - :.this, cgreemen[••in, ptdpor[iop"tn the 'contributian to which }gach' party'=contributed to` aid• k4be•t&'.. • ' 14 SECTION 9 ` SECTION 9 , -15 �' Any notice or instni'aent�required -to' be, given or delivered d. .i6 hareunder may be delivered by depositing -the sane in"any receptacle 17 of+the United•Stetes~Post Office by registered,or'certified mail,'. ;� '-poe'taga' prepaid. and addressed as' follows'; 4, •: ��` A ' WEST'ORAliCE COTJZY WATER ,BOARD •� r HuntringBeach; { Catfornia �� . y' �• r . ,, •�-- {.� wry}.-% , • ~ y :? 2I • :, r % ` -+, i ; 'CITY 'OF ('.�RDEH,'• GT�00E, ` .•'ai ;: •,� -1.3carden-,Gi6ve,. California.. " ;•s,}-.. �.:` '%S1 ClIIX OF',IJiQNT1NG70N.8EACi3 . • . ; '' f `-;`•: .d •,= ,;: - �" •,.• ! �,w r �'`• CJ.viC%.C2ll�ti: h';!' •• '• i j '�� •A �' .• ��.'.: r- -�R i 24 .y1 . •.�+;_ �. �'t,liont:i�ngr ti ahti� C alifornia' Z s •' .(f :�l •'�: �� i�,a,;•• y•.' .! •f�.L1`x:,01��$JSLC `;- . •' • ' •'� �•' • r , -�# .�. .,r .� 7:,x .'!•• .•t.20 8t�. Ct' • •' ' • :' ,` r ' :aT :11 .:+ ,��: ..' .'Seal: Beach; California;' and : ,►' �•w r1 • •, 1 •: •s '�,? r' l,�r' j" • '..- . � •a iLi /Yi Ri..�"•�'�fi'i•+i c•+►- . _, ,• j.' .. •26 7� �••;:w,Ia381.-Olibe+�-'•,.. ,.ti: •► `,,.': •.:. ;:l� ;r:•� :ewilistwins ter;, California' �,' ,: •r 29 :or.a <<sych'bther •jrr,a.,,~ �1, �tf.�,..-. a_ddress-aa•mny • -~ .bedesignated. by similar notice. ,ryY30h �H.iTLSS'Eorthe. pai:ties hereto have-caused,thts• I - �'•' • •�1 �1jL /'.,•�AMA1��+{.''�tt r'I lam._- • ' r 21 I I 'ij rr ''` i. !.� � `� •t� t1 .Y •i� r• t Rr1:iy .( ,". fi' y`� _ ve r. C '�4+�1 r f, a :r'�" Kira "s.'f .i•.,�r"i s i.�l�t�•)ei r'� ��r"i. icy s�. ,t; J..�a! .+ ' i ��'llll � � � F. T„ S`.M��.- t"i! `�(..'ra' =,i' .v. ,.t ytt r.- 1a �•. �� rr 1 r a'Tt 1 11i1� �.• I� i .fti. y..' ?•1'".Il :'+rim ( w(i�F 1�y,4 l S? •�i .�. ! �. �!• 1 , y•'! '•r.1` i �}J' •:l .e� .ram-3W�.. � 4.. 'Y•.. r 4,{r, J'•��,�F"- w i . tir.i i-y ja. y. F. �-,;;• � •. � � i t� �" � t � f i. ..: S iii' r' iy / • .�.s ! i. 1 ! r �: s ri 'r:-} �. �+S !"'15+ l/ , k .(` •, .r1: =�` .,6�; ,t �t:r.s •��'�.•4 �e��Y i<A'%s kr •+4�;" yr �4r7 �` %j..Tr �w.ry('R ey+va, ; ?ELMm� � ' •s I T 1} 1 RESOLUTION NO. fsl-G7 f ' i 2 RESOLUTION OF THE BOARD OF 'DIREMRS OF WEST 01MCE COUti'fY WATER BOARD 3 DETERMINING PERCENTAGES FOR ALLOCATION' OF CASTS QF OPERATION, Mr1INTEM%NCt AND 4 ADMINISTRATION 5 6 WHEREAS. the Joint Powers Agreement providing fur thr exist- 7 ence and operation of the West Orange County Water Board has been B• revised and recommended by this Board for approval by the particip- 9 ating entities, Carden Grove, Huntington Beach, Seal !leach, and 10 Westminster, and 11 WIIEtEAS, the City Council of Carden Grove, iiuncington Reach, 12• Seal Beach and Westminster have approved the proposed revised 13: Joint Powers Agreement providing for the creation and operation of 141 the West Orange County Hater hoard, and 15ie WMERFAS, the agreement approved by each of the participating u3 16entities provides that costs of operation, maintenance and adminis- • 17:' tration including director's fees, engineering services, legal f(.e% 1&ice and costs,• accounting and administrative costs, including the ex- pense of the Secretary and Assistant Secretary, office supplies jr 201, and an annual -audit, as'well as such insurance as the Board may ! 211: carry shall be borne. by each entity on the basis of ownership, and ' 22�. WHEREAS, said•agreement provides that ownership shall be : • it • 23,E determined on the basis of each party's proportionate sshart• of the I 241 total cost of constructing all facilities operated and maintained 251 by the West Orange Pointy 1:ater Board, and « IMERFAS, the percentages hereinafter set forth were deter- 27,I mined on the for• in basis and resented to each entity at the _ �� g° R. p y f time of the approval by that entity of the revised .point Powers I 29 1 Agreamasst ! 4,",.0 oc.ths creation and operation of the West 30 oratge COurttfciit�:$t�ixd;' 31 N4i O- M tv ,`tbs• it resolved, determined and ordered as .321 I-Re:taF :-- +; �. S tf' ;R�' c v►.-. JCi R r - 'N` +�__. 1-, - -i:' i�rnl _- - . r_. ..._' r - • �, . t '+f'' �'T' :•.3"q t/ ../. .�}.�Y•+,,, S'.'F +F+ '='i.`+ r'-: i,i...i 11 .Y: •,, +,r .t{;ti; �'� :,�•3,,,;; - y�1'•,•e!; -r• :+� till: ..•3 r.Sr � ,.) +.x� r►; �, +�.�',� � r.'..•i`.-.`i`,•' '1'^ 'E � � �;. •i:!S,. ,:�.�'.•.. *. 7'j,, .;: • r { •�•�y� !'h+� .��4-i�'�'r Js '` I'Fi �f' • fiR�triZ', '7:'^ ]a.•. �•.�1 •�•. • ��a• .R ^�flS •a P j- �7 r.f�7 r r•. 1'''' j:. �� ).:.i' -�' 1" ' Y }.'. • �� �: �•Y. �kr S�: . i �'': JtSf r'�•- ,a r•. +,,. '�33-•,.r .. r y�. .J'' +� � �- !!� ?1i .►' �. r�,',' • .} � ��� i+. �"4. r ' �� ter/-i!Y''i..•' z�.ir�F�'y''�'= .q i'f ?:h'l:f� +� .�;r � ��``Ir '�••�''�i� r••= �:ia �-: �K • �j; 1) That tho cost of operation, maintenance, and administra- tion of the West Orange County Water Board shall be borne as fol- • A lows: jGarden Grove 7.87.. . kuntington Beach 32.5% 6� Seal'Beach 14.3% x Westminster 25.4% 6 7. 2) That the foregoing percentages represent a composite 8figure of the proportionate stare of the total cost to each entity 911' of constructing Kest Orange County Feeder No.,1 and West Orange i 105 County Feeder No. 2, these being the facilities which are at this 11' time operated by the West Orar-ge County Water Board. ' + 12I' 3) That the Secretary of the Nest Orange County Water Board 2311 be and -the same is hereby directed to transmit a certified copy 14� of this resolution to the City Clerks of Carden Grove, Huntington 151111 Beach, Seal Beach and Westminster. - Y � 1bli ;; 17; ADOPTED, SIGHED and APPF•OVED this 25v 'day of October, 1967. i ChaiiebOn of the WEST ORANGE COUNI"t I 20�1 WATER BOARD and of the Board of Direc- tors thereof. 21 ATTEST: 22 23 ' Secretary of t RANGE COUNTY 24 WATER BOARD and of the Board of Directors 'thwraof.' 25 26 27 28 ''•'::Kf:.��•R • 1 r •✓r• :�! 1 -in 'YTZ; ATTACHMENT #3 DIRECTOR SURVEY — December 2002 Agency Per Diem No. of Mtgs. Fax Machines -Lap/Desktop Computer E-mail Address Other Central Basin MWD $195.46 10 Yes — Maint. Only is covered by Dist. No Address through agency website No access while travelling Agency does not cover ISP fees Dist. Provides Pagers Eastern MWD $168 10 No No No EOCWD $150 No set limit ETWD $165 10 Yes - $25 per mo. reimb. Not yet but plan to Yes thru agency website — Dist. sec. fwds e- mail Cell Phone for Brd. Pres. Only IRWD $170 6 = Dirs. 10 =Brd. Pres. No Only for Chair No Laguna Beach CWD $100 6 No No No La Habra CWD $100 3 No No No Moulton Niguel $150 10 No No No OCSD $170 6 = Dirs. 10 = Brd. Pres. No No No OCWD $150 10 Yes - $30 per mo. reimb. Yes Yes — access through Dist. website Serrano $100 10 No No No Lake Passes SMWD $100 6 No No No South Coast Water $160 10 No Computer for Brd. Pres. Only No Trabuco Canyon $125 10 No No Yes — Access through Dist. website Walnut Valle $100 6 No I No No YLWD $125 10 No No No Foothill MWD $100 6 No No No Upper San Gabriel MWD $162.90 10 Offer Loan Program for fax machines and I computer program at 5% interest No N/A Western MWD $218.30 10 Yes No No Council/Agency Meeting Held: V97 Deferred/Continued to: ❑ Cond Council Meeting Date: ❑ Denied December 15, 1997 IP-tren.c�Lc1a-�' �'. k� (, 00. Yo ," Cit Clerk's Signature Department ID Number: W097198-03 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, ACTING CITY ADMINISTRATOR r^.f PREPARED BY:AV.ES M. JONES 11, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVE 1997/98 TENTATIVE BUDGET - WEST O GE COUNTY WATER BOARD Statement or Issue, Funding Source, Recommended Action. Alternative Action(s). Analysis, Environmental Status, Altacdmenl(%) 5q It is required that the entities of the West Orance County Water Board (WOCWB) approve the "Tentative Budget" annually prior to the Board ratification. The Board's next meeting is December 16, 1997, at which time Budget ratification will be requested. The other members are in the process of consideration of the budget at this time or have already approved it. Funds are available in Water Utility Fund Account No. E-EW PW-9224-49-00. Motion to approve the 1997/98 tentative West Orange County Water Board Budget in the amount of $301,700. Huntington Beach share is $165,888. Do not approve the budget. REQUEST FOR ACTION MEETING DATE: December 15,1997 DEPARTMENT ID NUMBER:W097198-03 The West Orange County Water Board is a Joint Powers Agreement between the Cities of Seal Beach, Westminster, Garden Grove and Huntington Beach for the purpose of purchasing water from the Municipal Water District of Orange County, and transporting it via Feeders No. 1 and No. 2, owned by the Joint Powers cities. Huntington Beach owns 56.1 percent of this system. WOCWB is comprised of representatives from each of the Joint Powers agencies, with Council Member Ralph Bauer and Mayor Pro Tempore Peter Green representing the City of Huntington Beach on the Board. Council Member Bauer and Mayor Pro Tempore Green have reviewed the tentative WOCWB Budget and are recommending adoption at this time. Annually, the Manager -Engineer of the WOCWB submits a "Tentative Budget" to the Board so that the entities of the WOCWB can approve the funding prior to the Board ratification of the budget at their September meeting. Huntington Beach Water Division Staff has reviewed the 1997/98 Tentative Budget, and concurs with the submittal as presented by the Manager. Not applicable. 1. 1997/98 Tentative Budget LMJ:JRR:HJ:bb HISHAREDI•RCAMOCw897.DOC City Clerk's Page Number RCA Author. Howard Johnson,. , phone extension 5503 WOCW897.DOC -2- 1210519712:07 PM ATTACHMENT 1 0019517.01 PRELIMINARY WEST ORANGE COUNTY WATER BOARD-1997-98 BUDGET revised 11-14-97 Actual Budget Actual Total Requested Huntington Garden Seal Beach - Westminster EXPENDITURES: I FY 95196 I FY 96197 I FY 96197 I FY 97198 ISeach 58,1% I Grave 4.2% 114.3% I ' 25.4% Acct. No. a RSONNEL SERVICES 120 Salaries, Temporary $5,008 $4,200 $5,276 Total Personnel Services 1 $5.008 $4,200 1 $5,276 Acct. No. OPERATING EXPENS 204 Utilities Expenses, Electricity $2.147 $2,500 $2,092 210 Utilities Expenses, Telephone $103 $400 $0 390 Contractual Services: Operations & Maintenanco $43,501 $53,150 $47,318 Engineering & Administration $64,281 $56,650 $43,281 397 Audit Fees $1.475 $1.600 $1.525 405 Contractual Services, Legal $6.640 $5,500 $1,873 464 Meeting, Board Members $1,650 $1.500 $850 483 Liability Ins., Transmission Lines $15,420 $15.850 $15,691 Total Operating Expense $135.217 $137.150 $112.630 Acct. No. CAPITAL C05TS Telemetry Upgrades Feeder No.1 & 2 Rehab, Phase III Microfilm System Total Capital Costs $743 $214,000 $205,529 GROSS PROGRAM COST $140,968 $355,350 $323,435 less FUNDED BY RESERVES NET PROGRAM COST $140,698 $355,350 $323,435 REVENUE: Huntington Beach - 56.1 % Garden Grove - 4.2% Seal Beach -14.3% Westminster - 25.4% Interest on reserves $77.526 $7.477 $20.154 $35,811 $181,447 $13,584 $46,251 $82,152 TOTAL REVENUE 1 $140.968 1 1 $323,435 $0 $0 $0 $0 $0 $2.600 $1,403 $105 $358 $635 ON $281 $21 $72 $127 $551000 $30,855 $2.310 $7,865 $13.970 535,000 $19.635 $1,470 $5.005 $8,890 $1,700 $954 $71 $243 $432 $8,o00 $3,366 $252 $858 $1,524 $1,600 $842 $63 $215 $381 S18.000 $8,976 $672 $2.288 $4.064 S118.200 $66,310 $4,96A $16.903 $30,023 9120,000 $67,320 $5,040 $17.160 $30,480 $124,000 $69,564 $5,208 $17,732 $31,496 $3,500 $1.964 $147 $501 $889 9247,600 $138.848 $10,395 $35.393 $62.865 33$$+700 $205.158 $15.359 $52,295 $92,888 ;664,fl00 $35.904 $2.688 $9.152 $16.256 $301.700 $169,254 $12,671 $43,143 $76,632 Sheets $12,419 $42,285 $75.108 $6,000 WEST ORANGE COUNTY WATER BOARD 1997/98 BUDGET - AGENCY ALLOCATION SUMMARY AGENCY Proposed 97/98 Gross Program Cost Recommended Reserves Current Reserves Program Funding from Reserves Interest on Recommended Reserves 97/98 Vet Fundi22 Huntington Beach - 66.1% $205,158 $112,200 $148,104 $35,904 $3,366 $165,888 ; Garden Grove - 4.2% $15,359 $8,400 $11,088 $2,688 $252 $12,419 Seal Beach - 14.3% $52,295 $28,600 $37,752 $9,152 $858 $42,285 ' Westminster - 25.4% $92,888 $50.800 $67,056 $16,256 $1,524 $75,108 Totals $365,700 $200,000 $264,040 :64,Q00 $6,000 �.....U195,700.; Sheet2 REASON(Why is this RCA being submitted late?): .5"f3fit/ ZAf N77N vdG IOU n/ SSE . EXPLANATION(Why Is this RCA necessay to this agenda?): ' 15' Gib &p , 6 c B- CavNc. s. CONSEQUENCES How shalt delay of this RCA adversely Impact the City?)-. O cv 55 6� �Z91av i f 6d Si tare. 0-Approved 0 Denied 0 Approved 0 Denied Initials { lv: Required De A en Head ' Asst. City Administrator City Administrator REOLATE.DOC M11AMA RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS WATER DIVISION SUBJECT: APPROVE 1997198 TENTATIVE BUDGET - WEST ORANGE COUNTY WATER BOARD COUNCIL MEETING DATE: December 15, 1997 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff { ) ( ) Assistant City Administrator (Initial) ( ) ( } City Administrator (Initial) ( } ( ) City Clerk { } EXPLANATION FOR RETURN OF ITEM: v R QUEST FOR COUNCIL ACT641 MEETING DATE: January 16,1996 DEPARTMENT ID NUMBER: 95-084 CounciMgency Meeting Held: /--/& Deferred/Continued to: Approved ❑ Conditionally Approved 0 Denied f6ty Clerk's Signature Council Meeting Date: January 16, 1996 Department ID Number. REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini PREPARED BY: OLES M. JONES II, Director of Public Works SUBJECT: PURCHASE OF GARDEN GROVE'S CAPACITY S OF 3.8 CFS IN WEST ORANGE COUNTY WATER BOARD (WOCWB) FEEDER NO. 1 (OC-9) Statement of Issue, Funding Source, Recommended Action, Altem.7tive ction, Analysis, Environmental Status, Attachments) Statement of Issue: In updating its Water Master Plan, the City of Garden Grove found its capacity in the West Orange County Water Board (WOCWB) Feeder No. 1 to be surplus and, as such, recommended the sale of this "surplus capacity.' Garden Grove offered this capacity to the City of Huntington Beach, and in September of 1995, the City of Huntington Beach agreed to purchase the capacity rights for the sum of $200,000. In response, on November 14, 1995, the Board approved WOCWB Resolution No. 95-01, which modifies the current Joint Powers Agreement (JPA) to reflect the sale of the City of Garden Grove's capacity rights in Feeder No. 1 to the City of Huntington Beach. The Resolution also revises the percentage allocations for the distribution of the maintenance and operations costs of the WOCWB. In addition, the Water Board adopted an amended 12-month budget for the period of October 1, 1995, to September 30, 1996, reflecting the revised percentage allocations. The City Council of Huntington Beach, along with the other City Councils in the WOCWB, must now approve WOCWB Resolution No. 95-01. The revised budget necessary to support this action, due to the capacity reallocation, must also be approved. The revised budget reflects only a reallocation to each WOCWB agency, not an increase in the budget total. PURCHASE.RCA -2- 01/03/96 2:02 PM RrQUEST FOR COUNCIL ACTItA MEETING DATE: January 16, 1996 DEPARTMENT ID NUMBER: Funding Source: This purchase was originally approved and planned as part of the Fiscal Year 1994/95 Budget. A Purchase Order in the amount of $200,000 was generated in September of 1995 to encumber the purchase funding. Upon approval of the recommended action and ratification by the WOCWB, the Purchase Order can then be finalized. To cover the additional costs to the City of Huntington Beach as a result of the budget revisions, sufficient funds are available in the Fiscal Year 1995/96 Water Fund, account number E-EW-PW-922-449-00, for the additional Operations and Maintenance required. Recommended Action: 1. Approve WOCWB Resolution No. 95-01 and authorize the Mayor and City Clerk to sign it. 2. Approve the WOCWB revised budget, which reflects the revised allocations shown in WOCWB Resolution No. 95-01. Alternative Action(s): Deny City participation in this Resolution and advise City Staff on how to proceed. Analysis: The West Orange County Water Board is a joint powers agency consisting of the Cities of Westminster, Garden Grove, Seal Beach and Huntington Beach. Its purpose is to operate and maintain two water transmission mains (Feeders No. 1 and No. 2) that convey domestic water from connections to the facilities of the Metropolitan Water District. These connections are located in the City of Stanton. The WOCWB is governed by a five -member board of directors appointed by each of the cities. Huntington Beach has two appointees to the Board, Councilmembers Bauer and Green. The City of Garden Grove agreed to sell its capacity rights in Feeder No. 1 to the City of Huntington Beach for the sum of $200,000. Sufficient funding was granted within the City's Fiscal Year 1994/95 Budget for this purchase. The transfer of ownership and capacity rights will occur as soon as Resolution No. 95-01 is signed by all WOCWB members. The additional 3.8 cubic feet per second (CFS, or 1,700 gallons per minute) purchased will bolster the City Water Division's ability to meet current and future water demands. The opportunity to purchase additional Metropolitan Water District (MWD) capacity rights is rare, as no new MWD feeders are scheduled within this area. The Water Division has been negotiating this purchase for several years and strongly supports this effort. This PURCHASEACA -3- 01103/96 2:02 PM RtQUEST FOR COUNCIL ACT64 MEETING DATE: January 16,1996 DEPARTMENT ID NUMBER: additional capacity was considered and included as part of the City of Huntington Beach Water Master Plan. Environmental Status: This purchase has been determined to be categorically exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act. Attachment(s): 1. Resolution No. 95-01 of the West Orange County Water Board 2. FY 1995196 WOCWB Amended Budget -• . City Clerk's Page Number \ PURCHASE.RCA -a- 01103/96 2:02 PM 4%- AMENDMENT TO WEST ORANGE COUNTY WATER BOARD, JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this 15th day of Juiy , 1994, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the Iaws of the State of California; K1.TNESSElH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers - Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 4 of the aforesaid Joint Powers Agreement, providing for the manner in which the West Orange County Water Board exercises its powers, in order to specifically designate the period of the Board's fiscal year. BAKW&G'A1Nl UnIs56 19007 B 4.OSM9194 • Cntl 1 NOW, ' THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section S thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 22. Section 4 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: "Section A. The Board shall designate a location for the office of the West Orange County Water Board and designate a date, time and place for the regular meeting of the Board. The Board shall also establish a means for giving notice to each party to this agreement of any special meeting of the Board except to the extent that said notice may be waived by the provisions of the Government Code or other laws of the State of California. A quorum for the transaction of business of the West Orange County Water Board shall require the presence of a majority of its members. Any action of the Board shall require an affirmative vote by a majority of the members present at the BAKw&GIA1N/ph/11656 IWM B 4.05M9M - DraA 1 2 meeting. All meetings of the Board shall be open to the public and the Board shall cause its Secretary to keep true and accurate minutes of all meetings which are public documents and shall be available for inspection at the office of the Secretary, by any interested person or concern. In accomplishing the purposes herein specified and exercising the powers granted to the West Orange County Water Board hereunder, the Board shall act in accordance with such requirements as are specified by law for a general law city of the State of California. The Board shall establish such accounts and bookkeeping procedures as are necessary to carry out the purpose of this agreement. All funds shall be strictly accounted for and all receipts and disbursements shall be duly recorded. The financial records and transactions shall be audited by an independent Certificated Public Accountant at least once each year. The audit, provided for herein, shall be completed and available to the parties hereto at the earliest possible date, following the end of the particular fiscal year and in no event shall the audit be completed and made available to the parties later than six BAKW&G/A1N/pk011856 19007 B 4 - 05/09/94 - Draft 1 months following the end of the fiscal year in question. The fiscal year of the Board shall be from October 1 through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Cler , City of Garden Grove Approved: 6/7/94 ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach B"W&G/AJN/pW11856 A 19M B 4 - 05/09/% - Draft 1 `t CITY OF GARDEN GROVE CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM: City Attorney - Huntington Beach CITY OF SEAL BEACH By Mayor months following the end of the fiscal year in question. The fiscal year of the Board shall be from October 1 through September 30. " IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: o - Gloms City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach BAKW&G/AJN/pks/ 11856 19007 B 4 - 05/09/94 - Draft 1 4 CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM: City Attorney - Huntington Beach t�'5 \3-`p�- siP-9y !Z2 - 5 Y 60-1� CITY OF SEAL BEACH By Mayor months following the end of the fiscal year in question. The fiscal year of the Board shall be from October 1 through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: / Ci Clerk, sty of Seal Beach B"W&GhUN/pW118S6 A 19007 8 4 - OS/09/% - DnR 1 `t CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM: City Attorney - Huntington Beach CITY OF SEAL BEACH ATTEST: City Clerk, City of Westminster BAKW&G/MN/pks/11956 19007 B 4 - 05/09/94 - Draft i CITY OF WESTMINSTER BY Mayor Dated: June 14, 1994 West Orange County Water Board February 8, 1996 Robert F. Seeman, Alanager-Engineer Liisa Kessing, Secretary Earth Tech (Formally Barren Consuldns Group) 2121 Alton Parkway, Suite 100 Irvine, CA 92714 (714) 724-1776 FAX (714) 724-1557 Alexander Box•ie, legal Counsel 4920 Campus Drive, Suite A Newport Beach, CA 92660 (714) 851-1300 City Clerk City of Huntington Beach P. O. Box 190 Huntington Beach, CA 92648 Subject: West Orange County Water Board Resolution No. 95-01 and FY 1995196 Final Budget At it's February 6, 1996 Special Board meeting, the Directors of the West Orange County Water Board ratified the execution and adopted the above referenced resolution and final budget. Attached to this letter is a fully executed copy of Resolution No. 95- 01 and a copy of the Board's FY 1995/96 Adopted Final Budget for your City's files. If there are any questions on this request, please do not hesitate to give me a call at your convenience. Very trul yours, Robert F. Seeman, P. E. Manager -Engineer Attachments(1) c: Uisa Kessing, WOCWB Secretary Howard Johnson, Huntington Beach Water Operations 21213501.010 a:..l+roc+rb5jp�5hbrw.hr Y:� rn C.l tr, C7 �� ( r� 9 RESOLUTION NO. 9L-01 RESOLUTION OF THE BOARD OF DIRECTORS OF MEST ORANGE COUNTY WATER BOARD REESTABLISHING PERCENTAGES FOR ALLOCATION OF COSTS OF OPERATION, MAINTENANCE AND AD M-ISTRATION AN'D Obi NERSHM OF FACILITIES OF WEST ORANGE COUNTY WATER BOARD WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "Nest Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement as approved by each of the participating parties provides in Section 5 that costs of operation, maintenance and administration including director's fees, engineering and secretarial services, Iegal fees and costs, accounting and administrative costs, office supplies and an annual audit, as well as Such insurance as the Board may carry shall be borne by each entity on the basis of ownership; and WHEREAS, the Joint Powers Agreement further provides that ownership shall be determined on the basis of each parry's proportionate share of the total cost of constructing all facilities operated and maintained by the Board; and WHEREAS, by approval on October 25, 1967, of Resolution No. 64-67, the Board established the percentages of ownership of each entity in the facilities of the Board and allocated the costs of operation, maintenance, and administration of the Board according to the percentages set forth in Resolution No. 64-67, representing the proportionate share of each of parry's capacity in West Orange County Water Board Feeder No. 1 ("Feeder No. 1 ") and West Orange County Water Board Feeder No. 2 ("Feeder No. 2"); and &"Wava.v lls N WHEREAS, on September l9. 1995, the Board approved an agreement for the purchase by the City of Huntington Beach of 3.8 Cubic Feet per Second (3.8 CFS) of rated capacityy within Feeder No. l from the City of Garden Grove {the "Agreement"). which capacity represented the City of Garden Grove's entire capacity share ownership in Feeder No. 1, resulting in the City of Huntington Beach increasing its capacity ownership within Feeder No. 1 to a rated capacity of approximately 14 CFS, and concurrently resulting in the City of Garden Grove's having no capacity rights within Feeder No. 1; and WHEREAS, by the terms of the Agreement final payment from the City of Huntington Beach to the City of Garden Grove in exchange for the purchase by the City of Huntington Beach of the City of Garden Grove's capacity rights in Feeder No. I is conditioned on the Agreement being approved and adopted by the Board within the Joint Powers Agreement, and WHEREAS, in order to effectuate the intention of the parties it is the desire of the Board to rescind Resolution No. 64-67 and reestablish the proportionate ownership of each entity in the facilities of the Board, as necessitated as a result of the approval of the Agreement.. NOW THEREFORE, be it resolved, determined and ordered as follows: S=tion1• That the cost of operation, maintenance, and administration of the West Orange County Water Board shall be borne as follows: SARWAVAM"111 Garden Grove 4.2% Huntington Beach 56.11% Seal Beach 14.3 7'o Westminster 25.4 o' 2 N SectiQn.2. That the foregoing percentages represent a composite figure of the proportionate share of the total ownership of each entity in Feeder No. 1 and Feeder No. 2. these facilities being operated by the Board. Section 3. That Resolution No. 64-67 is hereby rescinded. Swim 4. That the Secretary of the West Orange County Water Board be and the same is hereby directed to transmit a certified ropy of this resolution to the respective City Clerks of the Cities of Garden Grove, Huntington Beach, Seal Beach, and Westminster. ADOPTED, SIGNED AND APPROVED THIS 14 day of .�6q2:.4_ 1995. ATTEST: WATER BOARD and the Board thereof. , ATTEST: ity Cle City of Garden Grove 31AKwaGiMN4I1 ti Chairman of the, WMT ORANGE COUNTY WATER BOARD and the Board of Directors thereof. 3 CITY OF GARDEN GROVE ATTEST: ../ City Clerk, 1-yk74 City of Huntington Beach ATTEST - City Clerk City of Seal Beach ATTEST: City Clerk, City of Westminster CITY OF HUNTINGTON BEACH By Mayor Approv-4 as to form: i ; Attorney CITY OF SEAL BEACH By Mayor CITY OF WESTMINSTER By Mayor ATTEST: City Clerk, City of Huntington Beach ATTEST: - r v i Clerk sty of Seal Beach ATTEST: City Clerk, City of Westminster B"Wacd&.111 4 CITY OF HUNTINGTON BEACH By Mayor CITY OF SEAL BEACH By M, CITY OF WESWINSTER By Mayor ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk City of Seal Beach ATTEST: kw - City C erk, Et City of Westminster µ"&C #-N1Ut15 4 CITY OF HUNTINGTON BEACH By Mayor CITY OF SEAL BEACH By Mayor CITY OF WESTMINSTER , West Orange County Water .Board July 27, 1994 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Mrs. Brockway: Maybriee L Johnson, Secretary 2000 Alain Street A 0. Box 190 Huntington Beach, CA 92648 (714) 536-5227 FAX (714) 3 74-155 7 AlexandarBon-ie, Legal Counsel 4920 Campus Drive, Suite A Newport Beach, CA 92660 (714) 851-1300 Donald J. Smith, Engineer Alanager Barrett Consulting Group 1322 Bell Avenue, Suite IA Tustin, CA 92680 (714) 259-1540 Enclosed is a copy of the executed Amendment to the West Orange County Water Board Joint Powers Agreement ratified at the adjourned regular meeting of the Board held July 19, 1994 which changes the fiscal year from July 1 to October 1. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, NVEST ORANGE COUNTY WATER BOARD 7qv4t'�o Almt4� Maybrice L. Johnson Secretary Enclosures cc: Donald J. Smith, Manager/Engineer Ralph Bauer, Director (without enclosure) Earle Robitaille, Director (without enclosure) 01111V1'O B/OLTR AMENDMENT TO WEST ORANGE COUNTY WATER BOARD, JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this 15th day of _ Ju 1y , 1994, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; 3KIINESSETH: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agre-ment"), and WHEREAS, Section 8 of the aforesaid Joist Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 4 of the aforesaid Joint Powers Agreement, providing for the manner in which the West Orange County Water Board exercises its powers, in order to specifically designate the period of the Board's fiscal year. • e�ucw�criuruy►�itua - s 1=7 9 4 . M91% . Dn8 I s NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 2. Section 4 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: "Section 4. The Board shall designate a location for the office of the West Orange County Water Board and designate a date, time and place for the regular meeting of the Board. The Board shall also establish a means for giving notice to each party to this agreement of any special meeting of the Board except to the extent that said notice may be waived by the provisions of the Government Code or other Iaws of the State of California. A quorum for the transaction of business of the West Orange County Water Board shall require the presence of a majority of its members. Any action of the Board shall require an affirmative vote by a majority of the members present at the BAKW&CMUN/pW11956 19M 13 4 - 05109/% - Dnfl 1 meeting. All meetings of the Board shall be open to the public and the Board shall cause its Secretary to keep true and accurate minutes of all meetings which are public documents and shall be available for inspection at the office of the Secretary, by any interested person or concern. In accomplishing the purposes herein specified and exercising the powers granted to the West Orange County Water Board hereunder, the Board shall act in accordance with such requirements as are specified by law for a general law city of the State of California. The Board shall establish such accounts and bookkeeping procedures as are necessary to carry out the purpose of this agreement. All funds shall be strictly accounted for and all receipts and disbursements shall be duly recorded. The financial records and transactions shall be audited by an independent Certificated Public Accountant at least once each year. The audit, provided for herein, shall be completed and available to the parties hereto at the earliest possible date, following the end of the particular fiscal year and in no event shall the audit be completed and made available to the parties later than six B UCW&G/AJN/pW11956 19007 B 4 - 05/091% - Draft 1 months following the end of the fiscal year in question The fiscal year of the Board shall be from October 1 through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written ATTEST City Cler , City of Garden Grove Approved: 6/7/94 ATTEST: City Clerk, City of Huntington Beach ATTEST City Clerk, City of Seal Beach 9AKWhC/AJ'VpWj1956 I H 4 - 05/09/94 - Draft 1 4 CITY OF GARDEN GROVE CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM: City Attorney - Huntington Beach CITY OF SEAL BEACH By Mayor months following the end of the fiscal year in question. The fiscal year of the Board shall be from October 1 through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk. City of Garden Grove ATTEST: i 4it-a City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach 3AKWhWARNW11956 1%W 6 4 - 03+09M - Dnh 1 4 CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH Mayor APPROVED AS TO FORM: City ttorfcW Huntington Beach � 5 1vc. N- CITY OF SEAL BEACH By Mayor months following the end of the fiscal year in question. The fiscal year of the Board shall be from October 1 through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: Clerk, of Seal Beach BAxW&G/AMIpW11856 IM B 4 - 05/09/% - Draft 1 CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM: City Attorney Huntington Beach CITY OF SEAL BEACH ATTEST: City Clerk, cj City of Westminster BAKW&G/AJN/pW11956 1%W B 4 - 05/09/% - Dnft 1 5 CITY OF WESTMINSTER Dated: June 14, 1994 AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEENT, made this d M� ay of 1969, by and between the CITY OF GARDEN GROVE, hereinafter sometimes referred to as "Garden Grove", the CITY OF HUNTINGTON BEACH, hereinafter sometimes referred to as "Huntington Beach, the CITY OF SEAL BEACH, hereinafter sometimes referred to as "Seal Beach", and the CITY OF WESTMINSTER, hereinafter sometimes referred to as "Westminster", collectively hereinafter sometimes referred to as "The Contracting Public Agencies", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; ' W I T N E S S E T HS: WHEREAS, the parties hereto are all of the parties to that certain Joint Powers Agreem_nt executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement"; and WHEREAS, the parties hereto desire to amend Section 6 of the aforesaid Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the Nest Orange County Eater Board; I NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows; Section 1. The parties hereto are authorized by law to contract with each other for the joint exercise of cormnon powers under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid west Orange County Water Board Powers Agreement pursuant to Section S thereof, by the unanimous consent of the governing bodies of each of the parties. Section 2. Section 5 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove hereby is amended to read as follows: "Section 5. Each Director shall receive -such sum as may be fixed by the Board not exceeding Fifty Dollars ($50.00) for each meeting attended by him not exceeding three (3) meet- ings in any calendar month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the meeting in an amount to be determined by the Board. The Board may provide that a member of the Board shall also receive for performing duties for the District other than attending Board meetings an amount not to exceed Fifty Dollars ($50.00) for each day. Additionally, the Board may provide in such instances for travel- ing and other expenses for a member of the Board and the Secretary to the extent that such are incurred in relation to the result thereof. The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF By ATTEST: qt f City Clerk of Garden Grove CITY OF HUNTINGTON BEACH By mayor ATTES - CITY OF WESTMINSTER t By. Mayor ATTEST: if 0111 Zz�� City Clerk of Westminster 0 i AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this 1st day of December I 1993, by and between the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the Jaws of the State of California; W I T N E S S E T H: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the aforesaid Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the West Orange County Water Board. AJN/4201 05/21/93 i r NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 2. Section 6 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: AJN/4201 05/21/93 "Section 6. Each Director shall receive compensation for each meeting attended by him or her, not exceeding three (3) meetings in any calendar month, reimbursement of travel expenses between their place of residence and the location of the meeting, and for performing duties for the District other than attending Board meetings, and other expenses related to such other duties as may from time to time be established by a resolution adopted by the Board and ratified by the City Council -2 -- 0 of each contracting public agency. The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach -3- AJN/4201 05/21/93 CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH f /V611� By Mayor APPROVED AS TO FORM City Attorne -Hun ington Beach CITY OF SEAL BEACH By Mayor of each contracting public agency. The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: CITY OF GARDEN GR ayor City C r c, City o Garden Grove ATTEST: City Clark, City of Huntington Beach ATTEST: City Clark, City of Seal Beach AJN/4201 05/21/93 CITY OF HUNTINGTON BEACH By Mayor CITY OF SEAL BEACH By Mayor -3- ATTEST: City C1 rk, City of Westminster -4- AJN/4201 05/17/93 CITY OF ESTMINS/T/ER By V c` Mayor IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk City of Garden Grove ATTEST: City Clerk City of Huntington Beach of Seal Beach ATTEST: City Clerk City of Westminster CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH By Mayor CITY OF SEAL BEACH B ayor CITY OF WESTMINSTER �z By ow H Mayor Q w� w wo H Q aU H a U November 21, 1969 West Orange County Water Board Paul C. Jones, Secretary P.O. Box 190 Huntington Beach, California Dear Mr. Jones: Please be informed that the City Council of the City of Seal Beach at their regular meeting held November 17, 1969 did rove to approve the proposed amendment of tf.e Joint Powers Agreement of the West Orange County Water Board and authorized execution of the original amendment upon presentaticr. Very truly yours, ody IWL-ir Citv Clerk of beg" . AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT, made this ' day of , 1969, by and.between the CITY OF GARDEN GROVE, hereinafter sometimes referred to as "Garden Grove", the CITY OF HUNTINGTON BEACH, hereinafter sometimes referred to as "Huntington Beach", the CITY OF SEAL BEACH, hereinafter sometimes referred to as "Seal Beach", and the -CITY OF WESTMINSTER, hereinafter sometimes referred to as "Westminster", collectively hereinafter sometimes referred to as "The Contracting Public Agencies", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; W I T N E S S E T H: WHEREAS, the parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement"; and WHEREAS, the parties hereto desire to amend Section 6 of the aforesaid Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the West Orange County Water Board; I NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Powers Agreement pursuant to Section S thereof, by the unanimous consent of the governing bodies of each of the parties. Section 2. Section 6 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove hereby is amended to read as follows: "Section 6. Each Director shall receive such sum as may be fixed by the Board not exceeding Fifty Dollars ($50.00) for each meeting attended by him not exceeding three (3) meet- ings in any calendar month. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the meeting in an amount to be determined by the Board. The Board may provide that a' -member of the Board shall also receive for performing duties for the District other than attending Board meetings an amount not to exceed Fifty Dollars ($50.00) for each day. Additionally, the Board may provide in such instances for travel- ing and other expenses for a member of the Board and the Secretary to the extent that such are incurred in relation to the result thereof. The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the.Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." - 2 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: r City Clerk of Garden Grove ATTEST: City Clerk of Westminster CITY OF By GRO �►n CITY OF HUNTINGTO�NN BEACH By ZI Mayor CITY OF WESTMINSTER t i By. Mayor - 3 - ST NT OF THE ACTION OF CI COUNCIL= Council Chamber, City Hall Huntington Beach, California Monday, December 15, 1969 Mayor Green called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 o'clock P.M. Councilmen Present: -Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Councilmen Absent: N;npen WEST ORANGE COUNTY WATER BOARD - JOINT POWERS AGREEMENT - APPROVED The Clerk presented a letter from Alex Bowie, Legal Counsel for the West Orange County Water Board, giving an explanation of the proposed amendment to Section 6 of the Joint Powers Agreement con- stituting the West Orange County Water Board. Following some discussion by the Council, a motion was made by Councilman Shipley to rescind the action of the Council taken at the meeting of November 19, 1969, denying ratification of the amendment to Section 6 of the Joint Powers Agreement, and approvdd and ratified said agreement. Motion carried. On motion by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned to December 18, 1969, at 5:30 P.M..in the conference room of the Sheraton Inn, Huntington Beach, California, Motion carried. Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST:- N. John V. V. Green PPaul C. Jones Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of'Action of the City Council of said City at their regular meeting held on the lath day of December , 196,97 WITNESS my hand and seal of the said City of Huntington Beach this the l h Lb day of necember 1969 City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy T of Wvs-Intin-strr CIVIC CENTER $200 WESTMINSTER AVENUE WESTMINSTER. CALIFORNIA 92683 714 CODE 833-4511 November 13,.1969 West Orange County Water Board P. 0. Box 190 Huntington Beach, California Attention: Paul C. Jones, Secretary Gentlemen: The City Council at its regular meeting of November 11, 1969, ratified the amendment to the Joint Powers Agreement to allow payment of $50 per day for attendance by.a member of the West Orange County Water Board to any duly authorized meeting which might be beneficial to the Board. The Council also authorized execution of the original document by the Mayor and City Clerk. We will await the receipt of the original document for signatures. Sincerely yours, CITY OF WESTMINSTER Ka harine C. Harper City Clerk KCH:o COUNCILMEN JACK GREEN. MAYOR ALVIN M. COEN TED W. oARTLETT OR. MEN RY S. KAU FM AN JERRY A. pAATNEY GEORGE C. W CRACKEN OR. DONALD D. SHIPLEY City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 December 16, 1969 DOYLE (MILLER Administrative Officer oRA4DER D. CASTLE Assistant Admi nl elrator West Orange County Water Board P.O. Box 190 Huntington Beach, Californin-92648 p - . -- Attention: Paul C.. Jones, ,Secretery,-:.-,- Gentlemen• Please be advised -that the-City.Couiicil"of the City of Huntington Beach; at -its --regular meeting held Monday, December 15,-1969; considered-a'letter from Mr. Alex Bowie, Legal ;Coups el ---for the WDCWB. The Council, by minute action, resciinded 'their action taken at the Melting-of_Novcmber--19,�1969, denying ratification of the;amendment'to-Section 6 of the Joint Powers Agreemtnt, .iiidraOpioved 'and'-,rAtified said amend- r or: l meet. - -... r,` ;,_,.• Sincerely yours, Paul C. Jones City Clerk PCJ:aw JAMES R. WHEELER EARLE ROBITAILLE Director of Public %orks Police Chief VINCENT G. MOO RHOUSE FRANK a. ARGUELLO RAYMOND PICARD Direc, }{arbors, Finance Director Fire Chief Beaches a, Development OLLIN C. CLEVELAND Building Director WALTER W. JONNSON Library Director DON P. SON FA City Attorney WARREN G. HALL Treaaurer PAUL C. JONES City Clerk KENNETH A. REYNOLDS Planning DireftOT NORMAN L. WORTHY Recreation & Parka Director r CITY OF GARDEN GROV E 0A.1jIF0R1TI1'k City Hall . 21391 Acacia Street • 92640 (714) 537-4200 November 21, 1969 West Orange County Water Board Post Office Box 190 Huntington Beach, Ca. 92646 Attention: Mr. Paul C. Jones, Secretary Gentlemen: CITY COUNCIL Kathryn L. Barr, Mayor Laurence J. Schmit, Mayor Pro -Tern Reece Ballard John R. Dean H. Louis Lake The Garden Grove City Council, during regular session November 11, 1969, considered your request for ratification of amendment to Section 6 of the Joint Powers Agreement, concerning payment for officers and directors for attendance at duly authorized meetings. This will advise that City Council approved your request for ratifica- tion of said amendment, and authorized the Mayor and City Clerk to execute said document when it is presented. Very truly yours, CITY OF GARDEN GROVE Lt' I< 4m Ruby K. Sikva, City Clerk RKS:mr cc: Water Department 11 2 3 4 5 6 7 0 a WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREDIENT THIS AGREEMENT, made this,2:G�j-day of �= 1 f 2�19679 by and between -the CITY OF GARDEN GROVE, hereinafter in some in- stances referred to as "Garden Grove", the CITY OF HUNTINGTON BEACH, !hereinafter in some instances referred to as "Huntington Beach", the CITY OF SEAL BEACH, hereinafter in some instances referred to las "Seal Beach", and the CITY OF WESTMINSTER, hereinafter in some in- 10j;stances referred to as "Westminster", collectively hereinafter in 211isome instances referred to as "the contracting public agencies", all 12�!of whom are general law cities formed under and existing pursuant to 131 14, 151 the State of California; u1 16i] ithe general laws of the State of California except Seal Beach and ]Huntington Beach, which exist as charter cities under the laws of W I T N E S S E T H: V,zz =17] s,,,EAS, the parties hereto are one of the original parties, 4 ,1 18,}a-succdssor to one of the original parties, or an additional party 4: i 1 s 19 to existing Joint Powers Agreement and amendments thereto 201under which the.West Orange County Water Board was heretofore 24 25 26 -27 28 29, 301 31� 32 33 !created, and I ' ;WHEREAS.;f it is the desire of each of the contracting public agencies�to 'e'larify the terms and provisions of that agreement as amended, and WHEREAS, each of the contracting public agencies has hereto- Ifore determined and does at this time determine that facilities to (supply the contracting public agencies with a supply of water may �be more economically and efficiently operated by the entity created ,and known as the West Orange County Water Board, and WHEREAS, the contracting parties are authorized by law to contract with each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and r i . a i lj WHEREAS, each of the contracting public agencies is authorize I � 2by law to acquire, construct, operate and maintain facilities for 3 the purpose of obtaining, transmitting, storing, and distributing 4a supply of water; 51 NOW,9 THEREFORE, the contracting public agencces for and in i i 61consideration of the mutual covenants herein contained do agree and I V exercise the foregoing common power as follows: 811 SECTION 1 f g This agreement is made under the provisions of Article I, 10 Chapter 5, Division 7, Title 1 of the Government Code of the State 1 ll1of California and is for the purpose of constructing, operating and i2 maintaining facilities.for obtaining, transmitting, storing, and 1 131distributing water to the parties to this agreement. 14 SECTION 2 ` 15� The parties hereto have created and do hereby create a sep- U� 161arate public entity known and designated as the West Orange County � F 3.,71Water Board. Said entity was created for the specific purpose of W ao 18 constructing, repairing, maintaining, operating and administering L� 7S) a joint pipeline or pipelines and other facilities for obtaining, 20�transmitting 2 storing and distributing water to the parties hereto. a 2111t is specifically agreed that the West Orange County Water Board 22Imay take, acquire, purchase, lease, hold and own real and personal 23 property in any manner and of every class or description, contract 24 IWith public agencies, private persons and corporations; exercise 25Ithe right of eminent domain either by itself or in conjunction with 26lany one or more of the contracting public agencies; sue separately 27 or in conjunction with any one or more of the contracting public 28 agencies; adopt rules and regulations for the works and facilities 29 operated, maintained or controlled by it; employ or contract for 30iservices and labor by individuals, as well as public and private 31 Icorporations,Vand-to do -all -things necessary or convenient for the 32.�proper performance of this agreement and the purposes herein spec- 33 ified. il -2 �.i 1 2� 3 4 5 6 SECTION 3 The Board of Directors of the West Orange County Water i Board shall consist of five med3ers. Garden Grove, Seal Beach ;and Westminster shall each appoint a person to serve as a member jof the Board and Huntington Beach shall appoint two g pp persons to Iserve as members of the Board. Each member shall file with the 7�1 West Orange County Water Board a certified copy of the resolution I 8. or action of the contracting public agency which appointed them. 9.i Persons appointed to be a member of the Board of Directors need 10Inot be a member of the City Council or governing body of the 11 contracting public agency which appointed them. In the event 12that additional entities or concerns become a party to this agree- 131ment as hereinafter provided, then the membership of this Board Id shall be increased by one member for each additional party to the I 151agreement unless all of the parties shall agree otherwise. 171 18 19 20 21 221 23 24 25 26 27 28 29 30 . The Board shall govern the affairs of the West Orange County Water Board and shall annually designate one of its members to serve as Chairman of the Board. He shall preside at all meetings !In his absence, the remaining members of the Board shall appoint a 311;4 321 4 1� member to act as Chairman pro tem. The Board shall appoint a Sec- retary who may appoint an assistant secretary for the purpose of conducting and recording the affairs of the West Orange County Water Board. The Board may employ additional personnel to conduct the financial and administrative affairs of the West Orange County Water Board or may contract with one of the parties or any public or private concern to provide such financial and administrative service as the Board may deem necessary from time to time. SECTION 4 The Board shall designate a location for the office of the -3- I 2 4I3• 4 a' 71 West Orange County Water Board and designate a date, time and i place for the regular meeting of the Board. The Board shall also establish a means for giving notice to each party to this agree- ment of any special meeting of the Board except to the extent that said notice may be waived by the provisions of the Government Code or other laws of the State of California. A quorum for the I 1 transaction of business of the West Orange County Water Board 8' shall require the presence of a majority of its members. Any action of the Board shall require an affirmative vote by a 10; majority of the members present at the meeting. All meetings of 3.4 the Board shall be open to the public and the Board shall cause 1 12i its secretary to keep true and accurate minutes of all meetings 13ij which are public documents and shall be available for inspection 3.411at the office of the Secretary, by any interested person or 5t, concern. a3 W1 16 .17 a� zW 18 6p aK 20 21 22 23 24 25 26 27 28 29 30 31 32 in accomplishing the purposes herein specified and exercising' the powers granted to the West Orange County Water Board hereunder, the Board shall act in accordance with such requirements as are specified by law for a general law city of the State of California. The Board shall establish such accounts and bookkeeping pro- cedures as are necessary to carry out the purpose of this agree- ment. All funds shall be strictly accounted for and all receipts and disbursements shall be duly recorded. The financial records Iand transactions shall be audited by an independent Certified Public Accountant at least once each year. The audit, provided for herein, shall be completed and available to the parties hereto at the earliest possible Cate, following the end of the particular fiscal year and in no event shall the audit be completed and made available to the parties later than six months following i Ithe end of the fiscal year in question. SECTION S The expenses of the West Orange County Water Board shall be -4- a3 zr O 2I 3: 41 ;borne by the parties hereto on the following basis: ia) Each entity shall be charged and pay for on a monthly lbasfs, the water obtained by it from the West Orange County Water !Board. The amount shall be determined by the cost thereof to the 5;West Orange County Water Board. 6 b) Costs of operation, maintenance and administration, 7!including directors fees, engineering services; legal fees and 1 8;scosts, accounting and administrative costs, including the expense 9lof a secretary and assistant secretary, office supplies, and an 3.0�iannual audit as well as such insurance as the Board may cart f � Y Y, 11:shall be borne by each entity on the basis of ownership. Ownership 12:1shall be determined on the basis of each party's proportionate 131share of the total cost of constructing all facilities operated 141and maintained by the West Orange County Water Board. In this re- i 15igard the cost to County Water Works Districts Nos. 3 and 5 of those 16, facilities leased to the cities of Garden Grove and Westminster I' IE 1S 2C 27 2' 22 24 2F 2( 210 2E 25 3C 3] 3A shall be used in computing the proportionate share of ownership of all facilities operated by the West Orange County Water Board. It is acknowledged that ultimately Garden Grove and Westminster will be the owners of those facilities. c) The cost of constructing any additional facilities shall be on the basis of capacity in said facilities or as agreed upon by all the parties. No party to this agreement shall be obli- gated to participate in constructing any facilities nor is any party in any way obligated to pay for any portion of the cost of constructing any facilities in which it does'not have an interest. d) Should it be determined that the West Orange County Water Board is, for any reason, liable to any person or concern, then the cost thereof shall be borne by the parties hereto on the basis of ownership. The extent of such liability shall be deter- mined on the basis of each party's proportionate share of the total cost of constructing all facilities operated and maintained -5- 1 2 3 4 5: :by the West Orange County Water Board. Such costs shall include ;all expenses relating thereto, including the defense of the West (Orange County Water Board and its officers and employees, inclusive of legal fees and costs. 6iy In order that funds will be available during the year to i 74meet the expenses of the West Orange County Water Board, and in or-' 8.1der that each party to this agreement may budget for its portion of i i 9!the expenses of the West Orange County Water Board, the Board shall, 10: in April of each year, estimate its costs of operation, maintenance, 14 and administration for the next succeeding fiscal year. The budget 12i shall show the estimated share of each party to this agreement as 1311herein provided. The governing body of each party shall act upon 14 the proposed budget prior to July 1 of each year and shall pay 15�to the West Orange County Water Board as a deposit against the i 161charges of that entity for the next fiscal year, one-half (112) 171of said amount on or before August 1 and one-half (112) of said i 181amount on or before February 1 of each year. In the event that 3.91an entity's deposit exceeds its costs as herein provided, the 20i,�balance thereof shall be credited against the deposit for the next 21' 221 23 24 25 26 27 28 29 30 31 3' succeeding year or returned to the entity as it may request. In the event that the costs or expenses of one of the parties to this agreement exceed its deposit of funds as herein provided, additional funds in an amount determined by the Board shall be deposited upon (demand by the West Orange County Water Board. SECTION 6 Directors shall be compensated for attending meetings of the Board of Directors in an amount fixed by the Board, which iamount shall not be in excess of $50.00 per meeting and not in excess of $150.00 per month. Additionally, the Board may provide -6- EXCERPT WEST ORANGE COUNTY IVATER BOARD "MINUTES If Administrative Annex, Civic Center Huntington Beach, California Wednesday, June 25, 1969 The regular meeting of the {Pest Orange County ;later Board was held in the Administrative Annex, Huntington Beach, California, on Wednesday, June 25, 1969. The meeting was culled to order at 4:00 P.M. by the Chairman, II. Louis Lake. ROLL CALL Members Present: Lake, Jarrett, Bartlett, McCracken, Anderson Members Absent: None ******************************************** SECRETARY AND ASSISTANT SECRETARY — SE:RVICES INCREASE On motion by Anderson, second Jarrett, the Board authorized an increase in the amount paid for servies to the Secretary and the Assistant Secretary to $150 per month and $75 per month respectively, to become effective on July 1, 1969. Motion carried. - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - -- On motion by Bartlett, second Jarrett, the regular meeting of the 17est Orange County ;Pater Board adjourned. Motion carried. Paul C. Jones Secretary Kest Orange County Dater Board APPROVED AND ADOPTED: II. Louis Lake cliairman West Orange County Water Board" STATE OF CALIFOMYIA ) County of Orange ss: City of Huntington Eeach I. PAUL C. JO,NES, the duly appointed, qualified and acting Secretary of the ~Pest Orange County water Board, do hereby certify that the above and foregoing is a true and correct Excerpt of the Minutes of the regular meeting of the West Oran --,a County Water Board held on June 25, 1969. WITNESS ray had this 180 day of August, 1969. Ca-....L Secre y West Orange County Dater Board . _ - , IX; YI OF zZ �o ai I 2 3 4 5 h for the reimbursement of traveling expenses for Directors between their place of residence and the location of the meeting. The Board may provide for the payment of the expenses of a director or jthe secretary if such are directed by the Board to attend any (,meeting or other activity which it is determined by the Board to 61Ibe in the best interest of the West Orange County Water Board and 711which relates to the accomplishment of the purposes herein provided II 8.ifor. The Secretary and Assistant Secretary,_if there be one, shall a lot 13 3.4 15 16� 17 18 19 201 21 22 23 24 25 26 27 28 29 30 31 32 .be compensated for their services on the basis of $100.00 per month land $50.00 per month, respectively, unless the Board shall other- iwise provide. The compensation herein provided for shall be in addition to any other fee or compensation to which the person jentitled thereto might otherwise be entitled to receive by reason Iof some other office or position which they may hold. SECTION 7 Whenever any municipality, district, corporation or other !public agency, organized and existing under the laws of the State of California, or under the laws of the United States of America shall desire to become a party to this agreement, its governing body shall, by resolution or otherwise find and determine that it will be to the best interest and advantage of such entity or public agency to do so and shall authorize the execution and signing of this agreement upon such terms and conditions as may be agreed upon by the parties hereto. SECTION 8 The terms and provisions of this agreement may be altered or amended from time to time with the unanimous consent of the governing body of each party hereto. Any of the parties hereto having the sole use or ownership of any section of the facilities to be operated and maintained by the West Orange County Water Board may determine that it is to their advantage to maintain and operate ,such facilities themselves and thereafter such party or parties -7- M; Y. a W Zz 4(0 0 adiC 9 2 3 by the action of their governing body may notify the West Orange i County Water Board of their decision and within thirty (30) days after the receipt of notice of such a determination said party or 4: parties shall take over the operation and maintenance of such i 51 facilities. Upon such action the West Orange County Water Board 6i shall be relieved of its obligation to operate and maintain those 7lfacilities. With the unanimous consent of all parties hereto this I; 8� agreement may be terminated upon ninety (90) days written prior 91 notice to the West Orange County Water Board at which time the 10affairs of the West Orange County Water Board shall be concluded 11� and any assets and funds shall be distributed to the parties to 121 this agreement in --proportion to the contribution to which each 131 party contributed to said assets. 1� 1 1� Ir if is 2C 23 2� 23- 24 25 26 27 26 29 30 311 324 SECTION 9 I Any notice or instrument required to be given or delivered hereunder may be delivered by depositing the same in any receptacle l Hof the United States Post Office by registered or certified mail, postage prepaid and addressed as follows: 4 WEST ORANGE COUNTY WATER BOARD ' P. 0. Box 190 Huntington Beach, California CITY OF GARDEN GROVE 11391 Acacia Garden Grove, California CITY OF HUNTINGTON BEACH Civic Center Huntington Beach, California CITY OF SEAL BEACH 201 8th Street Seal Beach, California, and CITY OF WESTMINSTER 14381 Olive Westminster, California or at such other address as may be designated by similar notice. i IN WITNESS WHEREOF the parties hereto have caused this t -8- l 2 3 4 5 6 7 i 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 instrument to be executed the day and year first hereinabove written. ATTEST City Clerk, City of Garden Grove ATTE City er City of Huntington Beach ATTEST: y C T r City of Seal Beach CITY OF GARDEN GROVE By 0-1 Mayor CITY OF HUNTINGTON BEACH B Mayor f _7 C CITY OF WESTMINSTER ATTEST: C By ayor CiV Clerk (City of Westminster i 50 7 r ' r 1 RESOLUTION NO. &I-GG7 ( 2 RESOLUTION OF THE BOARD OF DIRECTORS OF WEST ORANGE COUNTY WATER BOARD 3 DETERMINING PERCENTAGES FOR ALLOCATION OF COSTS OF OPERATION, MAINTENANCE AND E 4 ADMINISTRATION 5 r 6' 7 8 9. 10 11 12. 13' 1 4: 15'! 16 i nf, is 20 211: 22: 20, �r y 2A;; 251 26I� 27 28 IJ 29 34 31 32 WHEREAS, the Joint Powers Agreement providing for the exist- 'ence and operation of the West Orange County Water Board has been revised and recommended by this Board for approval by the parcicip ating entities, Garden Grove, Huntington Beach, Seal Beach, and Westminster, and WHEREAS, the City Council of Carden Grove, Huntington Beach, Seal -Beach and Westminster have approved the proposed revised Joint Powers Agreement providing for the creation and operation of the West Orange County Water Beard, and WHEREAS, the agreement approved by -each of the participating entities provides that costs of operation, maintenance and adminis- tration including director's fees, engineering services, legal fees and costs, accounting and administrative costs, includizig the ex- pense of the Secretary and Assistant Secretary, office supplies and an annual audit, as well as such insurance as the Board ray ! carry shall be borne by each entity on the basis of ownership, and WHEREAS, said agreement provides that ownership shall be determined on the basis of each party's proportionate share of the • f � total cost of constructing all facilities -operated and maintained j by the West Orange County Water Board, and WHEREAS, the percentages hereinafter set forth were deter- mined on the foregoing -basis and presented to each entity at the time of the approval by that entity of the revised .Joint Powers Agreement providing for,the creation -and operation of the West Orange County' i&txer =Board; .. N0W, - T13131X r, . be' it resolved, determined and ordered as follows: ... . cM ;;C ' E Cha n o he WEST ORANGE COUNTY WATER BOARD and of the Board of Direc- tors thereof. ATTEST: Secretar�yy o� t EST ORANGE COUNTY WATER BOARD and of the Board of Directors thereof. Aw `7 I i' 1) That the'cost of operation, maintenance, and administra- tion of the West Orange County Water Board shall be borne as fol- . I 3 ! lows: 41 Garden Grove 7.8%. Huntington Beach 52.5% 5. Seal'Beach 14.3% f Westminster 25.4% 7;; .2) That the foregoing percentages represent a composite 8; figure of the proportionate share of the total cost to each entity of constructing West Orange County Feeder'No.-1 and West Orange 101 County Feeder No. 2, these being the facilities which are at this ! If! time operated by the West Orange County Water Board. 3) That the Secretary of the West Orange County Water Board 13�1 be and -the same is hereby directed to transmit a certified copy I Ic of this resolution to the City•Clerks of Garden Grove, Huntington ! 15 Beach, Seal Beach and Westminster. - 16� 17; ADOPTED, SIGNED and APPROVED this 'day of October, 1967. 18;± 191 20 21 22 23 24 25 26 27 ,28 4, J 4 I .- -__ --_ —__ — _---__.____ _i — r � � L % � w 31 4 5' 6j 14 !! 15 II , STATE OF CALIFORNIA ) J ss COUNTY OF ORANGE • I, PAUL C. JONES, Secretary of the Board of Directors of the WEST ORANGE COUNTY WATER BOARD, do hereby certify that the fore- going resolution was duly adopted by the Board of Directors at a regular meeting of said Board held on the 75th day of October, 1967, and that it was so adopted by the following vote: AYES: DIRECTORS: Lake, Jarrett, Gisler, Green, Hamilton NOES: DIRECTORS: None ABSENT: DIRECTORS: None Secretary of the NEST ORANGE COUNTY I WATER BOARD and of the Board of Directors thereof. 22' ' 23 ` 241 r 25 26 .27 29 •�:.�in: it� {� � may. }�;; •.f-.t _ i Pg r I! 11, STATE OF CALIFORNIA I� ss 2COUNTY OF ORANGE 3 I, PAUL C. JONES, Secretary of the WEST ORANGE COUNTY WATER 4� BOARD do hereby certify that the above and foregoing is a full, I 51 true and correct copy of Resolution No.G4-•G;of said Board, and i. 6': that the same has not heretofore been amended or repealed. 7: Dated this Z52 day of October 1967• 9. I Secretary of the/WEST ORANGE COUNTY WATER 10. BOARD and of the Board of Directors thereof. i 12 13 •! 1; 14 -; 15'. � • c� S 16 ;, 17. z =. IX 19 �) I 201! 21I. 22,! 24 i •27 281 29 30 32 +r,,, '`1.U. �f.�...; •, r w �, fib:#' i W#• r 4 Ab + A ' f7,ciCa/:/,yid -�-ems- l� AGREE 9 E N T TIHI9 AGREE.M:ENT, made and entered into as of the 1s... st _........,.. day of December , 19530 by and between the CITY 4F HUNTINGTON BEACH* a Municipal Corporation organized and existing under and by virtue of Section 8, Artiolo XI of the Constitution of the State: of California, and having a. Charter, hereinafter designated as HUNTINGTON BEACH; the CITY OF BEAL. BEACH, a Municipal Corporation of the Sixth Claw, herein. - after designated as BEAL BEACH* ORANGE COUNTY WATERWORKS DISTRICT NUABER THREE, hereinafter designated as DISTRICT NUMBER THREE, and ORANGE COUNTY WATERWORKS DISTRICT NU14BER FIVE, hereinafter designated as DISTRICT NUMBER FIVE, W I T N E B S E T H 0. WHEREAS, the parties to this Agreement are municipal corpora - Lions and waterworks districts existing within and a part of Orange County Municipal hater District which was organized for the purpose of meeting, with the requirements of the Metropolitan hater District of Southern California for annexation and securing crater from said Metropolitan Water District; and WHEREAS, said Orange County Municipal water District or they municipal corporations and waterworks districts existing; within and a part thereof will be required to construct facilities for transporting water from the point of delivery by the Metropolitan Water District to the distribution facilities of the various constituent members; and hEREAB, they parties. -hereto have heretofore entered into an agreement and contributed funds for the purpose of employing engineers to make a study and obtain information with reference to the nature, extent ark; coat of the facilities required, and. WHEREAS, it is the desire of the parties to this agreement to rake provision for the, financing and construction of facilities recommended by said engineers, and to determines whether or not the J construction of such facilities can be financed and to make provision 1. for the joint exercise of powers and to select and constitute an agency to administer and execute this agreement; and WHEREAS, portions of said water distributing system will be jointly owned by two or more of the parties to this agreement, and portions thereof will be wholly owned by the respective parties; that the percentages of joint ownership of such portions cannot now be determined but will be determined by the report of Harrison & Woolley, the Consulting; �.ngineerss t�:, be submitted to the parties as soon as possible,• that the portions of the water distributing system to be owned by one or more of the parties here- to shall be as determined by the report of said Engineers after the same has been approved and accepted by all of the parties to this agreement (or as the same may be modified by the said parties) and the same shall be set forth in an exhibit marked "Exhibit A" and attached to this agreement, and made a part hereof, and said exhibit shall thereafter determine the propor- tionate participation or contribution to be made by each of the parties hereto, now, therefore, Each of the parties to this agreement, having been duly qnd regularly authorized to to do by proper resolution of their legislative or governing body, do hereby agree as follows: 1. That the terms of this agreement shall be adminis- tered and executed by a board comprised of the following• persons: (a) A member of the Board of Supervisors of Orange County, duly and regularly appointed by said Board of Supervisors; (b) A member of each of the City Councils of the Cities of Huntington Beach and Seal Beach, duly and regularly appointed by the City Councils of said cities, respectively. Said board shall be officially designated as Pest Grange County Water Board . 2. It shall be the duty of said board, in accordance with the recommendation of the Engineers employed for that 2. i r purpose, and in accordance with the directions of the parties to this agreement, to acquire the public improvement desired for the purpose of supplying the inhabitants of the respective parties with water and which may embrace any or all of the following: The acquisition, oonstruetion, installation, completion, extension, repair or maintenance of waterworks, structures and appliances and water transmission facilities, and the acquisition, by purchase, condemnation, contract, lease, or otherwise, of lands, rights of way, water, water rights and water service, necessary or convenient for such purpose, and to repair and maintain such nearly constructed waterworks, structures and appliances presently owned by the parties 0 this agreement or to be constructed and erected kereunder. 3. WitIn a reasonable time after Via submission of the pre- liminary report of Harrison & Woolley, Consulting Engineers, the parties to this agreement shall determine whether or not the con- struction of the proposed water distribution system is Feasible and shalldetermine the method of financing to be employed by each of the parties to this agreement, and, in the event that a bond issue is necessary or desirable for the purpose of financing the share of any or all of the said parties, the same shall be submitted to the voters of the respective parties within a reasonable time after the determination of the feasibility of said plan. 4. In the exercise of the powers delegated to said Board It shall be, and is hereby authorized to perform the fallowing duties and functions for and on behalf of the parties to this agreement, in clarification and not in derogation, of the powers granted in paragraph 2 above: (a) To employ engineers for the preparation of plans and specifications for any of the work hersih mentioned or for any unit of said work, and to enter into a contract or contracts on behalf of its principals for the performing of said services; (b) To advertise for bids for furnishing materials and for the construction of any of the facilities herein described, to 3• receive bide thcrcfor, to accent the bids of the lo::eot and beet rer onaible bias.—.g an& to xrarc. V-.e contract or contraete and executo the cmno for eAd nateriala or se±d construction iror::; (c) Thwt, if it beco:�ea necessary to a^quiro by Furoh,-xa or conternr:tion =7 lzrxAs or ri fr.ty of vray to b^ uoed in connection with t Ae construction cr operntion of paid facilities# caid Board aha11, negotLate for the purchn-se thereof or shall cauce cue% action for oonderation thereof to bo brciuE�jt in the nee of the party or prrtics to thin ngroenont, if neconuary, and ray n^.'co 'cue% purelmooc and casco such action fo. conda=vition t3 be rraulfit, or co:7ronice the 11=to# in ite ASacrction; (d) PcrSorn Vfte abore &Alegi, an-"* cuc h other duties n:� r...,ty be requeote,i of it by the L-overnirte bodies of the parties rereto , provie.eri, hovever, . tbat the po:rerr o: c a a Board, and the n wmer of oxereiain- calf .povers, rhsll be limited to those po:rers Cr: ntcd and the ntynner of ereroialq; the se.nes as aro cot fcrre3 upon County Vatervoelza Distri::t ZTo. 3 of Oran,-,v County under the Frovisions of t11e County vlatc=orhn Pictrict being Division U of the Water Code of the Otate of California. �. For the purpoce of payinS for the proposal v.-ter Uctri— bution ayztc- hereinabove referre.to, there shall bo oreated and ectabliaherl a Conctruction Fund into i&dch each of the partl.es hereto shall cause to be tran2ferred out of nonny recalve!L crow the tale .of its bonds or fro= tho proceeds of other nothoda of finaneinw, sufficient of maid Sunda to aal:o a. totsl. of 40200#000.00 , each of the parties hereto tr;neferrint; into aald funl a shrre equal to itr percentaCe of ovnership in the propoa, l tinter dletributton cysten an chmm or. "Exhi'bit All to be cttacherd hereto, fund =ny be paid ronthly the enCincerin- casts, co that out of grid the prorrec^ paynerte provided In -construction contract^ and the bills for eosto of ri&.te of tray# land, r.-teriale, labor aril ounnlieo no. -ruin[; nonthly. A.he- costs of ri�,,hts of fmy Pn& land[ c ail inclulo all e=,nensca in If V acquiring the same, whether by purchase or condemnation or other means, if such is necessary. When such payments are made from such Con- struotion Fund, the parties hereto shall pay into said Construction Fund, in proportion equalling their rights of ownership, sufficient of said money to restore it to the said sum of $200,000.00. Provided, however, that when the work herein described has progressed to the point where the unpaid portion of the sums to be paid on contracts or for land or rights of way to be acquired, the materials and supplies to be purchased, labor to be performed, inclvLng engineering costs and other oxpenses properly chargeable to Construction, have been reduced to as sus less than 0�2000000.00j the payments into said Construction Fund need not exceed the sum necessary to bring such fund up to equal the total of such unpaid, bills and contracts, 6. For the purpose of making disbursements out of said Construction Fund as above set forth, the City of Huntington Beach shall be constituted the disbursing; agent of the parties to this agreement, and the depositary of such funds, axed. shall pay out all of such expenditures as approved in the manner hereinafter set forth. In acting as such depositary and in paying approved e2penditures, the City of Huntington Beach shall: (a) Deposit all funds received in a special fund to be designated as *Orange County Munieaipal Water District Construction Fund"; (b) Make payments from said fund only upon a requisition signed by the Chairman of the Board and accompanied by resolution of the Board authorising the payment. copy 'b 'the approved demand s • s by e depositary shall be furnished to each of the parties to this agreement, together with a break dawn thereof showing the percentage and the amount of the funds of each entity expended for the purpose of satisfying said demand. The governing Board of each entity shall thereupon authorize Its Treasurer to reimburse said fund in the amount expended for the benefit of such entity and forthwith 5. transmit sufficient funds .out of the proceeds of its bonds to -the City of Huntington Beach to maize such reimbursement in accordance with paragraph 5 hereof. Tho foregoing pr000dure shall be continued until all costs and expenses in.connaction with the acquisition of land and rights of way, and the oonstruction of said,facilities, are paid and the work. completed. Any balance remaining in the Convtruot,ion.ftad shall be apportioned a=ng tilu parties hereto, to that .the portion remaining in the, Fund.., which has been paid.into the Fund by each of the parties, would be returned to - suoh parties. All engineering and. inspection fees &nd 4ttorneyslf fees and other auth inaurrod in connection with said wort shall 'be considered construction eonts. "Gh of t1le parties hereto uY4*11 have 'the perpetual right to the usa ct &II Of such portions of the "Water Distribution System and. Water, Transmission TsLailitles* and than units thereof in the percen- tages as shall hereafter be established as shown on "Exhibit A" to be attached hereto, which percentage shall establish and determine the capacity rights thereof of each of the,s&id partleo, None of the said parties shal' .L in any wary grant, ewouxUer, limit or restrict its interest or ownership in,any ivart of said. "Systemo or seek -to partiti*n the same or have any par% thereof set apart in severalty or uas said part for_ any purpose other than the distribution of water without the prior consent of the other parties, to this &graament.,, 8. After the eompletiort of the acquit-ition And eonstruction of said "System", the parties to this agreemontL shall have a, joint administrative ora4nizat3on for the; parpose of operating and main- taining said *System", and shall have the same a4m1nistrative, operational and x&1nt*n&nee ewployqps as way. be n*eessary for the economical and efficient operation and maintenance thereof,, which said joint. administrative organization shall be administered by the Board created herein. In the event,that the parties to this, agreement shall so d1tec$, said Soard may enter into a contract with one lof the parties hereto or with other qualified agencies for such Administration, operation and malt tenanee. 6# Each -of th`�—, _ arties to this .agreement 11 from time to time "transfer so much of its funds, exclusive of its funds derived from the sale of bonds, into a joint administrative fund as may be necessary, which shall be used to pay the expenses of such joint administrative organization or the cost of such administration, operation and maintenance, under a contract. The contributions of the respective parties to said joint administrative fund shall be in proportion to the proportional cost of the facilities above described and any extensions or additions thereto of the respective parties. Provided, however, that, if any of the parties hereto having the use of or ownership of any section of said facilities not jointly owned b° one or more of the parties to this agreement shall decide that it is to its or their advantage to maintain and operate said sections, and such party by resolution of its or their governing bodies decide so to do, and so notify the joint administrative organization of such intention, then such party, within 30 days after service of said notice, shall take over the said duties and shall pay the cost of such maintenance and operation, and the joint administrative organization shall be relieved of such duty until requested to reassume the same by the governing board of such party or parties. 9. Each of the parties to this agreement shall take such action as may be necessary by the levy of taxes or otherwise to assure the receipt of sufficient funds to comply with the provisions of paragraph 8 above. In order to enable said parties to make a tax levy for the purposes of such operation and maintenance, the Board shall, on or before the 30th day of June in each year, furnish to the governing board of each of the parties to this agreene.it, a budget showing the funds necessary to be raised for the maintenance and operation of said "System" for the next fiscal year and shall show the allocation of said funds and the proportional participation therein of trash of the parties to this agreement. 10. Whenever any municipalities, corporations or other public agency within the County of Orange, organized and existing under the laws of the State of California or under the laws of the united States of America shall desire to become a party to this agreement and its governing body shall, by resolution or otherwise, find and determine that it will be to the interest and advantage of such public agency so to do and shall authorize the execution and signing of this agreement, such public agency may become a party 4hereto upon 7. the mutual consent of all of the parties hereto as evidenced by resolution adopted by their respective governing bodies, which reso-- lution shall permit such other public Agency to execute a & sign this agreement upon such terms and conditions as may be set forth in said resolution, including the payment of such sum as shall be determined by said parties, and each of said public a;7-enoies shall, after full compliance with said terms, have the perpetual right to the uce of said facilities in such proportion as shall be determined by said resolution permitting such additional parties to participate herein. 11. This Board shall have the power to -fix the amount of compensation per meeting to be paid to each member of the Board and to the secretary of said Board, for his services for each meeting . attended by him; provided, however, that such compensation shall not exceed t10.00 for each meeting of the Board attended by him. toget:ier with eapenres necessarily incurred by him in traveling between his place of residence and the place of meeting and provided, further, that no person shall receive compensation for attending more than three (3) meetinge of the Board during any calendar month. The compensation herein mentioned ahall be in addition to any other fees or comneneetion allowed by lair for any other official post occupied by members of this Board, or the SeoretF.ry thereof. 12. This Board may ,from time to time, employ engineersq surveyors and other qualified persons to perform the work necessary to be performed to accomplish the objects of this agreement, and may employ such other persons -as it shall deem necessary and, desirable to carry out the objeots.thereof and fix the compensation to be Paid to al of such persons so -employed by it. It shall have the power to remove any and all such employees as it may deem necessary or desirable. 13. The terms and -provisions of this agreement may be altered, amended or departed from or construed to rave been waived `! 8 when the unanimous consent and agreement thereto has been expressed by the resolution of the governing bodies of each of the parties hereto speoifteally authorizing said amendment or departure from the terms hereof. Each of the parties hereto has,, by resolution of Its governing� Board. duly Introduced, passed and adopted, certified copies of which are hereto attachado authorized the Chairman of its governing Board. , and Its Secretary to execute and deliver to eaoh of the other parties this agreement executed In counterpart. written. This Agreement wap executed the day and year first above any or Hunumm Brev --Roy Seabridge wor and John L. Henricksen MY Clerk CITY OFF SEAL BrACR' By: Frank L. Shufelt ay rr and F * W. Hickman My Cle'rT, OPANGE COUNTY WATERWOPIS DISTRICT NulkBER THREE Willis H. Warner MIMWOF its B607 of Directors and B. Jo Smith Tts 'georet;Zr—y ORANGE COUNTY WATITY-VORKS DISTRICT Ni, MM nVE Jay.: Willis H. Warner MA -Min OrTfs Direots:,rs and B. J. Smith Tfs searefary 90 RESOLUTION N0, 821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EX- ECUTION OF AN AGREMENT WITH THE CITY OF CHUNTINGTON BEACKv ORANGE COUNTY WATER- WORKS DISTRICT NUIMMER THREE AND ORANGE COUNTY WATERWORKS DISTRICT UUYBER FIVE PROVIDING FOR THE -CONSTRUCTION DF FACIL- ITIES FOR TRANSPORTi.TIOZI OF WATER F'E'.OM TITS METROPOLITAN WATER DISTRICT OF SOUTH- ERN CALIFORNIA. ' WHEREAS, there has been prepared an Agreement to be entered into as of the first day of December$ 1953s the parties to which are the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH, ORANGE COUNTY VATERWOFKS DISTRICT NUMBER THREE, and ORANGE COUNTY WATER- WORKS DISTRICT NUMBER FIVE; and WHEREAS, the parties to said agreement will be required to construct facilities to transport water from the point of delivery by the Metropolitan Water District in order to secure water from said Metropolitan Water District; and kHEREAS$ it is for the beet interests of the City of Seal Beach that said agreement be executed; and WHEREAS, the members of the City Council of the City of Seal Beach are familiar with all of the terms and provisions of said agreement; and WHEREAS, the governing Bossd of the City of Seal Beach is its City Council, the Chairman df its governing Board is its Mayor and Its Secretary is its City Clerk; and WHEREAS, it is the desire of the City Council of the City of Seal Beach that the City of Seal Beach become a party to said agree- ment, NOW, THEREFORE, the City Council of the City of Seal Beach does resolve as follows: - SECTION It The Mayor and City Clerk are hereby authorized and directed to execute and deliver to each of the other parties, In behalf of the City of Seal Beach, that certain Agreement dated J -1- December 1, 1953, the parties to which are the CITY OF SEAL BEACH, the CITY OF HUNTINGTON BEACH, ORANGE COUNTY WATERWORKS DISTRICT NUMBER THREE and ORANGE COUNTY WA TER WORKS DISTRICT NUMBER FIVE. SECTION The City Clerk shall'6ertify to the passage and adoption of this: Resolution by the_.City Council and deliver four certified copies• .thereof to the Mayor for annexation to said Agreement. INTRODUCED, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH at a regular meeting thereof held on the 1-st day of December, 1953. Z ' MAYOR OF THE CITY OF AL BEACH ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) I, F. W. HICKMAN, City Clerk of the City of Seal Beach and ex-officio Clerk of the City Council of the City of Seal Beach do hereby certify that the above and foregoing Resolution No. 821, was regularly introduced, passed and adopted by the City Council o}• the City of Seal Beach at a regular meeting thereof held on the the first day of December, 1953, by the following vote: AYES: Councilmen Bowen, Lawhead, Leonard, Webster, Shufelt NOES: None ABSENT: 1 None Dated: December 1, 1953 .-- Arr CITY CLERK OF THE CITY OF SEAL BEACH • �i -- .• � fir* I.� 1 2 3 4 5 6 7 6 10 11 12 13 14 �r=15 °03 t" 16 E�u 0017 u 18 IA 20 21 22 23 24 25 26 27 26 30 32, RL S0LM41O:- OF THE D.1ARD OF ., , ERVI S0 .,S OF ORANGE COUNIYa CALIFOr.: JIA, ACTING AS Tip GOV r".;U G M. IM' OF OiIji"GE CGVIW C:ATE-riVC) r, DISTRICT 1110. 3 A-M OrJJ, E COLUrY VATERM�M'-S DISTRICT I.Q. 5. December 14, 1954 On action of Supervisor Yeatherly, duly seconded end carried, the following Resolution rtas adopted: WHEREAS, an agreement was made end entered into on the 1st day of Gocerber, 1953, betwoen the City of Puntington Beach, the City of Seal Beach, Orange County Waterworks District No. 3 and Orange County Vater- :.orks District No. 5, which agreement, made under the provisions of the Join , Powers Act of the Qnte of California, was Mr the purpose of plan- ningend constructing ,point end several facilities for transporting water from the point -of delivery by the MctrapQit n Vtiter District to the dirtrib►,rtion Acilitie: of the va.riovs constituent menlers; and MEREAS, the City of Huntington Batch and the too County Vater orks Districts have voted the bonds necessary to raise the eoncy required to construct their respective portions cf the joint improvement and their individual facilities; and 'cif.+ MAS, the design engineers employed by the constituent egencies have made a preliminary report together with estimates of colt£ of said joint and ceveral tvrks, and arc ready to prcce Q with the additional planning, design and estimates to enable such construction to be offered for bid; and VEEREAS, it is necessary that such construction be expedited to en- able water to be delivered to the constituent agencies at as early a date at is possible; cnd WHE.REAS, the City of Seal Beach has failed to authorize the bonds nececsery to raise the coney_ -to construct itz portion of the joint and roveral works, and does not have sufficient funds available from other , r sources; -and MMIE141i by reason of Ke above, the purpose of raid agreement of . ilecember 1, 10% has felled, and is impossible of eccomr lisixient in accordance with raid contract. 1. i 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 96Zz lg ono UUW 16 OZG 0o 17 U 18 19 20 21 22 23 24: 25 26 27 28 29 30 31 32 Ah M B RESOLVEto by the Board County oi Orange aicting as, the Governiog,x r No,,, Orange County. said 9 'e t. k`"J ' 19531, `x - e d .. t. rendered '#. void,, and that,the, Secretary of the Welst Qxanq* County Water Soard be* and, h 0 is hereby dix"tod* to pay all outstanding obligations of said Board' and to 'prepare a, :_+,fund o the City,*f Huntington Beach,' a's di$bursiAg in its d . a4cordance with g SUu , r, M RA L ..L W «- tom;.,. SMITH NOM SUPERVISORS NONE AWENT SUPERVISORS HEINZ KAISER, STATE OF CALIFORNIA OTC' Of ORANM � S. J, ?fit (-ounty Cl and ex-�*f f. do Clarkof the Board of Supervisors xa sa Co ty-# California#; acting as t1io Governing Sward oforange County Vl*,terworks District No. 3 wWfangs County Waterworks District d. 5,0 .hox*by certify hat th* above and foregoing Resolution was duly and regularly adopted by the said Board at a' ular meeting thereof hold on the lath day of r*combev# 19540 and pasted by a unani- mous vote of said Boat members prosant IN WITNESS MEREOFg i have h*reuntoset my hand and seal t1rals, 14t day Of' Dotombers 154. B. J. SMITN County Clerk and ex -of f icio clerk of tt* Board of Supervisors of Orange (-suns � of Orange County ' la erwork 'U.1s .ri t . 3 eand grange County Waterworks istr t . 5. M 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 i 24 i 21 22 23 24 25 26 27 28 29 3o 31 32 RESOLUTION NO. 963 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CANCELLING A CERTAIN CONTRACT ENTERED INTO AS OF I)ECEMBER 1. 1953, BETWEEN THE SAID CITY, THE CITY OF HUNTINGTON BEACH, AND TWO COUNTY WATERWORKS DISTRICTS. WHEREAS, an agreement was made and entered into on the lst day of December. 1953, between the City of Huntington Beach, the City of Seal Beach. Orange County Waterworks District Number Three and Orange County Waterworks District Number Five, which agreement, made under the provisions of the Joint Powers Act of the State of California. was for the purpose of planning and constructing joint and several facilities for trans- porting water from the point of delivery by the hietropolitan Water District to the distribution facilities of the various constituent members; and WHEREAS, the City of Huntington Beach and the two County Water- works Districts have voted the bond3 necessary to raise the money required to construct their respective portions of the joint improvement and their in- dividual facilities; and WHEREAS, the design erigineers employed by the constituent agencies have made a preliminary report,together with estimates of costs of said joint and several works, and are ready to proceed with the additional planning, design and estimates to enable such construction to be offered for bid; and WHEREAS, it is necessary that such construction be expedited to enable water to be delivered to the constituent agencies at as early a date as is possible; and WHEREAS, the City of Seal Beach has failed to authori--e the bonds necessary to raise the money to construct its portion of the joint and several works, and does not have sufficient funds available from other sources; and WHEREAS, by reason of the above, the purpose of said agreement of December 1, 19538 has failed, and is impossible of accomplishment in accordance with said contract; -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1' 16 17 N• 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, TRRRNIPORS, the City Council of the City of Beal Beach does resolve as follows: SECTION 1. That the agreement of December 1, 1933, by and be- tween the City of Seal 30ach, the City of Huntington ReaCh, Orange County Waterworks District Number Throe aaad Omage City 'f atorworks District Number rive, be emeelled and rendered null and void, mad that the Beore- tary of the Pest Orange County it sa for 11oar4 boo sad he is hereby directed, to pay all outstanding obligat%s of sold Soard tad to prepare a statement of the funds remaining in the hands of the City of ara�tia,� a Raeach, as dis- bursing agent, and that the wee in its bands to the credit of the respeot~tye agencies be returned in acc oradarnoe with paragraph g of **W contract. BX+CTION 2. The City Clerk aeball eertl`y to the passage and adoption of this Resolution and forward a certified espy *#reof to the West Orange Counter Water• Board, the City of R**ah. Orange County Waterworks District Number Three, Sad Orange County Waterworks lUstrict Number Dive. PASS11 ►, AP'P"ROY'RA AXV ADOPTIM by # Ctty Council of the City of Seal Beach, this 21set day of DOOMber, 19 . 4"74W of e ae ATTEST:. ZriL er STATE OF CALIFORNIA Ct VXTY OF Cam" 38: CM, '0V UAL, XXA= i. F. W. HICKMAN. City Clerk of the City of Seal Beach, and ex- officio Clerk of the City Cotmail. do hereby certify that, the above and fare - going Resolution was passed, approved and adopted by tie City Cecil of -g- M o: • 1 2� 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the City of Seal Beach at a regular meeting thereof held on December 21, 1954, by the following vote, to wit: AYES: COUNCIUMN: CAWO A4AW46A& AAW11AA0CA444 NOES: COUNCIL mEN: ABSENT: COUNC"EN: ATTEST: City Clerk of Wie City of 6eal Beac 4- .� ``r . w • • ,• J CRo1:r /Zo // 41' -Air T 'AGREEMENT THIS AGREEMENT, made ani entered into as of the day of VAl , 1953, by and bets►*eer. the CITY OF HUNTINGTON BEACH, a Emnicipal Corporation,organizer and existing under and by virtue of Section 8, Axticle XI of the Constitution of the State of California, and having a Charter, hereinafter designate) as HUNTINGTON BEACH, ani the CITY OF SEAL BEACH, a Municipal Corporation of the Sixth Class, hereinafter designated as SEAL BEACH, WITNESSETH: WHEREAS, the parties to this Agreement, together with Ora_^Ce County Waterworks District Number Three and Orange County Water::orke District Number Five, have entered into an agreement to contribute certain funds proportionately for the purpose of making a survey and investigation to obtain information with reference to the nature, extent and cost of facilities required for transporting water from the point of delivery by the Metropolitan Water District to the distribution facilities of the various units, and WHEREAS, certain expenses will be Incurred for legal counsel in arriving at the proper methods of financing ouch con.-- struction as may be recommended by the Engineers, and WHEREAS, Water District Number Three and Stater District Number Five are precluded by lair from employing epeoial counsel and it is the desire of Huntington Beach and Seal Beach that such speciP3. counsel be employed, now, therefore, it is agreed as follows: le That the parties hereto will contribute a fund of One Thousand Five Hundred and No/100 ($1,500,00) Dollars, such contributions to be made Eleven Hundred Fifty and No/100 U 19150,00) Dollma by Huntington Beach, and Three Hundred Fifty and No/100 ($350,00) Dollare by Seal Beach, and said contribution shall be paid HARRY ASHTON LAWYER A09 EAST BAL20A BLVD. BALBOA. CALIFORNIA TlL[}MON[ HAROOR 1337 1 .- I J. w l v to Huntington Beach on or before the ;2 `-' dray of , f !i/�F __•, 1953, Yrhich said funds shall be held by Huntington Beach in trust for the purposes herein provided, 2. Huntington Beach shall be constituted the disbursing agent of the parties to this Agreement and the depositary of such funds and elall pay out all expenditures approved in the manner hereinafter set forth. 3. In acting as the depositary and in payins approvel expenditures, Huntington Beach shall: (a) Deposit all funds received in a specicl fund to be desigr.&'tea as "Orange County Municipal j''ater District Survey Fund No. 20, and pay all expenditures from said fund. (b) Make payments from cald fund only upon a requisition signed bY the Chairman of the Executive Committee and accompanied by a Resolution of the Executive Committee authorizing the payment. 4. The Executive Co=ittee shall be composed of the following: Vernon E. Langenbeck, Councilman, City of Huntington. Beach; Willis H. Warner, Chairman, Orange County Board of super -- visors, and Frank L. Bhufelt, Maycr, City of Beal Beach, which Executive Committee shall, in additioA.- to the duties imposed by the Agreement between the two cities and the two waterworks dic-� tricts, cwploy such legal counsel as they may deem desirable, and pay such fees from the funds herein provided in the propor- tions as contributed by the parties hereto, 5. In exercising the powers hereinabove granted to it, the Executive Committee shall comply with the terms and conditions of the Agreement entered into between Huntington Beach, Seal Beach, Water District Eumber Three and Water District Number Five, as fully as trough said conditions were set forth herein and reference is hereby made to caid Agreement and the sane incorporated in this Agreement by reference. HARRY ASHTON LAWYER 408 EAST BALBOA BLVD. BALlOA. CALIFORNIA T[LLrHOHE HARBOR 2337 ... 2 b» IN WITNESS WHEREOF, the parties hereto have hereunto set their corporate names and seals by their officers thereunto duly authorized, the day and year first above written, ATTEST: City Clerk HARRY ASHTON LAWYER 408 EAST BALBOA BLVD. BALBOA. CALIFORNIA TELEPHONE HARBOR I$37 CITY OF HUNTINGTON BEACH By yor CITY OF SEAL BEACH By ama yor r3— +,,w 'h ✓ ww tee, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOL[3:ICA4 Ho. 1446 A RESOLUTI011 CF THE CITY COUNCIL CF THE CITY CF IRDUINGTO31 BEACH RELATING TO THE OPERATION AA'D 11AIMEIIANCB Cr THE CiTYIS WHOLLY C►. N D PORTIOI'< CF THE WATER LINE CF TIM 1JEST (MAL'GE COUITY WATER BOARD . LWREAS, the City of Huntington beach, together with other entities, has hereto'ore formed the West Orange County, 1!ater Board and has caused the construction cf a tinter line connecting to the Metropolitan Water District line at Dale and Satella in the City of Garden Grovo, extending In a southerly dircetion into the City of Huntington Beach; and 14101EAS9 the City of Huntington Beach owns lOaN inter- est in said water line from Smltser Street southerly to its torminus; and 1-MEMEAS, said City rAy at any time, upon notice to the entities composing said Wont Orange County dater Board, as- sume and take over tho duties and costs of maintenance end operation of the portion of said line N.,holly owned by the City of Funtington Beach in accordance with Paragraph F of tho Agreement between the City of Huntington Beach and the entities composing the Wart Orange County I -later Board; KMI TIIIREME, BE IT RESOLVED by the City Council of the City of Huntington Beach3 That the City Council does hereby find and determine Res. • r•o.. 1446 k"..' 'r.. r %OFI 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 that is is to the best intrrcrt and advantage of the City to r..aintaln and operate that portion of tho gyrator line above re- ferred to, thick iv wholly in-wd by the City of L'hr_tingtm Beach. Er 1T FDRTI R RESpr.N'i'I) that the City assztme the oiler. ation and raintenance of Bald line Which is wholly owneg by I st' tho City of liuntiMton Dcach en and ofter tho t� day of rb 19,10 The City Clerw is hereby directed to sorvo certified copies of this Rcrolution m etch m ber e- the b'ost Drar�'70 County Vater Roam. r PAS:ED At:D ADOPTED by the City Co=cil of the City of Euntington Beach, C^lifcrnini ct a regu.ar uaetirZ thereof held c:1 the 5th day of D cember ! 1960, ATTE.S:T s NO city Cler FrneRt 'R. C.igler-- - - - l:qy©r 26 %.0' Woo, 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 1s 17 18 1s 20 21 22 23 24 CORDEO b ATE .2.7_. City OM OI �1� Br2g. 1446 STATE OF CALUCF.IM } ss COUNTY Cr 01-UJIGE I, PAUL C. JMT-vS, the duly elected., qualified and acting City Clark, of tho City of Huntington reach, ari ex- cfficto Clerk of tho City Council of said City, do h^reby certify th:%t the whole nmbc:r of wnbere of the City Cc mail of the City of Etmtinrton Erich is.five; that the fororoing resolution was passed and efopted by thr affir-tative tote of core th=. c =Jority of e.11 the cambers of said City Council nt a resular meting: theroof held on the Sth day of Dece=bcr j 1960, by the follovin vote: MrS: Councilmen: E-alls, Lamberto BtcxRrt, taste Cislor ap� 11M IS: Couneil=n: t:one ADSEET: Councilren: :one LC,ORIC p1rTRUMENT 1S A CQRRFr.L I" TUB Deputy Paul C. dalwe City Clark and ex-o:' icio Clerk Cf the City Council of the City of firntirZ-ton Beach, California CALIFORNIA LEGISLATURE-1969 REGULAR SESSION ASSEMBLY BILL No. 237 Introduced by Assemblyman Burke January 22, 1969 HELD AT DESK An act to amend Section 6505.5 of the Government Code, relating to Joint Exercise of Powers. The people of the State of California do enact as follows: 1 SECTION 1. Section 6505.5 of the Government Code is 2 amended to read: 3 6505.5. If a separate agency or entity is created by the 4 agreement, the agreement shall designate the treasurer of one 5 of the contracting parties, or in lieu thereof, the county treas- 6 urer of a county in which one of the contracting parties is 7 situated to be the depositary and have custody of all the money 8 of the agency or entity, from whatever source. 9 The treasurer so designated shall: 10 (a) Receive and receipt for all money of the agency or en- 11 tity and place it in the eel treasureryof the treasurer so 12 designated to the credit of the agency or entity; 13 (b) Be responsible upon his official bond for the safekeeping 14 and disbursement of all agency or entity money so held by 15 him; 16 (c) Pay, when due, out of money of the agency or entity 17 so held by him, all sums payable on outstanding bonds and 18 coupons of the agency or entity; 19 (d) Pay any other sums due from the agency or entity 20 from agency or entity money, or any portion thereof, only LEGISLATIVE COUNSEL'S DIGEST AB 237, as introduced, Burke (H.A.D.). Joint Exercise of Powers. Amends Sec. 6505.5, Gov.C. Clarifies provision relating to deposit of funds of a separate agency or entity created by a joint exercise of powers agreement to allow deposit in treasury of treasurer designated treasurer of agency or entity created. Vote —Majority; Appropriation —No; Sen. Fin. —No; W. & M.—No. CALIFORNIA LEGISLATURE-1969 REGULAR SESSION ASSEMBLY BILL No. 237 Introduced by Assemblyman Burke January 22, 1969 HELD AT DESK An act to amend Section 6505.5 of the Government Code, relating to Joint Exercise of Powers. The people of the State of California do enact as follows: 1 SECTION 1. Section 6505.5 of the Government Code is 2 amended to read: 3 6505.5. If a separate agency or entity is created by the 4 agreement, the agreement shall designate the treasurer of one 5 of the contracting parties, or in lieu thereof, the county treas- 6 urer of a county in which one of the contracting parties is 7 situated to be the depositary and have custody of all the money 8 of the agency or entity, from whatever source. 9 The treasurer so designated shall: 10 (a) Receive and receipt for all money of the agency or en- 11 tity and place it in the eaiiiity treasurer of the treasurer so 12 designated to the credit of the agency or entity; 13 (b) Be responsible upon his official bond for the safekeeping 14 and disbursement of all agency or entity money so held by 15 him; 16 (c) Pay, when due, out of money of the agency or entity 17 so held by him, all sums payable on outstanding bonds and 18 coupons of the agency or entity; 19 (d) Pay any other sums due from the agency or entity 20 from agency or entity money, or any portion thereof, only LEGISLATIVE COUNSEL'S DIGEST AB 237, as introduced, Burke (H.A.D.). Joint Exercise of Powers. Amends Sec. 6505.5, Gov.C. Clarifies provision relating to deposit of funds of a separate agency or entity created by a joint exercise of powers agreement to allow deposit in treasury of treasurer designated treasurer of agency or entity created. Vote —Majority; Appropriation —No; Sen. Fin. —No; W. & M.—No. r CALIFORNIA LEGISLATURE-1969 REGULAR SESSION ASSEMBLY BILL No. 237 Introduced by Assemblyman Burke January 22, 1969 HELD AT DESK An act to amend Section 6505.5 of the Government Code, relating to Joint Exercise of Powers. The people of the State of California do enact as follows: 1 SECTION 1. Section 6505.5 of the Government Code is 2 amended to read: 3 6505.5. If a separate agency or entity is created by the 4 agreement, the agreement shall designate the treasurer of one 5 of the contracting parties, or in lieu thereof, the county treas- 6 urer of a county in which one of the contracting parties is 7 situated to be the depositary and have custody of all the money 8 of the agency or entity, from whatever source. 9 The treasurer so designated shall: 10 (a) Receive and receipt for all money of the agency or en- 11 tity and place it in the eel treasurer of the treasurer so 12 designated to the credit of the agency or entity; 13 (b) Be responsible upon his official bond for the safekeeping 14 and disbursement of all agency or entity money so held by 15 him; 16 (c) Pay, when due, out of money of the agency or entity 17 so held by him, all sums payable on outstanding bonds and 18 coupons of the agency or entity; 19 (d) Pay any other sums due from the agency or entity 20 from agency or entity money, or any portion thereof, only LEGISLATIVE COUNSEL'S DIGEST AB 237, as introduced, Burke (H.A.D.). Joint Exercise of Powers. Amends Sec. 6505.5, Gov.C. Clarifies provision relating to deposit of funds of a separate agency or entity created by a joint exercise of powers agreement to allow deposit in treasury of treasurer designated treasurer of agency or entity created. Vote —Majority; Appropriation —No; Sen. Fin. —No; W. & M.—No. lr-- CALIFORNIA LEGISLATURE-1969 REGULAR SESSION ASSEMBLY BILL No. 237 Introduced by Assemblyman Burke January 22, 1969 HELD AT DESK An act to amend Section 6505.5 of the Government Code, relating to Joint Exercise of Powers. The people of the State of California do enact as follows: 1 SECTION 1. Section 6505.5 of the Government Code is 2 amended to read: 3, 6505.5. If a separate agency or entity is created by the 4 agreement, the agreement shall designate the treasurer of one 5 of the contracting parties, or in lieu thereof, the county treas- 6 urer of a county in which one of the contracting parties is 7 situated to be the depositary and have custody of all the money 8 of the agency or entity, from whatever source. 9 The treasurer so designated shall: 10 (a) Receive and receipt for all money of the agency or en- 11 tity and place it in the eel treasurer of the treasurer so 12 designated to the credit of the agency or entity; 13 (b) Be responsible upon his official bond for the safekeeping 14 and disbursement of all agency or entity money so held by 15 him; 16 (c) Pay, when due, out of money of the agency or entity 17 so held by him, all sums payable on outstanding bonds and 18 coupons of the agency or entity; 19 (d) Pay any other sums due from the agency or entity 20 from agency or entity money, or any portion thereof, only LEGISLATIVE COUNSEL'S DIGEST AB 237, as introduced, Burke (H.A.D.). Joint Exercise of Powers. Amends Sec. 6505.5, Gov.C. Clarifies provision relating to deposit of funds of a separate agency or entity created by a joint exercise of power's agreement to allow deposit in treasury of treasurer designated treasurer of agency or entity created. Vote —Majority; Appropriation —No; Sen. Fin. —No; W. & M.—No. DISTRICT OFFICE 17732 BEACH BOULEVARD HUNTINGTON BEACH, CALIF. 92647 PHONE. 714--842.1494 SACRAMENTO ADDRESS STATE CAPITOL 95814 AssembiLl Tialifurnitt Togislaturr r ROBERT H. BURKE ASSEMBLYMAN, SEVE�rLETH DISTRICT January 27, 1969 Mr. Paul C. Jones, Secretary West Orange County Water Board Post Office Box 190 Huntington Beach, California Dear Paul: COMMITTEES Elections and Reapportionment Municipal and County Government State Personnel and Veterans Affairs Enclosed are copies of the bill which I introduced at your request. It was introduced on January 22, however, it can't be heard before committee until February 24. We will let you know what day the committee will be meeting so that we will be able to set it at a time con- venient for you. RHB:jk Enclosures Y, BURKE Pity of Huntington Beach California December 29, 1960 Mr. IIoxard It. Gealey Water Superintondent City of Carden Grove Garden Grove, California Dear Sir: This is to notify you that, effective January 1, 1961, the City of Huntington !leach will assure r-aintenance and operation of that portion of the 'test Orange County !Suter System's line from Smeltxer Avenue southerly to its terminus. This is in accordance with Paragraph 8 of the Agreement be- tween the City of Huntington Beach and, the entities coaposing the !lest Orange County Water Board, and is accomplished by Resolution No. 1446 of the City of Huntington reach which has been mailed to you under separate cover. Yours truly, Paul C. Jones, Secretary rest Orange County water Board Post Office !lox '190 Huntington Beach, California rCJ:ed 1 2 3 4 5 6 7i 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J 32 H#Mty ASHTON LAWYER 403 ufT 5AL190A SLvo. 13AL10A. CaLIFORHIA TELIPHON6 MANlOR 1337 �3 ✓ OPERATION AND MAINTENANCE AGREEMENT This Memorandum of Agreement made and entered into this 19th day of October, 1960, by and between the WEST ORANGE COUTITY WATER BOARD, an entity constituted under the provisions of Sect. 6500-6513 of the Government Code of the State of California, and comprised of the City of Huntington Beach, California, a Charter City, and County Waterworks District Number.5 of Orange County, and the City of Garden Grove, hereinafter referred to_an "The BoardK, and the CITY.OF GARDEN GROVE, CALIFORNIA, hereinafter referred to as "Garden Grove"; WITNESSETH: That, WHEREAS, the City of Garden Grove, California, has succeeded to all of the rights and benefits and subjected itself to all.the liabilities and responsibilities of County Waterworks District Number 3 and especially in connection.with the joint ownership by the entities comprising The Board; and WHEREAS, it appears.that the joint facilities owned -by the entities comprising The Board can best be operated and main- tained by the Water Department of said Garden Grove; and WHEREAS, said Garden Grove has the personnel andt8dlitles for operating and maintaining.the jointly owned facilities and is willing to undertake such duties, IT IS, THEREFORE, AMEEDt FIRST: That Garden Grove will undertake to maintain nd operate the.facilitice above described and perform.such duty n a good and -workmanlike manner and in _such a way as to most fficiently.and economically maintain and operate the same for the enefit of the parties owning the said facilities. Thetterme "maintenance" and "operation" shall - 1 - I / 041 21 I 3! 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 HARRY ASH•TON LAWYER 408 EAST BALBOA BLVD. SALSOA, CALIFORNIA TELEPHONE HARBOR 1337 .. mean the repairs and upkeep made necessary by ordinary use and operation of the facilities, including all tools and operating equipment, materials and supplies, and the wages and salaries of employees engaged in or connected with the operation of said water distribution facilities. SECOND: That Garden Grove will, in accordance with the terms of an agreement dated November 29, 1955, between the Orange County Municipal Water District, and the City of Huntington Beach, Orange County Waterworks Districts No. 3 and No. 5, wherein Orange County Waterworks District No. 3 is appointed and desig- nated as fiscal agent for the entities comprising the Nest Orange County Water Board, read the meters installed at various points on said water distributing facilitSr and render statements to the proper party for the water consumed by the facilities of such party, such statements to be rendered on a monthly or quarterly basis as may be agreed upon. TFZRD: Each of the parties hereinabove named shall pay over to said Garden Grove, its proportion of the cost of such maintenance and operation, and such proportion of such entire charge shall be determined by the percentage of ownership in such facilities of the respective parties. Each of such parties shall provide money by taxation or some other legal method to pay its proportion of such cost, The charge by said Garden(kove to the parties shall be at the actual cost of such operation or mainterti ante to said Garden Grave, FOURTH: For the purpose of promptly providing the funds and paying the invoices so rendered, both for maintenance and operation, the parties above named do hereby create a „maintenance and Operation FundN, into which each of the parties shall ta.use to 's 2 e I� l A 1 be transferred out of the money provided in accordance with Clause 2 Third above, sufficient of said funds to make a total of 014,000.00, 3 each of the parties hereto transferring into said fund a share 4 equal to its percentage of ownership in said water distributing 5 facility, as shown on Exhibit A attached heretob so that out of 6 said fund.may be paid the monthly or quarterly charges hereinabove 7 provided for. Said funds shall be paid to and disbursed by the g City of Huntington Beach as the disbursing agent of the parties 9 to this agreement, as the depositary of such funds, and it shall 10 pay out all of such expenditures as approved in the manner herein- 11 after set forth. In acting as such depositary and in paying 12 approved expenditures, the City of Huntington Beach shall: 13 (a) Deposit all funds received in a special fund 14 to be designated as "West Orange County Water Board Maintenance and 15 Operation Fund"; 16 (b) Make payments from said fund only upon a 17 requisition signed by the Chairman of the Board and accompanied by 18 resolution ofthe Board authorizing the payment. 19 A copy of the approved demand so paid by said 20 depositary shall be furnished to each of the parties to this 21 greement, together with a breakdown thereof showing the per- 22 entage and the amount of the funds of each party expended for 23 the purpose of satisfying said demand. The governing Board of 24 each party shall thereupon authorize its Treasurer to reimburse 25 said fund in the amount expended for the benefit of such party 26 and forthwith transmit sufficient funds out of the money provided 27 by taxation or other legal method to make such reimbursement as 28 o maintain such fund in the amount of $14,000.00. 29 30 31 y 32 HARRY ASHTON LAWYER 408 EAST BALBOA BLVD. BALBOA, CALIFORNIA TELEPHONE HARBOR IS37 FIFTH: The terms and provisions of this agreement may altered, amended or departed from or construed to have been ved when the unanimous consent and agreement thereto has been - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J 32 HARRY ASHTON LAWY[R 4CE C*,%T .AL80A .LVO. B ►L00A. CALIFORMA 79LLFHONS HARBOR 1337 1.4.1 expressed by_the resolution -of the governing bodies of each of the_ parties_ thereto_ specifi.eally authorizing said amendment or departure from the termc hereof.___ _ Each of_the_parties,hereto has, by -resolution of ita_governing board, -duly introduced,.Fassed and adopted,_certi" Pied . copies of_ which are•.hereto attached, _authorized .the. Chairman of its governing_board and ite.Secretary__to execute and deliver to_each of the other parties this agreement executed in counter -- part. This Agreement was executed the day and year first above written. WEST ORANGE COMITY 'ATER BOARD By •�./ ,e C ai and Secretary CITY MTI1IGTON Brkm By. / Mayor .f and ,e City er ORAVIGE COUNTY WATERWORKS DISTRICT NUMBER 5 Chairman o the Boardof Supery corn, Col `of range..K, 116? 01 Attest oun y`- er CITY OF ARDEN GROVE By mayor BCit Y yCer - •L «. EXHIBIT "All PERCENTAGE OF OWNERSHIP IN WORKS TO BE COKSTRUCTED BY THE WEST ORANGE COUNTY WATER HOARD Total District No. 3 Lino or Worka CBaa_tty Ca2&citX Percent c_a. G 8 2 18.46 1.00 18-639 5.417 17.46-- J3, 'Y� 11.87 orb 11.0'6 ..., .... 5 10,25 0 8.82 .... .. ,. 7 8408 7a 4, 04 .- .. .. w ?b -4,-04 .- .. :. *8 5*59 *8a 3. 36 .. .... *9 0! 93 ., ..:. Meter.Pressure Regulator and Appurtenances at XWD_Conneetion 18.639 District No. 5* Capacity Percent (afs) 7921 33:597 7.21 39,057 1.62 13• 648 0.81 7.324 r 5.59' .. ., 100900 3.36 100.00 0.93 100,00 330597. Includes capacity for 0,93 cfe to the U. S. Navy installations. City_ of. Huntington Reach CapaaitY Percent - 10;25 47,764 10,25 55,526 10925 58406 10,25 86352 10*25 92:676 10.25 100,00 8,82 100.00 8.08 100.00 4*04 100.00 4.04 100.00 47.764 r MODI FI CATI Oft Off' AGREEMENT ThIS AGREEXENT, made and entered into this /,7 ;i,1�7/, day of 7AZA), 1957, by and between THE CITY OF' R MINGIfON BEACI4, a Municipal Corporation organized and a:gisting under and by virtue of Section S, Ar'tieie XT of the Constitution of the State of California, and Isvxng *t erarter, hereinafter designated as Huntington Ueas;h; ORA,QF, COUNTY 'aA! ERWORKS DISTRICT NUMBER THREE, hereinafter deelgr:ated as DISTRICT HUMER THREE, and 014ANGE COUNTY WAl':,H'W.,,-MS DISTRICT NU.MZ ? FIVE, hereinafter designated as DISTRICT XUXBI�R FIVE,, the goTerning board of which Uistrlcts is the County Board of Supervisors of Ornnge County, Gal.iforsta, �r1TI i4'L3S.E1 r,: � H,/' 2. A:s, an agreement was entered Into on September 7, 1955• by and be'uween the above named parties, and vizinlEA.S, said, agreement provides that it may be altered in oertaln respects by the unanimous consent of the parties, and W,iMEAS, it appears desirable and expedient to alter said aj;ree.uent in certain respects, 140k, ` HERr;ForcU, it is agreed as follows: 1. That paragraph 2 of said Agreement shall be altered to read as follows: 42. It shall be the duty of said County Water Works District Number Three to act for and on behalf of itself, County WaterVorks District Number Fire and the City of Huntington Beach in cont7raoting for the dellvaxy ,of grater Into the lines belonging to said entities and whioh were being eonstmwteci under the c-irect.ion and control of West Orange County stater Board, an agency created under the Joint Pourers Act of the State of �'� California by the three entities above referred i to, and in . 411 matters pertakning to the rights "d oblipations of that aortain aP,fteraecnt dated November 29, 1955. between the grange County A njolpal. rater District and the entities herein bove mentioned.* 2. That varat;r a -ph I of 3ald Agrfei zont of September 7. 1955 • be axeaxeno ad to re to as foliays: Por the U"., o,se of enabling the pay :ent of all. Obligations Imposed by the Agree«ent of r f�ovemb+!r 290 1955• the Qity of Huntington 'Usuoh Is hereby de nignated as ilepositary wuft disbuz*ng agent vs;ut shall receive and; disburse the funds neseseAry to oomply with the obligations of the rreenent of Nove::tbar 29, 1955s, and "l.l be ,'rDa,1.d from a fun4 known ag oraA pe County ;iatsr board. 311aintenancse and. rr4r,%tion !'uW*. has been e4stnbliphed with th VhA City of huntir4gtort 3ei,ch by an Operation and. MAIntenancer &," *ee.:temt dated. gepte►taber 12, 1956, Parae' nt shall be mace frcow leis, f,,zna. in accordance witsl the: nro- viviona of said reeer.;en% of September 12. 1956, provided, however, Viv:.t billca rondeared for water by the Orange County Munioipal. Water District and electric service by Southern California Edison Co. may be paid upon ;are zohtat., on to the Seoret-ar;. of this Board, arm suoh aotion, r.,Atfied at the next following meetir4�- of thio tfest Orange County Wnte'r Bomwi," 3. That in ial 'other reepeots# not ine<onsla teent here- w1th, t a•i &-ree:uent o;' I'lepteriber 7. obal.l continue in full foroe and. effect. 2. I 'Us Arreement wac executed the day and yelr first above written. CITY Or HIM311-0,T Vy. �.� � 0 } ler:. C010I Y :'.'Ai :;Qn.}:S 'JI.'',':iiICi 1'Ul-" m, TIV L.i. AF. o� f t.'7:1 onrd -ol t3upervicom n Attect ou^.T..; Glcr:.., Mr. c.:,air:~.Eu� o t the sorz:•c- of .3u.3ervi core y' Attect U aunty Olen. CIT. OF GARDEN GROVE Bye'-� �.r -� [�! c,c ��✓ (/ yor ATTEST: City Clerk 3. • 1 2 a 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20I 21I 22i 23 24 25 26 27 28 291 30 31 32. V J AGREE2•fENT THIS AGREEMENT made and entered into this lot day of November, 1960, between ORANGE COMITY MUNICIi'AL WATER DISTRICT, i a body politic, hereinafter cz.11ed the KDiFtrict", and the CITY OF HUNTIKGTOX BEACH, a municipal corporation organized and existing under and by virtue of Section 8, Article II of the Constitution of the State of California, and having a charter, hereinafter designated as "Huntington Beach", the CITY OF GARDEN GROVE, a municipal corporation of the fifth class, hereinafter called "Garden Grove", and ORANGE COUNTY WATER WORKS DISTRICT NU�MER 5, hereinafter designated as "Diatriet Number 5„, the governing board of which said County Water Works -District Number 5 is the COUNTY BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, and which said Huntington Beach, Garden Grove and County Water works District Number 5 are sometimes hereinafter called the "Consumer"; W T T N N S S E T H, 17HEREAS9 by an agreement between M TINGTON BEACH, DISTRICT NU:MER 3, ,and DISTRICT NM' BER 50 dated, September 7, 1955, District 11=ber 3 was designated as fiscal agent to act for and on behalf of it self, District Number 5 rxd Huntington Beach in contracting for the delivery of water to the lines belonging to said entities and being contracted under the direction and control of the WEST ORANGE COMITY NEATER BOARD, an agency created under the Joint Powers Act of the State of California t,y tr:e three entities hereinabove referred to; and. MIEREAS, the CITY OF GARDEN GROVE has succeeded to all of the rights and benefits and subjeotel itseelf to all of the liabilities and recponcibilitien.of COUNTY WATER WORKS DISTRICT NUMBER 3, and especially in connection with the joint ownership by the entities comprising the Board; and WHEREAS, an Operation and Maintenance 1.greement was entered Into on or about the 19th day of October, 1960, between the WEST am 1 " .I I . 1 2 3 41 5. i 6 7� 8 9 10 11 12 13 14 15 16 17 18 19. I 20 21 22 23 24 25 26 27 28 29 30 31 32 V ORANGE COUNTY WATER BOARD, and the entities comprising said Board., and the CITY OF GARDEN GROVE, with reference to the maintenance and operation of the joint facilities belonging to said entities; .i and WHEREAS, it appears desirable that the contract entered into on the 29th day of November, 19551 hereinabove referred to, be rewritten to designate the CITY CF GARDEN GROVE, as (local agent thereunder in connection with the delivery of grater to the Consumer, NOW, THEREFORE, IT IS AGF.EED AS FOLLOWS: 1. HUNTINGTON BEACH, GI,RDEN GROVE, and DISTRICT NU�MER 5o for the purpose of the agreement as hereinbclow set forth, authors ize and empower GARDEN GROVE to act for and on behalf of them- selves in any and all matters pertaining to the rights and obllga." tions of this agreement, and represent to the District that said GARDEN GROVE has full authority to contract on their behalf as to the matters contained in this agreement and.that they will be bound by the -obligations of this agreement imposed on the Consumer ll ae herein set forth; 2. Under its present policy of operation, the District neither owns nor operates facilities for the transportation, storage or distribution of water, and the primary purpose of the creation and existence of the District is a means whereby inclu- sion of the Consumer in The Metropolitan Water District of Southern California can be maintained, a right to a supply of water from said Metropolitan Water District be secured, and bills for service ofiater be rendered the Consumer through the District by The Metropolitan Water District of Southern California, herein- after referred to as Metropolitan dater District; 3. The Consumer will promptly pay, as rendered, all bills for hater in the amount determined by Metropolitan Water District and the Engineer of the District. The District shall not be -- 2 .4 1 2 3 d 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ki obliged to pay or advance any sum therefor, it being understood and agreed that the District is simply and solely an intermediary for ,the payment of water charged to the Consumer and is acting in the ,nature of an agent of the Consumer in securing water and handling the payment therefor; 4. The Consumer promises and agrees that it will furnish without coat to thv District all facilities, including any rights �of way, meter or meters or other measuring devices, vaults, facie* lities and equipment for the securing of water from the lines of said Metropolitan Water District, including all requirements of Metropolitan Water District with reference thereto, and will pay fall and every @+ cost, charge and expense in any way incurred in con Inecting its lines to, maintaining said connection and disconnecting I Icaid lines from the lines of said Metropolitan Water District. The Consumer will likewise furnish, operate and maintain its own alines for the distribution of any water received by it from said I Metropolitan Water District, and the District shall not be under zany duty relative thereto or -obligated therefor in any way. In the event the service connection -or other facilities referred to in this numbered paragraph are to be shared by two or more congum,4 era, the undersigned Consumer shall be responsible for the whole of the cost of such facilities and cervice connection, but the Engino, eer of the District may allocate said coat between such consumers; 5. If any question arises as to the amount of Hater deliver- ed to the Consumer or to the Consumer and others, then the decision of the Engineer of the District shall be final as to the Consumer in determining the amount of water and the apportionment thereof. The method of measure of water used by Consumer shall also be as determined by the Engineer of the District. The Engineer of the District also is authorized and empowered to fix and apportion the loss, if any, incurred in the transportation of water to the Consumer# " 3 4 1 6. The District is -not the owner of any meter, vaults, 2 facilities and equipment, nor is it responsible in any way for 3 any vaults, meter, facilities and equipment used in serving the 4 Consumer. However, the District Engineer shall have access at all 5 times to any and all vaults, meters, measuring devices, facilities 6 and equipment furnishing water to the Consumer, whether connected 7 to the source or souroes of supply of Metropolitan Water District, 8 -or otherwise, and if such meters or devices are under lock or 9 located in any vault or structural, then the Engineer of the Dis-» 10 trict shall have a key or keys thereto, and he shall have free and 11 unobstructed access to any ant all vaults, structures and arean in 12 which such meters or devices arc kept. The Engineer of the Dia- 13 tract is given the ri ht g ,power and authority to test any such 14 meter or.neters, used hereunder by the Consumer or in its behalf, 15 as he has reason to believe are inaccurate or faulty in any way, x 16 and any meter or meters round defective by him shall be promptly 17 repaired or replaced without cost to the District; 18 ?. The District does not contemplate at this time the 19 charging of any sum for its services in connection with water 20 furnished the Consumer by said Metropolitan Water District. How- i 21 ever, if in -the opinion of the District, it should become neces-+ 22 wary for the District to incur expense to connection with the fur" 23 nishing of any water hereunder to the Consumer, then the Consumer 24 shall promptly pay the District a reasonable gum therefor on de- 25 mand. The Consumer shall also pay the District its proportion of 26 any charges, based on the amount of grater received by it which may 27 hereafter be deemed necessary by the District to be charged con- 28 sumers in the District; 29 } 8. The Consumer promises and agrees that it will at all 30 times indemnify and save harnleas the District from and against I 31 all lose, cost, damage and expense, including reasonable engineers? 32 and attorneys' tees$, and from and against any and all claims or �r Y M 1 2 3 4 5 5 7 9 10 11 12 13 14 15 lb 17 is 19 20 21 22 23 24' 25 26 27 28 29 30 31 32 V demands on account of in$ury to persons or property which may be incurred by the District in any way growing out of the Consumerss operations hereunder, or the attachment, maintenance and operation of its facilities to or the removal of its facilities from the facilities of Metropolitan Prater District; 9. The Consumer accepts, and agrees to comply with each and all of the terms and conditions of Resolution No, lay of the ORANGE COUNTY MUNICIPAL WATER DISTRICT and Resolution No, 4006 of THE METROPOLITAN WATER DISTRICT OF SOUTHERR CALIFORNIA* and agrees to grant or cause to be granted to the District and to The Hetro- politan Water District of Southern California such permanent ease- meet as may be necessary for the construction, reconstruction, operation, maintenance, repair and removal of said service in con- nection in, over, through and under a parcel of land, the location and dimensiona of which parcel of land shall be adequate for said purposes as determined by the General Manager and Chief Engineer of The Metropolitan Water District of Southern California, and whic] easement shall be in form eatitfactory to the General Counsel of the Metropolitan Water District -of Southern California. .IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove writ— ten by their representatives thereunto duly authorized. " ORANGE COYN; Y MUNICIPAL WATER DISTRICT _ - President By Secretary CITY OF EMiTINGTON BEACH LEI OM fiayor r 5 - 1 2 3 4 5 6 7 8 9 10 i 11 12' 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27' 28 29 30 31 32 . ti CITY OF GARDEN GROVE By Mayor / /'�" By- - --- Clerk ORANGE COUNTY WATER WORKS DISTRICT NUMBER Chairman of the Board of Supervisors By L B. WALLACE County Clerk Deputy On behalf of Orange County Water Works District No. 3 the Board of Supervisors of Orange County by and through its Chairman and County Clerk .approve the contract hereinabovye set forth. DATED this " day of Deeemaber, ' 9-w . Chairman of Board of Supervisors By L 8. WALLACE �County Clerk j aY/ -z- c� '-, -<, �- -a � Deputy APPROVED AS TO FORM VEPHEN K. TAMURA, COUNTY COUNMI ORANGE COUNTY, CALIFORNIA -�6- r i . • � LMlril Y MINUTES OF THE CITY COUNCIL OF GARDEN GROVE, CALIFORNIA - A regular meeting of the City Council of Garden Grove, California; was held March 7, 1961, at 7:00 p.m. The following named members of the City Council being present: George B. Honold, Mayor; Lee D. Barr, John R. Dean, Leroy Doig, Leon Knoeller, and the City Clerk. Also Present: William Richards* City Administrator; Willard Pool, City Attorney; Robert Odell, Finance Director; and Charles Handy, Public Works Director. AGREEMENT - ORANGE COUNTY MUNICIPAL WATER DISTRICT, CITIES OF HUNTINGTON BEACH AND GARDEN GROVE,, AND ORANGE COUNTY WATER WORKS -DISTRICT NO, 5 Councilman Knoeller moved, seconded by Councilman Dean, that Agreement between the Orange County Municipal Water District, the Cities of Huntington Beach and Garden Grove, and Orange County Water Works District No. 5, which designates the City of Garden Grove as fiscal agent for the West Orange County Water Board in the purchase of water from the Metropolitan Water District, be approved and that the Mayor and City Clerk be authorized to execute said Agreement. Carried by the following vote: AYES: COUNCILMEN: BARR, DEAN, DOIG, KNCELLER, HONOLD NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE STATE OF CALIFORNIA } COUNTY OF ORANGE } SS: CITY OF GARDEN GROVE } I, GWEN WIESNER, City Clerk of the City of Garden Grove, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of March, 1961. City Clerk, City of Garden Grove, California ► .^F,pT F-�"r; Y7-\�'T'f::, H�' "-L G{�=,�►,tom /1 MINUTES . Council Ch mber, City -HaLI Hunti-n�ton Beech, California February 6 1961 1 called the regular - meeting of the City ae�r;t ��� of Huntington Beach o or�� 71.30 o'clock P.11. Councilmen presents Councilmen absents XL= ..� �-i". _ 'i: ;tri�cti':;: iri► k-1k 7ti � ti:-'.ri^i: is i� ic��: ��'s� On notion by Lambert, seconded by Stewart, an agreement between the Orange County Municipal dater District, and the Cities of Huntington Beach and Garden Grove, and Orange.Couniy Water Works District No. 50 to designate the City of Garden Grove as the fiscal agent.for the West Orange County Water Board in the purchase of water, was approves and the Mayor and Clerk authorized to execute save on behalf of the City. Lotion carried. �ksk�st��:�rsrk�4�k-��X.`�t;Grh��� :nFlc��-k�R�nit �-�s:����.�: s': k�•�-�e motion by1-tewart ,.- _seconded byy;ei the regular .. � .eeting o e City* Council of thA C ty o Htmtirgxcyn Beech A Journe . ,.P.1..Cs..,%�- City Clem: ar. ei--o is CierK o the City Council of the City of H!Lmtington Beach, California. ATTEST .....Exnes.t.R+-GfRler - .. ........ -,.... - flayor n 131V TE 07 CP.L1FOr; .t'- 1 County of Orange City of Htmtington Bcach ) 1, PAUL C. JOVES, the duly Elected, qualified and acting City Clerk of the City of Estmtington Beach, California, do hereby certify that the above And foregoing is a true and oorrcet excerpt free, minutes of the City Council of said City at their regular meeting held on the - 6th day of Februa� ._._ w9 19 1 • WITITESS my hand and seal of the said City, of Huntington Beach t "i` the ,..,.�2&tA-.... day ofjebruar_y_..._.,.., 191 City Clem: 2rid�;s�o � j ic3.o C er - t w. 0 OPERATION AND HAINTEhANCE AGREEI�TPIT This Memorandum of Agreement made and entered into this f dray of luz,% --Zxc -, , 1956, by and between the WEST `T ' ORANGE COUNTY WATER BOARD, an entity constituted under the pro— visions of Sect. 6500 - 6513 of Government Code of the State of California, and comprised of the City of Huntington Beach, California, a Charter City, and County Watervorks Districts No. 3 and No. 5 of Orange County, hereinafter referred to as "The Board", and COUNTY WATERWORKS DISTRICT NO. 3 of ORANGE COUNTY, hereinafter referred to as "District No. 3". WITNESSETH: That, WHEREAS, the Weft Orange County Water Board was constituted by agreement of the Entities comprising the same by an agreement dated February 8, 1955; and KIREAS, the said Board has completed the construction of the facilities for traneporting water from the point of delivery by the Metropolitan Water District to the distribution facilities of the various constituent members; and WHEREAS, said facilities are ready to be put in operation and it is desirable to provide for the maintenance and operation thereof; and WHEREAS, the agreement above referred to in poragraphs 8 and 9 thereof provides that the operation and maintenance of said facilities shall be administered by the Board; and WHEREAS, it appears more expedient and economical that the Board enter into an agreement with one of the parties to said agreement, as provided in paragraph 8 of said agreement; and HARRY ASHTON t AWYCA 1 JITZ "s • 3248WI WPORTtiLVO' CALIFORNIA HA•11011t337 WHEREAS, District No. 3 has the personnel and facilities for operating and maintaining said facilities, and is willing to undertake such duty, It is Therefore Agreed: FIRST: That District No. 3 will undertake to maintain and operate the facilities above described and perform such duty in a good and workmanlike manner and in such a. way as to most efficiently and economically maintain and operate the same for the benefit of the parties owning the said facilities. The terms "Maintenance" and "operation" shall mean the repairs and upkeep made necessary by ordinary use and operation of the facilities, including all tools and operating equipment, materials and supplies, and the wages and salaries of employees engaged in or connected with the operation of said water distribution facilities. SECOND: That District No. 3 will, in accordance with the terms of an agreement dated November 29, 1955, between the Orange County Municipal Water District, and the City of Huntington Beach, Orange County Waterworks Districts No. 3 and No. 5, wherein Orange County Waterworks District No. 3 is appointed and designated as fiscal agent for the City of Huntington Beach and Orange County Waterworks District No. 5, shall read the meters installed at various points on said water distributing facility and render statements to the -oroper party for the water consumed by the facilities of such party, such statements to be rendered HARRY ASHTON 2, LAMM= sins am 3245 NawrORt BLVD. ' NaWroRr RtACH, CALIFORMA HARBOR 1337 on a monthly or quarterly basis as may be agreed upon. THIRD: Each of the parties hereinabove named shall pay �..over.to said District Yo. 3, its proportion of the coat cf such maintenance and operation, and such proportion of such entire charge shall be determined by the percentage of ownership in such facilities of the respective parties. Each of such parties shall provide money by taxation or some other legal method to pay its proportion of such cost. The charge by said District No. 3 to the parties shall be at the actual cost of such operation HARFIY ABFfi M ►AWY[R {H4Tt 104 $244 NVWP01tT!LVD. HawyaRL 8KACN. CAI.I,ORNI• HUM.oR1337 or maintenance to said District No. 3. FOURTH: For the purpose of promptly providing the funds and paying the invoices so rendered, both for Maintenance and operation, the parties above named do hereby create a "Maintenance and Operation Fund", into which each of the parties shall cause to be transferred out of the money provided in accordance with Clause Third above, sufficient of said funds to make a total of t5,000.00, each of the parties hereto transferring into said fund a share equal to its percentage of ownership in said water distributing facility, as shown on Exhibit A attached hereto, so that out of said fund may be paid the monthly or quarterly charges hereinabove provided for, Said funds shall be paid to and disbursed by the City of Huntington Beach as the disbursing agent of the parties to this agreement, as the depositary of such funds, and it shall pay out all of such expendituree as approved in the manner hereinafter set forth. In acting as such depositary and in paying approved expenditures, the City of Huntington Beach shall: (a) Deposit all funds received in a special 3• fund to be designated as "West Orange County Water Board Maintenance and Operation Fund"; (b) Make payments from said fund only upon a requisition signed by the Chairman of the Board and accompanied by resolution of the Board authorizinE the payment. A copy of the approved demand so paid by said depositary shall be furnished to each of the parties to this agreement, together with a broakdotm thereof showing the per- centage and the amount -of the funds of each party expended for the purpose of satisfying said demand. The governing Board of each party shall thereupon authorize its Treasurer to reimburse said fund in the amount expended for the benefit of such party and forthwith transmit sufficient funds out of the money provided by taxation or other legal method to make such reimbursement as to maintain such fund in the amount of $5,000.00. FIFTH: The terns And provisions of this agreement may be altered, amended or departed from or construed to have been waived when the unanimous concent and agreement thereto has been expressed by the resolution of the governing bodies of each of the parties thereto specifically authorizing said amendnent or departure from the terms hereof. Each of the parties hereto has, by resolutions of its governing, board, duly introduced, passed and adopted, certified copies of which are hereto attached, authorized the Chairman of its goverring board and its Secretary to execute and delivbr to each of the other parties ti•3s agreement executed in counterpart, RARVY ASHTON L.AWVKR g111Tf Z" 7Ztto N1:WFOR7ILVD. HIEWFORT $[AGH, HAR.01e 1337 EXHIBIT SA" PERCE14TAGE OF OWNERSHIP IN WORKS TO BE COUSTRUCTED BY THE WEST ORANGE COUI47Y WATER BOARD City of Line or Total District No, 3 District No. 5* Huntington Beach Worms Ca colt e a Ca salt Percent Capacity kern) o Percent Cnaolty torn). Percent e . 1 21.46 4.00 18,639 7e21 33.597 10' 47.764 2 18.46 1.00 5.417 7,21 '99057 �10294 10.25 55.526 3 17,46 ----- 7.21 10.25 58,706 %a 32,87 --- w--- 1,62 13.648 1�i.25 8ti.352 4b ll. o6 ----� 0.81 7.324. ' l0. a5 92.676 ti • 5 l0 a 25 10.25 100.00 6 8.82 ---w ---- --_- ---- 8082 100,00 7 8.08 ---- ...._ r_w 8.08 100,00 7a 4,o4 4.o4 100,00 7b 4. o4 -�--- r--- ---- �-.- 4.04 100.00 5.59 r_.. �.... 5, 59 100,00 --- __.. 3.36 3.36 100,00 • 9* 0.93 0.93 100.00 Meter, Pressure Regulator and Appurtenances at IUD Connec- tion 18.639 33.597 47.764 * Includes capacity for 0.93 ofs to the U, S. Navy installations Certain other works which will serve egch of the individual entities and be wholly > owned by each entity respectively, ie. caters, pressure regulators, distribution lines and appurtenances. are not listed above but will be constructed by the West Orange County Water Board together with the works above set forth. I4ay 25. 1955 (Copy made From County Auditor's file.7-29-55) # Added as Amendment Aug. 10. 1955 10 3,00 3.00 100,00 -- ---- ----- ---- 11, 1.00 1.00 100.00 - ---- --- --- 12 0.81 081 100,00 ....... --_ 13 1.Ok ----- 1:01 100.00 14 1.04. ---• ---- 1104. r 100.00 This Agreement was executed the day and year first above written. HARRY ABHTON LAWYER SUITE 206 3345 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA HARBOR1337 WEST 0 GE UNTY BOARD B-L� Chairman and ecretary CITY 0 TIN(TON BEACH B y fi� : ayor and �-� City Clerk ORANGE COUNTWATER KS DISTRICT N0. 3 or By -, - - W/Z, /- I A, rim V of the oar- o Supervisors - County of Orange Attest County Clerk ORANGE CO NT ;W7ATERWRKS DISTRICT NO. 5 By Chairman of the Board of Supervisors County of Orange Attest y `" County Clerk CITY OF GARDEN GROVE Mayor ATTEST:' 5. City Clerk / S, / 9 6,1 . } -EXCERPT FROM K-NUrES OF THE CITY COUNCIL ZaNUrES Council Cratrber, City Hall Huntington Beach, California Monday, August 20, 1956 V'Vor Terry, called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 o'clock P.M. Councilmen present: Bryant, Lockett, Irby, Bartlett, Terry. Councilmen absent: None. * * * * * * * * * * * * * * * s * * * # * * * * * * * * * * On motion by Lockett seconded by Bryant the City Council of the City of Huntington Beach ratify the action of the West Orange County Water Board approving the operation and maintenance agreer.�ent between the entities com- prising the West Orange County Water Kurd and the County Wateivorks District No. 3 of Orange County, to undertake to maintain and operate the facilities owned by the West Orange County Water Board, was approved by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. On rwtion by Lockett seconded by Bartlett the Zfayor and the City Clerk be authorized to execute on behalf of the City the -operation and maintenance agreement between the West Orange County Water Board and County Waterworks District #3 of Orange County providing for County Waterworks District l'.o. 3 of Orange County to maintain and operate the facilities owned by the entities comprising the West Orange County Water Board, was approved by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. * * * * * * * * * * * * * * * * t * * * * * * * * * * * * * On motion by Bartlett seconded by Lockett the regular meeting of the City Council of the City of Huntington Beach adjourn. ATTEST: J0FJ1 L. WENRICKSEN City Clerk. (Page #1) JOHN L, HE'NRYCK.SEN City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California VICTOR TERRY Mayor y� STATE Or CALIFORNIA} --'County of Orange } ss= City of Huntington Beach ) I, JOHN L. HEIN S SN, the duly elected, qualified and acting City Clerk of the City of Huntington Leach, California, do hereby certify that the above and foregoing is a true and correct excerpt from minutes of the City Council of said City at their regular meeting held on the 20th day of August, 1956, which minutes in full are on file and of record. WTI'h'ESS my hand and seal of the said City of Huntington Beach this the 29th day of August, 1956. r ' Ott ty Clerk and ex-offiaio Clerk the City Council of the City of Huntington Beach, California V (Page #2) 'bk AG REE RE It T THIS AGR=:.ENT, made rnd entered into this day of September, 1955. by and between Tri CITY OF 11UN INGTON PEAC11.9 a Municipal Corporation or{;anized and existing under end by virtue of Section B. Article XI of the Conctitution of the State of California, and having, a Charter, hereinafter deslrnateC. no 11untinCton reach; f OIW;Gz CO PTY DIGMIC... VU.MER VM 'F., hereinafter decic- � nated as DIST'I'►ICT I.U.MER TMrvp rjud 0r,X*Z!" CgMITY WILTER710IiKS DIMALUCT hUMEM FIVE, hereinafter deelenate d ne DISTI'.ICT NUMER FILE, the governing board of which Districto is the County Doard of Supervisors of Dran-e County, California, VITNES3ETri: 11F REAR, the parties to tIdn agreement are municipal corpora- tione and vatervorks districts existing within And a part of OraMe County Eunialpal. dater District uldch vac ori;anized for .the purpose of meeting ulth the requirea;ents of the Metropolitan 1.`ater District of Southern California for annexation and securing, water from calf Retropolitan dater District; and I.- 1IEMEAS, it is required that c. contract be entered into befiie"eii' the entities above designated and the Urar•[:e County Eunicipal Vater District coven"_,, the delivery of Water from the lines of the Yetropolitan Hater Dictriot and -payment therefor; and E!'c ME. ", caid Orange County ..unicipal dater District requires that a taxing agency be designated ne the fiscal Agent of the parties obtaining, ouch delivery of crater and that payment for cuch delivery be nade by and throuChl said fiscal agent; and 'Wrizrc-As, orange County 11ater-wrorku District 11'uiber Three has the facilities for acting :as such fis©al agent and' lE qualified therefor no a taking, nCency ac cpeolfied by caid orarre County t:unteipal Water District and it is aEreeable to Huntington reach and District Number Five that District Number T17xee not as cuch fiscal J agent, nor, therefore, it is agreed ac follove: -1- 1. That said Orange County Waterworks District Fumber Three be, and the came is hereby designatea an the fiscal agent to act for and on behelf of itself ani Orange County Vatervorke District Number Five and the City of huntin.gton Beach, in contractinZ for the delivery of water into the lines belon3ing to said ertitieu and being constructed under the direction and control of the Weat Orange County Water Board. an agency created under the Joint rowers Act of the state of California by the three entities hereinabove referred to. 2. It shall be the duty of said fiecal agent to pay all bills rendered to it by the Orange County, ;Municipal Water District, or the 2letropolitan Water District of Southern California, covering water delivered Into the facilities of caid entities as constructed under the direction of said Meat Man, County Water Board, ant in turnto bill and collect from the respective entitiee their chore of the grater no delivered and billed, and to make said payrents on or before the delinquent date thereof. 3. For the purpose of enabling; said fiscal agent to make such paymente before delinquency, a fund is hereby ectibliched-to be knoun as the Joint Water rurchase Fund, which fund shall be deposited with the County Treasurer of Orange County and payments made therefrom in the sale manner as Paymente cse made from the funds of County Vatervorke Diutricte. Laid hind shall initially be in the s,mount of , and eh;�].l be contributed by the respective entities in the fol?ovIn; percents es: huntinLton Beach District Number Threat; ��• District 2dumber Five r �+. Each of the entitiec herein concerned shall contribute to raid fund proportionately to their ectinated uce of the water delivered ac aforesaid by said Yetrbpolitan Water District of Southern California and raid fund•;hall be acintained by depositing V therein on each settlement date the amount received in payment from 10-2-- sold entities for water delivered to esUah entity. ,j. Eaoh of the parties to this agreement shall taken guoh aeatlon as may b�e neoe ssary by the levy of taxes or otherwise to &,$sure the, receipt of sufflolont funds to Comply with the provisions of this agreement. 6. They terms Wid provisions of this agreement may be altered from time to time by the uni r4Aous oonsent of the governing boards of eea4h of the padrtlees hereto speealfloally authorI sly suceh a"nixent or alteration,, provided, however, that such amendment and alteration sha.0 go only to the designation of the riooal agent, the amount of said. Joint Water Purohase Fund, a A the re"otive eontributiorso thoreeto Z►oh of the parties hereto has, by resolution of its geaveM,M Board, duly lntIroduaod, passed aid adopted,, eertiflod 0*ples of which area hereto attaohed, aut1 oriwed the M a#;rman or its goveeraing "Ard Aw its secretary to exeoute and Ulivrear to ea*h of the otbor parties this agreement eexeouted in oounteerpart. This Agreement was oxeoutod the day and year first abovet wri tteen. CITY OF HUNTINOTO N BrAch - � Z— Y Mork ORANGE MUM womnion s Ai m:m T "SU ER VMS DV A'' P OVER r,� � _� ! v ; : ; :, rman G We47�trd C1 JOEL E. OGLE, COUNTY COUNSEL rVCOLJ,TY, LIFORNIAAttest By-/ ;7.1- TANT �t1iAPi�;?�dOii�Ie3 "1S2iC' �St3)t By or the Board0 IQ r Attest I r 7 ` r A G R E E 11 E N T THIS AGIT=- IMNT, nacre and entered into an of the Sth day of February, 1955, by and between the CITY OF HUNTIUGTON BEACH, a 1•1uniciprl Corporation or onized and existing under and by virtue of Section 8, Article XI of to Constitution of the State of California, and having a. Chnrter, hereinafter designated to Huntington Beach; ORA2;GE COUNTY WATERWORKS DISTRICT E=-BEF TH-LEE, hereinafter designated as DISTRICT MY.= TMEE, and ORANGE COUNTY WATER ORKS DISTRICT NUMBER FIVE, hereinafter designated as DISTRICT NUMBER FIVE, T1ITNESSETE: WHEREAS, the parties to thin A reement are municipal cor- poratione and Waterworks districts existing within and a part of Orange County Municipal Water District which was organized for the purpose of meeting with the requirements of the Netro;clitan Vater District of Southern California fcr annexation and securing Crater fro ► Said Uetropolitan .rater District; and WHEREAS, said Orange Count,,.;, ..unicipal Crater District or the municipal corporations and waterworIc dictrictc exleting within and a part thereof will be required to construct facilities for transporting water from the point of delivery by the Metropolitan Water District to the distribution facilitiec of the various con- stituent members; and UHEREAS,-the parties hereto have heretcfore entered into an agreement -and contributed funds for the purpcse of employing engineers to make a study and ottain information with reference to the nature, extent and cost of the facilities required; and said engineers have made and preeentei their preliminary report to the constituent agerciec hereof, which caK preliminary report rue been the basis for bond proceedings which have been voted by the electors of the respective constituent soensice; and funds are 1. avails.ble for the purpose of constructing said facilities Then the bonds heretofore authorized have been cold; and WHEREAS, it is the desire of the parties to this agreement to made provision for the construction of facilities recom en ded by said engineers and to rake provision for the joint exercise of powers and to select And co nsti :.ute an agency to -Administer and execute this agreement; and ITHEREAS, porticnc of said water distributir.0 cysten will be Jointly owned by two or more of the parties to this agreement, and portions thereof will be wholly owned by the respective partiec; that the percentages of joint ovnerchip of such portions cannot now be determined but will be determined by the report of Harrison e: Woolley, the ConsultinS Engineerc., to be submitted to the parties an soon as possible; that the portions of the water dictributin;; eyetem to be owned by one or more of the parties hereto shall be as determined by the report of said En ineere after the same has been approved and accepted by all of the pzrtiec to this aCreemert (or as the came may be nodified by the said parties) and the same eh all be get forth in an exhibit marked "Exhibit A" and attached to this aCreement, and nude a part hereof, and said exhibit chall thereafter determine the proportionate participation or contribu— tion to be Lade by each of the parties hereto, now, therefore, Each of the parties to this agreement, having been duly and regularly authorized so to do by proper resolution of their legislative or governing body, do hereby :tree as follows: 1. 'That the terms of thA greemert M11 be administered and executed by a. board comprised of the follo.:in persons: (A) No members appointed by the City Council of the City of huntin ton Beat_., who rany, but need not, be a member of the City Council of said City, duly a.nd regularly appointed by the City- Council of said City. A) Two members of the Board of Supervisors of Orange County, duly and regularly appointed by caid board of Supervisors; (c) In the event that any municipality, corporation or JG• other public aSency within the County of Orange oreanized and exictin, under the lags of the State of California or under the laws of the United States of ATMericachsll become a party to this agreement as provided in Paragraph 10 hereof, then the membership of this Board shall be increased by one member for each aSency co becoming a party thereto and such member shall be designated and selected by the Governing body of such aSency. 'IN Said Board shall be officially designated as WEST O.RAME COUP:Tt VATE.R D0,00. 2. It shell be the duty of caid board, in accordance with the recommendation of the Engineers employed for that purpose, and in accordance with the directions of the parties to thic agree- ment, to acquire the public improvement desired for the purpose of supplying, the inhabitants of the respective partiec with water and which may embrace any or all of the followi:C: The acquisition, construction, installation, completion, extension, repair or main- tenance of waterworks, structures and appliances Aral cater tra&- mission facilities, and the acquisition., by purchase, condem n- ation, contract, lease, or otherwise, of lande, AShts of way, crater, water rights and :-Ater service, neceecary or convenient for such purpose, and to repair and maintain such ncirly con- structed waterworks, structures and appliances presently owned by the parties to this utreement or to be constructed and erected hereunder. 3. In the exercise of the pourers delegAed to said Board, it shall be, and is hereby* authorized to perform the followin-0 dutlesand functions for and on behalf of the partlee to thic agreement, in clarification and not in derogation., of the powers granted in paragraph 2 above; (a) To employ engineers for the preparation of plans and specifications for any of the tort herein mentioned or for J any unit of said work, and to otter into a contract or 3- % r-%je contracts on behalf of its principals for the Performing of said services; , (b) To advertise for bids furnishing materials and for the construction of any of the facilities herein described, to receive bids therefor, to accept the bids of the lowest and best responsible bidder, and to award the contract or contracts and execute the same for said materials or said construction wor'__; (c) That, if it becomes necessary to acquire by purchase or condemnation any lands or rights of vuy to be used in connection frith the construction or operation of said facilities, said Board shall negotiate for the purchase thereof or shall cause such action for condemnation thereof to be brought in the name of the party or parties to this agreement, if necessary, and may mite such purchases and cause such action for condemnation to be brought, or compromise the same, in its discretion; (d) Perform the above duties, and such other dutiesac may be requested of it by the governing bodies of the parties hereto, provided, however, that the powers of said Board, and the manner of exercising; said porters, shell be limited to those powers granted and the manner of exercising the sane, as are conferred upon County Waterworks District Uo, 3 of Orange County under the provisions of the County Waterworks District Lam, being Division 16 of the Wator Code of the State of CK11fornia. 5. For the purpose of paying for the proposed crater di€ K - bution oyctem hereinabove referred to, there stall be created and established a Construction Fund into rhich each of the parties hereto shall cause to be transferred out of money received from the sale of its bonds or from the proceeds of other methods of financing, sufficient of said funds to make a total of k200,000.00, each of the partlec hereto transferr111into caid funs: a share V equal to its percentage of ownership'in the proposed water dis- tribution syste4 as shourn on "Ex'hibit Al' to be attached hereto, so that out of said fund may be paid monthly the engineering coots, the progress payments provided in construction contracts and the bills for costs of rights of way,land, materials, labor and supplies accruing monthly. The cocte of rights of way and lard crall include all expenses in acquiring t:he cane, irhether by pur- chase or condemnation or other : eans, if such is necessary, V" en such payments are :wade from such Construction Fund, the parties hereto shall pay into said Construction Fund, in proportion equalling their rights of ownership, sufficient of said money to restore it to the said sum of 1,,,200,000.00. Provided, ho1•re`rer, that s-hen the vrork herein described has progressed to the point where the unpaid portion of the sums to be paid on contracts or for land or rights of way to be acquired, the materials and Supplies to be purchased, labor to be performed, including enSineerin.- costs and other expenses properly chargeable to construction, have been reduced to a sum less than k200,000.00, the payments into acid Construction Fund need not exceed the sum necessary to bring such fund up to equal the total of such unpaid bills and contracts. b. For the purpose of akin dieburceµents out of said Con - CD •-etructio n Fund as above set forth, the City of Huntington Beach chill .be constituted the disbursing, Egent of the partiec to this a.C,ree- rent, and the depositary of such funds, and shall pay out all of cuch expenditures as approved in the manner 'hereinafter set forth. In acting as such depositary and in paying approved expenditures, the City of Hurtin,ton Beach chnil: (a) Deposit all funds received in a special Surd to be designated as "Orange County I;unicipal Stater District Construction Fund"; (b) :-rake payments from said fund only upon a requisition J s. signed by the C circa.': of the Bocxd ana accompanied by resolution of the Board authorizing the payment. A copy of the approved demand so paid by €aid depositary shall be furnished to each of the parties to this agreement, to- gether with a breakdown thereof Fhowing the percentage and the amount of the funds of each entity expended for the purpose of satisfying said demand. The governInC Board of each entity shell thereupon authorize its Treasurer to reimburse said fund in the mount expended for the benefit of suzh entity and forthwith transmit sufficient funds out of the proceeds of its bonds to the City of Huntington Beach to cake such reimbursement in accordance with paragraph 5 thereof. The foregoing procedure E all be continued until ail costs and expenses in connection with the acquisition of land and rights of way, and the construction of said facilities, are paid and the wor% completed. Any balance remaining, in the Constriction Fund 001 be apportioned among the parties hereto, so that the portion_ remaining in the Fund, which has been paid Into the Fund by each of the parties, would be returned to such parties. All engincerirg an& inspection fees and attorneyet fees and otter such expense: Incurred in connection with said work shall be considered cot.- ctructlon costs. 7. Each of the parties hereto shall have the perpetual right to the use of all of such portions of the Water Distribution System and Slater Transmission Facilities" and the units thereof in the percentages as shall hereafter be established as shown on "Exhibit A" to be attached hereto, whbh percentage chall ectabl ich and determine the capacity rights thereof of each of the said parties. Atone of the said parties shall in any gray Crant, encumber, limit or restrict its interest or ownership in Any part of said "Syctc " cr seek to partition the same or have any pert b. �r V thereof eet Apart in severalty cr uee caid part for a r' purpose other than the distribution of vrater without the prior consent of the other parties to this agreement. 8. After the completion of the acquisition and construction of said "System", the parties to this agreement she11 have a point administrative orb;anization for the purpose of operating anw mairta,inin-.said "System", and shall have the eeme administrative, operational and maintenance emplo`•eee as may be necessary for the economical And efficient operatic and maintenance thereof, which said ,point administrative orga.^iZation shall be administered by the Board created herein. In the event that the parties to this agreement shall so direct, said Board may enter into a contract with one of the parties hereto or with other qualified agencies for cuc: administration, operation and maintcnarcc. Each of the parties to this agreement s Rll from time to time transfer so much of its funds, exclusive of its funds derived from t.e sale of bonds, into a joint administrative fund as may be necessary, t.'rich shall be used to pay the expenses of such joint administrative orr,anization or the cost of such administration, operation ana maintenance, under a contract. The contributions of the respective parties to saia joint adminictrative fund crall be in proportion to the proportional coat of the facilities above described and any extentions or adc.itions thereto of the respective parties. Provided, however, that, if any of the parties hereto havirrz, the use of or ownership of any cection of said facilities not jointly owned by one or more of the parties to this agreement s_ al.l decide that it is to its or their £dvantage to maintain and operate said section-,., and ouch party by resolution of its or -their govern- irg bodies decide so to do, and so notify the joint nd.uinistrwtive 7. { orEanization of such intention, then such party, within thirty (30) days after service of said notice, shall take over the said duties and shall pay the cost of such maintenance and operation, and the joint administrative organization shall be relieved of such duty until requested to reassume the same by the governing board of such party or parties. 9. E€zch of the parties to this agreement shall take such action as may be necessary by the levy of takes or otherwise to Assure the receipt of sufficient funds to comply with the pro -- visions of paragraph 8 above. In order to enable said parties to make a tax levy for the purposes of such operation and maintenance, the Board shall, on or before the 30th day of June in each year, furnish to the governing, Board of each of the parties to this agree- ment, a budget ch owinC the funds necesoary to be raised for the maintenance and operation of saiC4 "System" for the rest fiscal year and shall cow the allocation of said funds and the proportional participation therein of each of the parties to this agreement. 10. Whenever any nunicipalitIce, corporations or other public agency within the County of prance, oroanized aw a existing under the laws of the State of California or under the laws of the United States of America shall desire to become a party to this agreement and its governing, body chall, by resolution or other vise , find and determine that it will be to the itterest and advantage of such public agency so to do anA shall authorize the execution and cigning of this agreement, such public agency may become a party hereto upon the mutual consent of all of the parties hereto cc evidenced by resolution adopted by their respective governing bodies, which resolution shall permit such other public agency to execute Aral sign this agreement upon such terms and conditions as may be set forth in said resolution, Including the payment of such sum as shall be de germ ined by said parties, and each of said public V agencies, shall, after full compliance with said terms, have the n. perpetual right to the use of said facilities in such proportion as shall be determined by said resolution permitting such additional parties to participate herein. 11. This Board stall have the power to fix the amount of compencaticn per meetinC to be paid to each member of the Board and to the Secretary of said Board, for his cervices for each meeting; attended by him; provided, however, that cuch compensation e:all not exceed "W10.00 for each meetim of the Board atten de3 by hip:, together with expenses necessarily incurred by rim in traveling; between his place of residence and the place of meetin; and provided, further, that no person shall receive compensation_ for attending more than three (3) meetin;;c of the Board during any calendar month. The compensation herein mentioned chall be in addition to any other Fees or compencation allowed by la.: for any other official post occupied by members of this Board, or the Secretary thereof. 12. This Board may, from time to time, employ enSineers, surveyors and other qualified pereone to perform the wor% necessary to be performed to accomplish the objects of this a reement, and may employ such other persons as it shall deem necessary and desirable to carry out the objects thereof and fA the compensation to be paid to all of such persons so employed by it. It shall have the power to remove Any and all such employees as it may deem necessary or desirable. 13. The terms and provision; of this agreement may be altered, e.wnded or departed from or construed to have been waived Mon the unanimous content and agreement thereto has been expressed by the reealution of the governing bcdies of each of the parties thereto epecifically authorizinC said amendment or depart-.-c from the terms hereof. .J g' Each of the parties hereto has, by resolution of its governing Board, duly introduced, passed and adopted, certified copies of which are hereto attached, authorized the Chairman of its governing Board and its Secretary to execute and deliver to each of the other parties this agreement executed in counterpart. This Agreement was executed the day and year first above written. CITY OF HUNTINGTON BEACH B Adle---- — -- Ni o r TSt� and City'Clerk ORANGE COUNTY j�IATERWORKS DISTRICT NUMBER FHREF By !- / unaarfaan of the arch o SupervisDxe-of Orange County, California ATTEST, 0 NU- B y RANC3E/COUNTY WATERWORKS DISTRICT Supervisb.' s"df 'Orange County, California ATTEST' t CI OP aAa�str` y Mayor ATTEST t �-tJ City Clerk 10./��o CITY OF SEAL BEACH By May ATTEST • City Clerk CITY OF WESTMINSTER By Mayor ATTEST: �,,,,�a�,bfit� City Clerk r • r EXHIDIT "A" ' PERCENTAGE OF OWNERSHIP IN WORKS TO BE CONSTRUCTED BY THE WEST OFANGE COUNTY WATER BOARD Total District No, 3 District No, 5* City of Huntington Beach Line or -Works Capacity Ca aCit Ca acit Capacity -% (cfs) efe (cfs) (cfs 1 21.46 4.00 18.639 7.21 33.597 10.25 47.764 2 18.46 1.00 5.417 7.21 39.057 10.25 55.526 3 17.46 - - - -. 7.21 41.294 10.25 58.706 4a 11.87 - - - - 1.62 13.648 10.25 86.352 4b ll.06 - - - - 0.81 7.3z4 lo.z5 92,676 M 10,25 - - - - -- - - 10.25 100.00 -5 6 8.82 - - - - - - - - 8.82 100,00 7 `= 8.08 - - - - - -- - - .8.08 100,00 ' 7a 4.04 - - - - - - - - 4.04 100,00 7b 4.04 - - - - - - - - 4.04 100.00 *8 5.59 - 5.59 100.00 *8a ;•3.36 - - - -» 3.36 100.00 - - - - *9 0.93 - - - - 0.93 1001,00 - - - - f Meter, Pressure Regulator and Appurtenances at M,W.D. Connection 18.639 33.597 47.764 *Includes capacity for 0.93 cfs to the U.S. Navy installations, Certain other works which will serve each of the individual entities and be wholly owned by each entity respectively, le, meters, pressure regulators, distribution lines and appurtenances, are not listed above;but will be constructed by the West Orange County Water Board together with the works above'Set forth. May 25, 1955 REQUEST FOR CITY COUNCIL ACTION Date: June 7, 1993 SUBMITTED TO: Honorable Mayor and City Councilmembers 91/f3 SUBMITTED BY: West Orange County Water Board (WOCWB) QfnC�r�•a PREPARED BY: Maybrice Johnson, Secretary to the WOCWB SUBJECT: AMENDMENT TO WOCWB JOINT POWERS AGREEMENT Consistent with Council Policy? (X) Yes (} New Policy or Exception Statement of IsSue. RecomM?.ndatlon, Analysis, jng_Source._Alternative _Actions, ttachmentE: STATEMENT OF ISSUE: 1. May26.19U — As part of the 1992/93 WOCWB Budget the directors of the WOCWB approved an increase in compensation for Board members of $25 (from $50 to $75). The Budget was ratified by the four joint powers member cities of Huntington Beach, Garden Grove, Seal Beach, and Westminster. 2. June._ 1992.— Betty Tate, former Secretary to the WOCWB, discovered that the $25 increase for the Board members could not be paid due to a clause in the Joint Powers Agreement limiting the compensation to $50 per meeting. Upon request by the Secretary, the matter was referred to the attorney for the WOCWB, Bowie, Arneson, Kadi, Wiles & Giannone. 3. September. 1992 — Bowie, Arneson, Kadi, Wiles & Giannone issued an opinion that the four cities involved in the WOCWB must approve an Amendment to the Joint Powers Agreement in order to properly approve the increase in compensation of its Board members and forwarded a proposed Amendment (A) to the WOCWB for approval. 4. September 15. 1992 — At the regular meeting of the WOCKB, the Board postponed action on the Amendment to the Joint Powers Agreement to the December meeting because the full board was not represented. 5. December 15, 1292, — At the regular meeting of the WOCWB, the Board approved the Amendment (A) to the Joint Powers Agreement and directed the Secretary to forward Amendment (A) to the four cities for approval. 6. February. 1993 — Amendment (A) is not satisfactory to the Huntington Beach WOCWB Board members and City Administrator. 7. MayA2. 1993 — WOCWB Secretary suggests rewording of Amendment (B) to the Joint Powers Agreement. Revised Amendment (B) prepared by Bowie, Arneson, Kadi, Wiles Giannone incorporating suggested changes made by the Secretary. REMMMEND T�1 ION: 1. Approve and authorize execution of REVISED Amendment (B) to the WOCWB Joint Powers Agreement which sets compensation for the Board members by resolution which must be ATIF DD by the City Council of each city/entity. The compensation for the Secretary and Assistant Secretary would remain set by the Board members as is currently done. AND 2. Authorize payment of the increase in compensation (from $50 to $75) for Board members approved as part of the 1992193 WOCWB Budget. REQUEST FOR COUNCIL ACTION June 7, 1993 Page 2 ANALYSIS: Amendment (A) would remove the $50 maximum compensation per meeting of the Board and allow Board members to set their own compensation. Amendment (B) would remove the $50 maximum compensation per meeting for Board members and future compensation would be set by a RESOLUTION adopted by the Board and RATIFIED by the City Council of each city/entity instead of amending the Joint Powers Agreement each time. The compensation for the Secretary and Assistant Secretary would remain set by the Board members as is currently done. ** (There are normally four to five meetings per year for five Board members. Two representatives of the City of Huntington Beach, one representative of the City of Garden Grove, one representative of the City of Seal Beach and one representative of the City of Westminster.) ALTER —NATIVE ACTION: 1. Approve and authorize execution of Amendment (A) to the WOCWB Joint Powers Agreement to allow Board members to set their own compensation. 2. Require an Amendment to the Joint Powers Agreement be prepared for each increase in compensation for Board members. FLI-NDMQ Water Utility Fund SOURCE: A.'('TACHMENI : 1. Correspondence from WOCWB Legal Staff 2. Amendment (B) to the WOCWB Joint Powers Agreement 3. Correspondence from WOMB Legal Staff 4. Amendment (A) to the WOCWB Joint Powers Agreement 1079K h T%A(' H/yI&-N7' BowrE, ARNEsoN, KADI, WII-Es & GwwoNE A PARTNERSEIIP INCLUDWC A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 4920 CAMPUS DRIVE ALELkND£R BOWIE, NE%?ORT BEACK CALTORNIA 92660 AREA CODE 714 10AN C ARNE SON TELEFHONE $31-I3o0 VUU& j. LAM( FAX (714) 951-2014 WENDY IL atUES lATRiCIA L CIANIaQM ROBERT & ANSWW ERICR.DOEPJNG 19007 B4 XENNETH S. LEVY ART01• NUU T04W MARY L DENNIS JANET>">+MUM May 18, 1993 .AFlCFESSdyALC MORATCH Ms. Maybrice L. Johnson Secretary West Orange County Water District 2000 Main Street Post Office Box 190 Huntington Beach, CA 92648 Re: Amendment to West Orange County Water Board Joint Powers Agreement Dear Ms. Johnson: As we discussed in our telephone conversation of last Friday, please find enclosed a copy of an amendment to the West Orange County Water Board Joint Powers Agreement, which is essentially the same amendment which you forwarded to my attention by your correspondence of May 12, 1993. However, I took the liberty of naking certain clarifying changes to the amendment which are intended to conform with your intent with respect to how Board member compensation is fixed. These changes can be summarized as follows: I. Only Director compensation is fixed by action of the member agencies. The Secretary and Assistant Secretary continue to receive a salary fixed by the Board. 2. The amendment has been revised to be non - gender specific. i Bowen, ARNEsm KADi, Wrms & GLANNom Ms. Maybrice L. Johnson West Orange County Water District May 1B, 1993 Page 2 I hope that these suggestions prove helpful. any further assistance to you, please let me know. AJN/k j Enclosure Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANYONE By J. Puutinen If I can be of C . AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this day of , 1993, by and between the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California; W I T N E S S E T H: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 6 of the aforesaid Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the West Orange County Water Board. AJN/4201 05/17/93 NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powero Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 2. Section 6 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to road as follows: "Section 6. Each Director shall receive compensation for each meeting attended by him or her, not exceeding three (3) meetings in any calendar month, reimbursement of travel expenses between their place or residence and the location of the meeting, and for performing duties for the District other than attending Board meetings, and other expenses related to such other duties as may from time to time be established by a resolution adopted by the Board and ratified by the City Council _2_ AJN/4201 05/21/93 of each contracting public agency. The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold.,, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: City Clerk, City of Huntington Beach ATTEST: city Clerk, City of Seal Beach --3 - AJN/4201 05/21/93 CITY OF GARDEN GROVE By Mayor CITY OF IRTNTINGTON BEACH By, - E Mayor r.- . 0 FO _ �F.2d:j GAIL FGTTON C I A ' ORZi dy CITY OF SEAL BEACH eputr City Attorney $Y Mayor ATTEST: CITY OF WESTMINSTER By, Mayor City Clerk, City of Westminster _4- AJN/4201 05/17/93 ArrwitmeNr 3 ALEXANDFR BOa7E• )OAN G ARNESCH UlU IAM 1. KADI a'mgxK%= PATMM B. G1Ah'NONE ROBERT E ANS= DARLLNE L 3NO ec1CR-DOEPM KENNTM S. LEVY AKTo ). NLAn a+IV MARY K. DE NNM Bow,E, ARmON, KADI, AVII.Es & GuNmNE A PARTNERSEIIP 040XD1*1C2 A PROFESS ONa CORPORATION 4920 CAMPUS DPJW MWORTSEACK CALMM-41A 92660 September 11, 1992 Board of Directors West Orange County Water Board Post Office Box 190 Huntington Beach, CA 92648 AM CODE 114 TELEPHONE 851-13M FAX (714) 851-2014 ems. ol.R F" 19007 B4 Re: Amendment to West Orange County Water Board Joint Powers Agreement Honorable Members of the Board: At the request of the Manager and the Secretary of the Board of Directors of the West Orange County Water Board ("WOCWB"), we are providing you our opinion regarding the necessity for amending the West orange County Water Board Joint Powers Agreement ("JPA"). You have previously received correspondence from Paul Berryhill of Barrett Consulting Group dated March 13, 1992, indicating that for fiscal year 1992-93, the amount budgeted for compensation for the Directors to attend Board meetings, as well as the monthly stipend to the Secretary and Assistant Secretary, reflects an increase in the amount of $25, presumably per meeting, subject to approval by the Board of Directors of WOCWB (the "Board"). It is the opinion of this firm that the Board must amend the JPA in order to properly approve such an increase in the compensation of its Directors, the Secretary and the Assistant Secretary. This is because the JPA, as presently worded, prohibits the Board from fixing an amount of compensation for its Directors in excess of $50 for attending meetings of the Board, or an amount in excess of $50 for performing other duties for WOCWB. No similar restrictions are provided for relative to the compensation or salary of the Secretary and Assistant Secretary. Moreover, the JPA does not presently provide for the procedure by which WOCWB could provide for increases in compensation to the Directors and other designated officers. In this regard we believe the JPA should be amended to delete the dollar limitation for the compensation to be paid to the Directors, and be further amended to include a provision 6,1 BOWIE, ARNmN, KADI, WILES &, G ANNONE Board of Directors West Orange County Water Board September 11, 1992 Page 2 setting forth that WOCWB may, to the extent not otherwise provided for in the JPA, exercise the powers of a general law city or one of the charter city Members. We suggest the powers and procedures of a general law city be designated. This would be appropriate under the pertinent provisions of Government Code Section 6500 et seq. ("Joint Powers Act"). The member agencies could, on the other hand, agree to exercise the powers of a charter city, although this would require the members to designate which member agency's charter should govern WOCWB for this purpose. The alternative suggested seems like a more direct and simple solution. By amending the JPA the Board could make increases in the compensation paid to its Directors and other designated officers, in an amount to be determined by the Board. If the Board chooses to exercise the powers of a general law city, the Board would then be subject to the procedures applicable to general law cities, which require that adjustments in compensation to members of the governing board and other designated officers be made by ordinance. A form of an amendment to the JPA providing for the revisions which we believe are appropriate is included with this correspondence for your review. Please do not hesitate to contact the Firm should you have any questions or comments regarding the matters discussed herein. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE IIy � j Arty•J. Nuutinen AJN:sb Enclosure cc: Mr. Ray Woodside Mr. Paul Berryhill Mr. Alexander Bowie 0 AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this day of , 1992, by and between the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the "Parties", all of which are municipal corporations formed under and existing pursuant to the laws of the State of California: W I T N E S S E T Hs WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 2 of the aforesaid Joint Powers Agreement to include a provision relative to the manner by which the West Orange County Water Board may exercise its power, and also to amend Section 6 of the aforesaid AJN/4201 09/10/92 Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the West Orange County Water Board. NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I. Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 2. Section 2 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: "Section 2. The parties hereto have created and do hereby create a separate public entity known and designated as the West Orange County Water Board. Said entity was created for the specific purpose of constructing, repairing, maintaining, operating and administering a joint pipeline or pipelines and other -2- AJN/4201 09/10/92 facilities for obtaining, transmitting, storing and distributing water to the parties hereto. it is specifically agreed that the West Orange County Water Board may take, acquire, purchase, lease, hold and own real and personal property in any manner and of every class or description, contract with public agencies, private persons and corporations; exercise the right of eminent domain either by itself or in conjunction with any one or more of the contracting public agencies; sue separately or in conjunction with any one or more of the contracting public agencies; adopt rules and regulations for the works and facilities operated, maintained or controlled by it; employ or contract for services and labor by individuals, as Well as public and private corporations, and to do all things necessary or convenient for the proper performance of this agreement and the purposes herein specified. it is further specifically agreed that the Ilest orange County Water Board may, to the extent not herein specifically provided for, exercise any powers in the manner and according to the methods provided _3_ AJN/4201 09/10/92 under the laws applicable to a city formed and existing pursuant to the general laws of the State of California." Section 3. Section 6 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows; "Section 6. Each Director shall be compensated for attending meetings of the Board an amount as ray from time to time be established by the Board. Additionally, the Board may provide for the reimbursement of traveling expenses for Directors between their place of residence and the location of the meeting in an amount determined by the Board. A member of the Board shall also receive for performing duties for the West Orange County Water Board other than attending Board meetings, including traveling and other expenses in relation to such other duties, an amount as may, from time to time, be established by the Board. The Secretary and Assistant Secretary, if there be one, shall be compensated for performing duties for the West Orange County Water Board, which may include -4- AJN/4201 09/10/92 traveling and other expenses in an amount as may, from time to time, be established. by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: City Clerk, City of Garden Grove ATTEST: city Clerk, City of Huntington Beach ATTEST: City Clerk, City of Seal Beach AJN/4201 09/10/92 CITY OF GARDEN GROVE By Mayor CITY OF HUNTINGTON BEACH By Mayor APPROVED AS TO FORM C�.ty, Attorney -- Huntington Beach a* fGlt,/ �•zL-q3 CITY OF SEAL BEACH -5- By Mayor ATTEST: City Clerk, City of Westminster -6- AJN/4201 09/10/92 CITY OF WESTMINSTER By Mayor 9 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON $EACH TO: Honorable Mayor and City Councilmembers FROM: Mae Johnson, Secretary, West Orange County Water Board W� SUBJECT: AMENDMENT TO JOINT POWERS AGREEMENT — WEST ORANGE COUNTY WATER BOARD DATE: May 12, 1993 I am the secretary to the West Orange County Water Board and would like to respond to concerns regarding the proposed Amendment to the Joint Powers Agreement. 1. On April-20. 1992, as part of the 1992/93 WOCWB Budget the Huntington Beach City Council approved an increase in compensation for Board members of $25 (from $50 to $75). 2. In Jane, 1992, Betty Tate, former Secretary to the WOCWB, discovered that the $25 increase for the Directors could not be paid due to a clause in the Joint Powers Agreement limiting the compensation to $50 per meeting. Upon request by the Secretary, the matter was referred to the attorney for the WOCWB, Eowie, Arneson, Kadi, Wiles & Giannone. 3. In September, 1992, Bowie, Arneson, Kadi, Wiles & Giannone issued an opinion that the four cities involved in the WOCWB must approve an Amendment to the Joint Powers Agreement In order to properly approve such an increase in the compensation of its Directors and forwarded the proposed Amendment to the WOCWB for approval. 4. On September 15. 1992, at the regular meeting of the WOCWB, the Board postponed action on the Amendment to the Joint Powers Agreement to the December meeting because the full board was not represented. S. On December,15._1992, at the regular meeting of the WOCWB, the Board approved the Amendment to the Joint Powers Agreement and directed the Secretary to forward the Amendment to the four cities for approval. The Joint Powers Agreement has always allowed Board members to set their own compensation up to a dollar amount stipulated in the agreement. The reason for removing the dollar amount by amending the agreement to reflect no dollar amount was to avoid the necessity of amending the Joint Powers Agreement every time an increase in compensation is approved for the directors. Each city has adopted the 1992/93 Budget approving the increase from $50 to $75 a year ago. i have drafted a new Amendment which would require any increase in Board member compensation to be set by resolution ratified by the City Council of each city/entity, a copy of the legislative draft is enclosed. The changes I have drafted are a possible solution. I have forwarded this suggested wording for the Amendment to the attorney, at Bowie, Arneson, Kadi, Wiles & Giannone, who prepared the previous Amendment. Please call me if you have any questions or problems at (714) 536-5227. CC: City Administrator Public Works Director City Attorney Water Operations Manager Enclosure 1527K LEGISLATIVE DRAFT AMENDMENT TO WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this day of , 1992, by and between the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies" or the' "Parties", all of which are municipal corporations gorged under and existing pursuant to the laws of the State of California; W I T N E S S E T H: WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 2 of the aforesaid Joint Powers Agreement to include a provision relative to the nanner by which the West orange County water Board may exercise its power, and also to amend Section 6 of the aforesaid AJN/A201 09/10/92 Joint Powers Agreement, providing for the payment of compensation and expenses of officers and directors of the West Orange County Water Board. NOW, THEREFORE, the Contracting Public Agencies hereby do agree as follows: Section 1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and -are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Iiq'a A -70k" PaWdfk JVjE ✓du 6M 341WI V t(d V dibA4,rY166Grd it: JjAkv6VJ W40AW Itb HWY �b MXdkl AI IMOAVY01V/1. TM via)-Ydi HdIlab Made bWatf i ,mid ad di6wd A Isld jAVaW / p I1 U-1d VrNi' § ;MOI'fi 0.4 40M/41WW 0 06 Wait diiigd C6+ AUy AVONMX96 PVYAHd Of dMhViikMM4, iMW: hq, --2 - AJN/4201 09/10/92 otortto Mfid Phkkk kb kh,4-- varr/tlydd WOW gvgwqq ggv7vy VOM POW t$y fAxp f ..... Wt6441 ptoWw Ah goy oolw APA ax dbtAtt kk;thAt birk1l1� �A� Y�t��k� bb nth �4r's�• bfik bf �dt� df iMk kbtif.tAbf�fi�/ p�iblli� A�bfibQkk: kkk �k-��bkk1�► �t d.t► bbt`���u-�1 *Lth hhv ddd di iAdid df tKd 66Af.fAULtL4 thWLf-- A�b�1; &alpt ihAli� iAd tittlAftbfib ttbk kM Ylpp7cA AAA fieLI fikb bPbfAkkd, to oV bbt�Ekb. Imo. ,if: b���b� 6t bbfiitk�t fbf AktPAtkb/ Ate UV50t Dt ANIA7 AAAAXA, bk whqA At tfib1i,Q.b iAd �tWf6 bbf�bfAklibfib, • did fb Ab AIL fX� fd k/ rte'de'�da'dy drf dddvediedtC fdt tA6 Obbhk PAkf,6kfi0t,bk bk DUA Attkkbkhk Afib Mb VYDJ?EHb& bfd�fd�vt t�6�dff�i�at. Xf �t ft�k�tnbf b,� Wood zUt thk 17kkb JDAW14k a kifAt tbbfd A�, ,tb/ triA Alctkh t fib;t hAkk, h bfp�Wanr.Vjl 00*404 At, 490tdItb AAt thW6 Ah khk 160ihbk acid ddddtd Ad fb fYik tbfAbA.& tkbkAhk8 -3- AJN/4201 09/10/92 eAdAk thb IA*h AbbA4hAbJW kb A ditt fbf-1,bd AM 0914titlt WAt4a kb khk 0hv-kli 1406 bf bbb $Wo of FAWWAA . It Section $.l. Section 6 of the West Orange County Water Board'Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: " • , rAAh AA,t,0fiZp1t A AA )* itp APANW 10 4(VV#0dxvII 00-tItO. Of ;QV-- W$td At Atkt h7t At tA$ Mh Mbe tb fUbb bk 66tAblIk bA b/I kJik a. Xdd ltidM7IIL j bfib I B60d W bkblydbh tU df kkAArkA4kjj � �$6 t6t lD t btbfk X�,� •, h iGlA6if PIAbb ak kkt4ahkk 4Id 04 Ueitl6h bf thk �I�6tiAd fli Ali 6�bbfib dk�� l6� ffib �bb�r&. X AbbAk ,6,f kbk ZbAka kJAIA iU6 t6b,hlkh kb& WtOtOt 4010t tot U6 plot aWIO Wifkt- �b6f8 bkfik� k} fi kkk lih ��� � idbidA04 �fib�li h� ffA�G61bfiE�/ a'r!d' bktib� # di�dtit A b fiAk, : kkbA t LA6 f 6 Ufn64 Na ost$161AA )5k tnk bbbkbl. TAA g6bt6kwI LAA Z( �UtAbt UbtbUkli, if fKffb bb bM, dMiff U dd;,10A At6d fbk �RlbkM, 1, 4 dtIVIdd Ui f 6 f.,LU -4- AJN/4201 09/10/92 THIS WORDING IS FROM THE LAST AMENDMENT APPROVED 12/15/69 "Section 6. Each Director shall receive iUh tLh kAh�� rIfif J)6XXdt4 , $501001 for each meeting attended by him not exceeding three (3) meetings in any calendar monthly XHo Pooto phAk ptotAob fo t the reimbursement of travelAr.,o expenses for Directors between their place of residence and the location of the meeting. td JA dgh6lift t6 156 AWWOONEid Jbt thb J�bbXb. ;'nb Pbfitd OiAt PtbtAdb tjihx 0 000r0t Of tbb ftAtd j§bAAA AAtb t6t4Atb &n--d for performing duties for the District other than attending Board meetings iA ididiii idi id d:Edidd ,VAX kly Ulldtd �WW3 fbt hfth dh�. AddM6AhHk4 Mb ROOM ctAk W17446 th tbth tbttAWA fbt ineludinQ travel�fi0 and other expenses related to gvch_other_ du "es for a member of the Board and the Secretary tb th6 b#Ubbt thAt Wh Atf- iftAffbd to tbliftbh Lb kfib kkAUk ffibE66f -as sna.Y from tim City_ Council of each city/entity, The Secretary and Assistant Secretary, if there be one, shall be compensated for their work on the basis of a salary fixed by the Board. The compensation herein provided for shall be in addition to any other fee or compensation to which the person entitled thereto might otherwise be entitled to receive by reason of some other office or position which they may hold." 0 1 2 3 4 5 a 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RIawwo 00. SLSGt.l1r1011 Mlle TU AWS39M I! Or rARAcL► S I rN= ! a" 3 Or AMEOGW Cr 143ROW So 1955 Wei W, by Seetmost Oak sod entered tmta oo the ki ray of rebroary. lass. by sod Mtn w City at Ike.tLoglam► Inseb, Or&W Comely Waterworks District loader Tbrse, and Ongp Ceheetr WatorrerW 0169rtot pmhbor rlae, witich said District Maher Tbros Uas Wft swaeoded 1y the city of dasrles GeV", t the aoquisitlen of On faailittee Of Mid Dletrlet pshber Tbee. aed WLUU 1t to deelt"hu tbet the eotbod of Oppolotl% the members of this board bm' ebsaed and edified, gar, tleevoforr, . W !r 19SM90 AS FOLL041 That yoryroph 1 "a" 2 amd 3 of tbet oertals "motet rated rebrvs a, 19331, sod meta at " .Joist leers ASrosmeatys be sow4ed to reed as follove i 01. The tort of this aOsyasa t Shall be armed by a board com- ptlood of the f611001e4 permonst (a) One member oppet" by the Marl of Supervleors of Orswe County. Mro try, but mood oat be a member of said /oar+! of 5upervisoral W One .ember sppoittd by each of the city Commit& of tke Cities of CaWen Crvvs. taal DOW& end Wastainstar. who My, but 0"4 Not be a member of seek City Co -mall of sold City. CO Two wrbess to be efpolssed by On City Commell of the City of HusttsStes tomb, %Me& souiera my, but NOW oat be members of sold city Cahasll. (4) Is On Shoot that amhy .wlatpalitr, serporotlom w otbar Publie A@esay tibia ire County of OnoW, or=aehlsed and oslatiog toiler the tars of try State of Cot Uk"W a or ardor the taro of the United Stataa of Aasria, shell beeewe a party to ti►is airaoment as provided in Paramph 10 bersofe than the w mbership in this board *halt be Inersaeed by awe member for oma# agamey so becomisa a party •t• I I • 4 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18� 19 20 21 22 23 24 25 26 27 28 29 30 31 32 thereto and such member *hall be desl;nated mW oeloetod by the govern. ing body of such agency. and nay, but nerd net be a somber of such gooverniag Board. M IT f1Ji BKR RUOEVIM that any APpatatwents UwAs by the reepeetive City Councils of said Cities in comy aince,jith the above provision, be and the saws are hereby ratlliad and eonfi 2ad. said board shall Us offislally ies!jr4i at ast Orange County water Soart'.' PASSED %ND'ADOPTED at a regul adjournod meeting of the Board of Directors of the West Orange County Water Board held on August 23, 1962; i \HWarner Willis a rmars I, PAUL C. JONES, Secretary of the Feat Oranga Count water board. 1 do hereby certify that the above Aesalution WAS adopted at a regwlar *eeting of the $card of Directors of said west Orange COLICKY iator Ward balk on the d I day of August, 1 %6 by the fallowing toll Call Vl tow AY351 Lambert, Lake, Warner NAYS t Hone Al gffrs Wait@ •2• Paul C. J nes IFIAL Ce JOWS, seerstarr (1 t 0 I COUNCHJUN Al MJGTp,�,6 << OPOAgT�o C`q� I I41 COUNTY July 210 1955 Willis Wanner Chairman. Board of Superrisoars County Court House Santa Ara, Caliba rnia ROY SEABRIDCE. Mayor TED W. BARTLETT, Councilmam HARRY A. L.BARD, Councilman ARCH F LOCKETT, Councilman VIC TEDRT, Councilman OMCIALS ). L. lHENRICKSEN. City Clerk and Administrative Officer W. M. CLEGG, Treu.wer C. A. BAU>rll, Attorney H. A. OVMYER, Engineer and Superintendent of Strwte DER H, DULAIIET, Chief of Pollee D. G. HIGG INS, Fire Chid Roc Revolving Fund - West Orange Counter rater Board Construction Fund Dear Mr, Warner, The attached schedule sbms the Drthod the writer has need . ,4 arriv1ft at the ascust each entity shall pq into the revolTIng fund. Should the County Auditor disagree with the method I have used to arrive at the amounts applicable, I request that the County Auditer submit the oanputatlon to the Board, satisfactory to him. very truI7 yours. J. L. Henricksen Seeretart'-Weet Orange County 'Water Board J IZ 3 bd Enol.l MOUNT APPLICABLE TO ENTITIES IN THE WEST ORANGE COUNTY WATER BOARD IN ACCORDANCE WITH MINERSHIP PERCENTAGES SHMINI IN EXHIBIT "A" ATTACHED TO AGREMNT OF FEBRUARY 8, 1955 Percent of Ownership as per Schedule "A" - Line 1 Percentage of t200,000. Percent of Ownership as per Schedule "An - Line 2 Percentage of 4200,000. Percent of Ownership as per Schedule "A" - Line 3 Percentage of 4200,0000 Percent of Ownership as per Schedule "A" - Line 4 Percentage of 42000000. Totals Or.Co.Water Or.Co.k'ater City of Works Dist, Works Dist. Huntington 93 #5 Beach (18.639%) (33,597%) (47.764%) $37,278.00 $679194.00 01695,528.00 1 5.417%) (39.057%) (55.526,v) 10,834.00 78,114.00 111,052.00 ( none ) (41.294%) (58.706%) - 82088.00 117,412.00 ( none } ( 7.324%). (92.676%) - 271_298.00 172,270.00 - $482112.00 $255,194.00 $496,262.00 CALCULATION TO ARRIVE AT PERCENT OF t2001000. APPLICABLE TO EACH ENTITY Orange County Water Works District 3 $ 48,112.00 Orange County Water Works District 5 2559194.00 City of Huntington Beach 426,262.00 $799,568.00 AMIOUNT DUE FROM EACH ENTITY FOR THE REVOLVING FUND AS ARRIVED AT FROM COMPUTATIONS IN ABOVE SCHEDULES 6.0172% 31.9165% 62.066 100.00p Orange County 'dater 'Works District 3 - 6.0172% of 6200,000. = w 129034.40 Orange County Water Works District 5-31.9165% " 200 000. f200:000. 639833.00 City of Huntington Beach -62.0663% " 12A ,I32.60 Total Revolving Fund 200 000.00 ATOINT APPLICABLE a0 E3;";'IT:[£;i iN THE t'�F.ST I)RANGE COUNTY- WATER BOARD IN 4CCCRD NCE WITH GWVERSHIP PERCEPTAGES SKN-N 11 EXHIBIT "LA" ATTACHED TO AGPX7:1.F IENT O FIBRUARY 8, 1955 - Percent of Ownership as per Schedule "A" _ .Line 1 Percentage of 42C0,0CC. Pereent o:," 0-imership as per Schf; yule "A" -. Line 2 Pe ccent-,a, of 1200 9000. Pert-ent- of 0marship as per 3chvdu1c, "A" - Line 3 rerceritar a Of %)?OO,OUO. Percent c F (Amorchip as per Sehctdulc ''All » 4A Parcenta e of 1200,000. Or.Co.[ ater Or.CoMbter City of Works Dist. Worhr Dist. Huntington (18.6391) (330975) (47.764Q 0379278.00 $67,194.00 SWUM ( 5.417A) (39.0575) (55.5266) 10034-00 781114.00 1119052.00 ( none) (41.294a) (5$.706p) .- 82,583.00 117,412.00 ( none ) (13.648%) (86.352Q 2.7, 296.00 172, 704, 00 Percent of 0-mor ship as pear Schudule "A" » Line 43 ( none ) ( 7.324%) (92.676 ) Percentage of Q00,003. - __]I: Q8.00 8512Y2.00 Totals - $4$ .112. 00 Qf q 6.40.00 68 .00 CALCULIT:it}r., TO ARRIVE AT PERCENT OF $200j000. ' APPLICABLE TO EACH EPITITY Oran, County Water I''o is District � 48,122.00 4.0100Own,Count; Water i�o%s District 1'3 5 269,840.00 25.9840% City of suntin-,vt:orj, Begc'z bS2.04$.00 63, ;,2 , CC0100a_ GG 103. c9 AEMLT DUE FRa-1 EACH ENTITY FOR THE REVOLVING FUND AS ARRIVED IT FROM COAPUTATIONS IN' ABOVE SCHEDJ11S Unam, County- Whtwr W• nkv District #3 - 5.8112 of 200,00% -» D 9,622.40 Onange County Water Qvks District #5 - 26.9840 " 200 000. 53 t968.00 City cf Himt:ina or. Bea:h - 68.2048 " t200:OD). -- _116 t-0 .60 Total Re:volv'„w,-d M0,000.00 I Anendni?nt to E*Ddi bit "All attr."dhpd as part of Joint Powers Arresr-'ant forrIiirg 'K0CV3. a/IG/�. ►�: (. GZ�Y EXHIBIT "A" pYpR OV ! rr,ttU fi'l:tti�E OF 00i R3HIP IN rIURKS TO BE CONSTRUCTED BY 'iHE yt S i CAP A9�iCs Cull f ;�: y w �� � �• ;���,� � r ��'�R Bow Or.Co.l ater :,v1cs. Or.Co.Water Mks. Total District flo. 3 District No, 5* City of Huntington Beach or W_ C_nIm f-.w -�.-r .y01r4 .nnr.nn.+r Iw.w.►4�.rr..w.�r..�.U.,.^-4- VA�� A .����w 1 21.46 4.00 18.639 7,21 33.597 10.25 47.764 2 18.46 1.00 5.417 7.21 39.057 10.25 55.526 3 17.46 - - 7.21 41.294 10.25 56.706 4a 11.87 - - 1.62 13.648 10.25 86.352 4b 11.06 .. - 0.81 7.324 10.25 92.676 5 10.25 - - - - 10.25 100.00 6 8.82 - - w - 8.82 100.00 7 8.08 - r - - 8.08 100.00 7a 4.04 .. - - - 4004 100.00 7b !,W.0'+ - .. - - 4.04 100.00 *8 5.59 - - 5:59 100.00 - *8a 3.36 - - 3.36 100.00 - - *9 0.93 - - 0.93 100.00 - - 10 3.00 3.00 100.00 - .. 11 1.00 1.00 100.00 12 0.81 - - 0.8i 100.00 13 1.IV, : - - 1.0+ 100.00 w 14 1.Ot - - 1.07 100.00 - - Pressure Regulator and � Appurtenances at 141- Connection 18.639 33.597 47.764 ; Includes capacity for 0.93 efs to the U. S. navy installations. Certain other works vihich will serve each of the individual entities and be wholly owned by each entity respectively, ie, meters, pressure regulators, distribution lines and abpwrtenancPs, 4 are not listed above but will be constructed by the Safest Orange County Water Board together with the works above set forth. VO STATENEN'T OF THE ACTION OF CITY COUNCIL Council Chambers City Hail Huntington Beach, California maynr rnrn called -the regular adjourned _meeting of the City Council of the City of Huntington Beacb to.order at'5:00 P.M., Councilmen Present: shipiPv- Bartlett.. Gabbs. Green, Matney, Duke,- Coen Councilmen Absent: kihk ieitki ir*iriririe*** k *-k k* k k k k***irirkrlriF4rirkkirir*rleiMr k k* WEST ORANGE COUNTY WATER BOARD APP07NT?4ENT9 Mayor Matney appointed Councilman Bartlett and Councilman Coen to serve as Directors on the West Orange County Water Board. J Oa motion by Green the regular , adlQ geed _ _ meeting of the City Council of the City of Huntington Beach adjourned at p-M. to at in the The motion was passed by the following vote: AYES: Council.men:_S,Z.J.21py. BartlAtt._Gib_bs`Green, Coen, Duke, Matney HOES: Councilmen:_ _ NoCC ABSENT: Councilmen: Ernestina Di Fabio Acting City Clerk and Acting ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Jerr A. Matney Ernestina Di Fabio Mayor Acting City Clerk STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach -) I, ERNESTINA DI FABIO, the duly appointed, qualified and Acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and - correct- Statement - of Action of. the. City Council of said City at their regular adjourned meeting held on the day of April 19_23. WITNESS my hand and seal of the said Cit April , 19 73 y of Huntington Bea `''this the'-- lgth day of Acting City ClerL—and Acting ex-officio Clerk of the City Gs<< cil of the City of Huntington Beach, Califani_ a'-_ BY: Deputy- HERBERT W.AALMBAC/i FRANK DIrARCO.JR. 804COWOOD C.CHILLiMGwORTH MAROLD B[RAL ALExANOCA 90*11 RICHARD$ O. BARGERO RODEPT N.MRRISON RICHARD C. GRCC"BERG TNOMAS O. PCCKENPAUGH ALAN R-WOLEN LARRY B.Tx BALL TEARYL-RNOOES OMELET C•FROST ERIC W.NARTENS PALPH J. MORGAN DAVIO PATTERSON EB41TH WESTON L.JONNSON BRUCE E.HARRINGTON ^.DWAIN WHITE Pool. N. FORwwR D.JR. PICHARO S•CROWLEY P. SCOTT JACK SON MOwARD S. SLVSHER TMONAS J.BARRACK,JR. LAW OFFICES KAIJ MACH, DEMARCO, KNAPP & CHILLINGWORTH SLUE 900 • NEWPORT FINANCIAL PLAZA 1650 NEWPORT CENTER CRIVE NVAPORT BEACH. CALIFORNIA 92660 TELEPHONE (714) 644-4111 Secretary of State State Capitol Building Sacramento, California April 2, 1973 LOS ANGELES OPPICC ATLANTIC RICNPICLD PLAZA 41TH ►Loom MORTN 7Dw ER 515 SOUTH PLOWER STREET LOS ANOCLES, CALIPORNLA 00071 1r1[LEPHDME(2I3) 6e0.2011 OP COUNSEL JAMES R. ILNAPP WILLIAM P. MILLER RE: Notice of•Joint Powers Agreement or Amendment - West Orange County Water Board Gentlemen: Pursuant to Section 6503.7 of the Government Code, the hereinabove public corporation formed by the execution of a Joint Powers Agreement under Section 6500 and following of the Government Code does hereby file the notice provided for in the recently enacted legislation. Also enclosed is a check for $5.00 for the filing of this document. If you desire additional information in order to accomplish the required filing, it will be submitted to you upon receipt of your request. Very truly yours, Alexander Bowie AB • ct C/"c: West Orange County Water Board i ( f[ii ice Use Only) INITIAL. NOTICE. TO THE SECRETARY OF STATE AS TO A JOINT POWERS AGREDIEIff Notice is hereby given to the Secretary of State pursuant to Sections 6503.5 or 6503.7 of the Government Code as to the existence of a joint powers agreement providing for the creation of an agency or entity which is separate from the parties to the agreement and is responsible for the administration of the agreements. The following information as to the agreement is set forth: (a) The public agencies parties to the agreement are: (1) CITY OF GARDEN GROVE 11391 Acacia Parkway Garden Grove, California— JOINT POWERS AGREDIENT FILE NO. (File Stamp) (2) _ City of HUNGINGTON BEACH _ - 5th and Orange, Civic Center Huntington Beach, California (3) CITY OF SEAL BEACI! 211 8th Seal Beach, California (4) CITY OF WESTMINSTER 8200 Westminster Avenue Westminster, California (If more space is needed, type "continued" in (4) and attach a separate sheet to this form). (b) The name of the agency or entity created under the agreement and responsible for the administration of the agreement is: WEST ORANGE COUNTY ;'LATER BOARD (WOCWB) Pecan P.O. Box 190 Huntington Beach, California Mailing Address: (c) The date upon which the agreement became effective is: October_ 25, ,1967 _ (d)' A condensed statement as to the purpose of the agreement or the powers to be exercised is: "Constructing, rapairing"riaintaining, opoirating and 1 pipLotheor obtaining, transmitting, storing and distributing water to_the,parti-cs hereto." FORid JV-1 SJ (e) Amendments, if any, state brief description: to amend Section 6 of the aforesaid Joint Powers Agreement, providng for the payment of compensation and expenses of officers and directors of the West Orange County Water Board'•" (f) The short title of the agreement, if any, is: WEST ORANGE COUNTY WATER BOARD JOINT POWERS AGREEMENT S Lw' Signature) Alexander Bowie Legal Counsel _ (Tyre name and title of signer) INSTRUCTIONS: 1. Mail this form to Secretary of State, 111 Capitol Mall, Sacramento, California 95814. 2. Include a remittance payable to "Secretary of State" for filing fee of $5.00. 3. If additional copies of this form are sent with the original, the copies will be file -stamped and returned without additional charge. 4. Do not attach a copy of the Agreement and/or Amendments of the Agreement. July 11, 1972 West Orange County Water Board P. 0. Box 190 Huntington Beach, California 92648 Gentlemen; The City Council of Seal Beach, at its regular meeting held Monday, the loth day of July 1972, did confirm the Mayor's appointment of Harold K. Holden to the West Orange County Water Board. Enclosed is a certified copy of Resolution Humber 2120 naming said appointment for your records. Very truly yours, C rEIR, JODY City Clerk -;,"'City of Seal Beach Encl. RESOLUTION NUMBER 2120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIR*RING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORG2UNILATIONS; ASSIGNING CERTAIN DUTIES TO COUNCILMEN; AND RECINDING RESOLUTION NUMBER 2030. WHEREAS, The duly selected Mayor of the City of Seal Beach has appointed various members of the City Council to be the City's official representatives to various boards, agencies, and organizations requiring such representation; and WHEREAS, Certain duties have been assigned to certain council- men; and WHEREAS, The City Council is desirous of confirming such appoint- ments and assignments; NOW, THEREFORE, BE IT RESOLVED: 1. FRANKLIN B. SALES as Mayor of the City of Seal Beach is the City's representative to Sanitation District Number Three of Orange County. 2. THOMAS E. BLACKMAN is the City's alternate representative to i Sanitation District Number Three of Orange County. 3. HAROLD K. HOLDEN is the City's representative to the West Orange County Water Board. 4. THOMAS F. BARNES and THOMAS I. McKNEW are appointed as members of the Council's Finance Committee. 5. THOMAS I. MC KNEW is the City's representative to Southern California Association of Governments. 6. HAROLD K. HOLDEN is the City's alternate representative to Southern California Association of Governments. 7. THOMAS E. BLACKMAN is the City's representative to Orange County Division, League of California Cities. 8. THOMAS F. BARNES is the City's representative to the Orange County Shoreline Planning Committee. g. HAROLD K. HOLDEN is the City's alternate representative to the Orange County Shoreline Planning Committee. BE I'.T' FURTHER RESOLVED: 1. That these appointments and assignments are effective this date. 2. That Resolution Number 2030 is hereby recinded. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach,•California, at a meeting thereof held on the loth day of July, 1972, by the fpllowing vote: AYES: Councilme NOES: Councilmen��r� ABSENT: Councilmen ATTEST: j , y C exk za Mayor I t I, Jerdys Weir, City Clerk of the City of Seal Beach, Calillcrnta, do hereby certify that i rs a t..:a r.,jw cone,.t copy of Rio..�.2'-�2 duly pn:zd end ad:�,.:d by the Seal Beach C Council cn.._.. io — 7----------------- �: Clerk STATEMENT OF FACTS TO: The Secretary of State and County Clerk of'the County of ORANGE. . The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUPITY WATER BOARD 2. Official I -.ailing Address: P.Q. Box 190 Huntington Beach, California 92648 3. I.1arses and addressed of Members of Governing Body: a) H. LOUIS LAKE, P.O. Box 8, Garden Grove, California b) BUEL JARRETT, 7942 14th Street, Westminster, California c) T. W. BARTLETT, 1718 Pine Street, Huntington Beach, California d) ALVIPi M. COEN, 5792 Meadowbrook Drive, Huntington Beach, CaliforniE E) HAROLD K. HOLDEN, 1460 Pelham Road, Apt. #106 B, Seal Beach, California 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman), P.O. Box 8, Garden Grove, California b) PAUL C. JO;IES, P.O. Box-190, Huntington Beach, California Dated: April 199 1972 WEST ORANGE COUNTY WATER BOARD District By .o Clerk or Secretary for and on behalf of the Board of Directors of said District STATEMENT OF FACTS TO: The Secretary of State and County Clerk of the County of ORANGE. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: 2. Official Mailing Address: WEST ORANGE COUNTY WATER BOARD P.O. Box 190 Huntington Beach, California 92648 3. Names and addressed'of Members of Governing Body: a) H. LOUIS LAKE, P.O. Box 8, Garden Grove, California b) BUEL JARRETT, 7942 14th Street, Westminster, California c) T. W. BARTLETT, 1718 Pine Street, Huntington Beach, California d) ALVIN M.,COEN, 5792 Meadowbrook Drive, Huntington Beach, Califor-r►iE e) HAROLD K. HOLDEN, 1460 Pelham Road, Apt. #106 B. Seal Beach, California 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman), P.O. Box 8, Garden Grove, California b) PAUL C. JONES, P.O. Box 190, Huntington Beach, California Dated: April 19, 1972 WEST ORANGE COUNTY WATER BOARD District By Jerk or Sec tary for and on behalf of the Board of Directors of said District STI MENT OF THE ACTION OF CITE UNCIL% Council Chamber, 'City Hall Huntington Beach, California Monday. April 19, 1972 Mayor McCracken called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 o'clock P.M. Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Coen,McCracken Councilmen Absent: None APPOINTMENTS - WEST ORANGE COUNTY WATER BOARD Mayor Coen appointed Councilman Bartlett and himself to serve on the West Orange County Water Board. On motion by Shipley the regular meeting of the City Council of the City of Huntington Beach adjourned. at 10:50 P.M. liption carried. by the following vote: AYES:Shipley,Bartlett,Gibbs,Green,Matney, Duke, Coen Paul C. Jones NOES: None City Clerk and ex-officio Clerk ABSENT: None of the City Council of the City of Huntington Beach, California ATTEST: - Alvin M . Coen Paul C. Jones Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 17th day of April , 19 WITNESS my hand and seal of the said City of Huntington Beach this the 19th day of April , 19 72 . Paul C. Jones City Clerk' and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy W] r X7 STATEMENT OF FACTS T0: The Secretary of State and County Clerk of the County of ORANGE. .The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2. Official Mailing Address: P.O. Box 190 Huntington Beach, California 92648 3. Names and addresses of Members of Governing Body:_ a) H. LOUIS LAKE, P.O. Box 8, Garden Grove, California b) BURL JARRETT, 7942 14th Street, Westminster, California c) T. W. BARTLETT, 1718 Pine Street, Huntington Beach, California d) GEORGE C. McCRACKEN, 16842 Greenview Ln., Huntington Beach, California e)- HAROLD K. HOLDEN, 1460 Pelham Road, Apt. #106 B, Seal Beach, California 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman), P.O. Box 8, Garden Grove, California b) PAUL C. JONES, P.O. Box 190, Huntington Beach, California' Dated: July 16, 1970 WEST ORANGE COUNTY WATER BOARD str cBy Clerk or Sel6eetary for and on behalf of the Board of Directors of said District { ' STA' TENT OF THE ACTION OF CITI OUNCIL Council Chamber, Huntington Beach, City Hall California Mayor PrQTempore Hatnevcalled the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 o'clock P.M. Councilmen Present: n. Matney, Coen McCracken Councilmen Absent: Shi le APPOINTMENTS - WEST ORANGE COUNTY WATER BOARD Mayor McCracken appointed Councilman Bartlett and himself to serve on the West Orange County Water Board. On motion by nTeen the the City Council of the ^City of Motion carried. ATTEST: - City Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } regular meeting of Huntington Beach adjourned.at 11:50 P.M. Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California � Georpe-C.-McCracken - Mayor I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of'Action of the City Council of said City at their regular meeting held on the 19th�day of April__ 1971 WITNESS my hand and seal of the said City;of..Huntington Beach this the 20tiday of April-- - , 19 71' City_ Clerk-andex-officio Clerk of the City Council- of --.the City of Huntington Beach, -California BY: - Deputy M 44 January 21, 1970 Mrs. Jody Weir, City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Dear Jody: We are forwarding herewith a fully executed copy of the amendment to the West 6range County Water Board Joint Powers Agreement, for your files. Sincerely yours, PAUL C. JONES Secretary By: Assistant Secretary PCJ:ED:aw )c I� January 21, 1950 Mrs. Ruby K. Silva, City Clerk Cityy of Garden Grove 11391 Acacia Street Garden Grove, California 92640 Dear Mrs. Silvan We are forwarding herewith, a fully executed copy of the amendment to the West Orange County Water Board Joint Powers Agreement, for your files. Sincerely yours, PAUL C. JONES .Secretary By: s s ant ecretary PCJ:ED:aw I - January 21, 1970 Mrs. Kay Harper, City f3lerk City of Westminster 8200 Westminster Avenue Westminster, California 92683 Dear Kay:' We are forwarding herewith, a fully executed copy of © the Amendment to the West Orange County Water Board Joint Powers Agreement, for your files. Sincerely yours, PAUL C, JONES Secretary By. Assistant Secretary PCJ:ED:aw January 20, 1970 Paul C Jones City Clerk City of fiuntington Beach CAlifornia Dear Paul: In accordance with your instructions as secretary to the West Orange County Water Board, we are trarsmitting the "Amendment to West Orange County Later Board Joint Powers Agreement" which has been executed by the cities of Garden Grove, Westminster and Seal Beach. Very truly yours, OF SE //L/� EACII City Clerk Mayor -- JOHN B. HAMIL'TON .._.E Co«ncrinecr��Lers — STANLEY C. ANDERSON • CONWAY J. FUHRMAN • LLOYD E. GUMMERE 9 VEDA M. DREIS N H. LOUIS LAKE, CHAIRMAN GARDEN GROVE DUEL G. JARRETT. DIRECTOR WESTMINSTER STANLEY G. ANDERSON. DIRECTOR SEAL BEACH T. w. 1TEO/ BARTLETT. DIRECTOR 14UNTINGTON BEACH GEORGE C. MCCRACKEN, DIRECTOR HUNTINGTON BEACH Weet c9raft4ge (209404fy Dater Board January 6, 1970 City of Garden Grove City of Westminster City of Seal Beach City of Huntington Beach Attention: City Clerks Gentlemen: PAU4 C. JONEI,_ SECRETARTIi .;)IP. O. BOX 490 - I. 1111!!!! HUNTINGTON BEACH. CALIFORNIA ALEXANDER BOWIE. LEGAL COUNSEL RUTAN S TUCKER P. O. SO K 197, SANTA ANA. CALIFORNIA R. D. WOODSIDE • ASSOCIATES ENGINEERING CONSULTANTS SOS W. FIFTH STREET SANTA ANA, CALIFORNIA The attached "Amendment to West Orange County Water Board Joint Powers Agreement" has been ratified by all entities comprising the West Orange County Water Board and is being transmitted for execution by your City. When signatures have been affixed by your Mayor and City Clerk, please send immediately to the next city in line. A fully conformed copy of this document will be sent to you upon completion of execution by all entities. Sincerely yours, Paul C. J s Secretary PCJ : cb enc. LEI ir October 30, 1969 J Honorable Mayor and City Council City of Huntington Beach Huntington Beach, California Attention: Paul C. Jones, City Clerk Gentlemen: At the regular meeting of the West Orange County Water Board held Wednesday, October 29, 1969, the Board approved an amendment to Section 6 of the Joint Powers Agreement which establishes the four power set-up con- stituting said Board. The amendment provides for the attendance of Directors at any duly authorized meeting which might be beneficial to the West Orange County Water Board and allows payment for such attendance in an amount of $50.00 per day. here- tofore, if it were deemed advisable fc.r Directors to be present at meetings of the Municipal Water District of Orange County, the Orange County Water District, or sim- ilar affiliated organizations, it was necessary to adjourn the West Orange County Water Board meeting to such other meeting. This resulted in some difficulty in conducting the business of the Board, and this amendment will correct this. Before any amendment to the Joint Powers Agreement can be accepted as part of said agreement it is necessary that the legislative bodies of all entities ratify some. If your Honorable Body are in agreement, it is requested that you ratify this amendment and authorize execution of the Ir, , Page 2 - West Orange County Water Board - October 30, 1969 f original document by the Mayor and City Clerk of your City when it is presented to them. Enclosed, is a copy of the proposed amendment in its entirety for your in- formation. Sincerely yours, Paul C . Jones Secretary PCJ : cb enc . ri October 30, 1969 Honorable Mayor and City Council City of Seal Beach 201 Eighth Street Seal Beach, California, 90740 Attention: Jody Weir, City Clerk Gentlemen: At the regular meeting of the West Orange County Water D Board held Wednesday, October 29, 1969, the Board approved an amendment to Section 6 of the Joint Powers Agreement which establishes the four power set-up con- stituting said Board. The amendment provides for the attendance of Directors at any duly authorized meeting which might be Leneficial to the West Orange County Water Board and alloys payment for such attendance in an amount of $50.00 per day. Here- tofore, if it were deemed advisable for Directors to be present at meetings of the Municipal Water District of Orange County, the Orange County Water District, or sim- ilar affiliated organizations, it was necessary to adjourn the West Orange County Water Board meeting to such other meeting. This resulted in some difficulty in conducting the business of the Board, and this amendment will correct this. Before any amendment to the Joint Powers Agreement can be accepted as part of said agreement it is necessary that the legislative bodies of all entities ratify same. If your Honorable Body are in agreement, it is requested that you ratify this amendment and authorize execution of the Page 2 - West Orange County hater Board - October 30, 1969 original document by the Mayor and City Cleric of your City when it is presented to them. Enclosed, is a copy of the proposed amendment in its entirety for your information. Sincerely yours, Paul C. Jones Secretary PCJ:cb enc. r� October 30, 1969 Honorable Mayor and City Council City of Westminster 8140 Westminster Avenue Westminster, California, 92683 Attention: Katherine C. Harper, City Clerk Gentlemen: At the regular meeting of the West Orange County Water Board held Wednesday, October 29, 1969, the Board D approved an amendment to Section 6 of the Joint Powers Agreement which establishes the four power set-up con- stituting said Board. The amendment provides for the attendance of Directors at any duly authorized meeting which might be beneficial to the West Orange County Water Board and allc.,s payment for such attendance in an amount of $50.00 per day. Here- tofore, if it were deemed advisable for Directors to be present at meetings of the Municipal Water District of Orange County, the Orange County Water District, or sim- ilar affiliated organizations, it was necessary to adjourn the West Orange County Water Board meeting to such other meeting. This resulted in sore difficulty in conducting the business of the Board, and this amendment will correct this. Before any amendment to the Joint Powers Agreement can be accepted as part of said agreement it is necessary that the legislative bodies of all entities ratify some. If your Honorable Body are in agreement, it is requested that you ratify this amendment and authorize execution of the Page 2 - WOCWB - October 30, 1969 original document by the Mayor and City Clerk of your City when it is presented to them. Enclosed, is a copy of the proposed amendment in its entirety for your information. Sincerely . yours , Paul C . Jones Secretary PCJ:cb enc. '�P October 30, 1969 Honorable Mayor and City Council City of Garden Grove 11391 Acacia Street Garden Grove, California, 92640 Attention: Ruby K. Silva, City Clerk LO Gentlemen: At the regular meeting of the West Orange County Water Board held Wednesday, October 29, 1969, the Bosrd approved an amendment to Section 6 of the Joint Powers Agreement which establishes the four power set-up con- stituting said Board. The amendment provides for the attendance of Directors at any duly authorized meeting which might be beneficial to the West Orange County Water Board and allows payment for such attendance in an amount of $50.00 per day. Here- tofore, if it were deemed advisable for Directors to be present at meetings of the Municipal Water District of Orange County, the Orange County Water District, or sim- ilar affiliated organizations, it was necessary to adjourn the West Orange County Water Board meeting to such other meeting. This resulted in some difficulty in conducting the business of the Board, and this amendment will correct this. Before any amendment to the Joint Powers Agreement can be accepted as part of said agreement it is necessary that the legislative bodies of all entities ratify same. If your Honorable Body are in agreement, it is requested that you ratify this amendment and authorize execution of the � yI Page 2 - West Orange County Water Board - October 30, 1969 original document by the Mayor and City Clerk of your City when it is presented to them. Enclosed, is a copy of the proposed amendment in its entirety for your information. Sincerely yours, Paul C . Jones Secretary PCJ:cb enc. r f` r� City of Huntington Beach A� P.O. BOX 190 CALIFORNIA 92648 �f COUNCILMEN JACK GREEN, MAYOR ALVIN M. COEN TED W. BARTLETT On. HENRY i. KAUFMAN JERRY A. MATNEY GEORGE C. PAC CRACK EN DR. DONALD D. SHIPLEY November 18, 1969 Board of Directors West Orange County Water Board P.O. Box 190 Huntington Beach, California 92648 Attention: H. Louis Lake, Chairman Gentlemen: DOYLE MILLER Administrative Officer BRANDER D. CASTLE Assistant Administrator DON P. BOµFA City Attorney WARREN G. HALL Treasurer PAUL C. JONES City Clerk The City Council of the City of,Huntington Beach at their regular meeting held Monday, November-17,.1969 considered the proposed amendment to Section 6 of.the Joint Powers Agreement for the West Orange County Water Board. Following considerable discussion on the matter; the Council, by minute action rejected the amendment and directed.me to inform you of the reasons therefor, --and to -offer a --suggestion from the Council. To the best of my knowledge, I believe -the reason for reject- ing the amendment was because.a majority,of the Council felt that the portion providing.that a member of the Board could also receive for performing duties for the District other than attending Board meetings, an amount not to exceed $50.00 each day. They seem to feel that this stipulation was too broad in its interpretation. It was suggested by the Council, in rejecting the proposed amendment, that the agreement might be changed to provide that any one member of the Board of Directors could be empowered to attend such meetings and be paid for such attendance. Also the Council indicated that they felt that the Board could accomplish attendance at any meetings or affairs deemed advisable for such attendance by adjourning their meetings to such other meeting. Irely yaul C. J s City Cler, PCJ:pa JAMES R. WHEELER Director of Public Works JOHN SELTZER Police Chief OLLIN C. CLEVELAND Building Director KENNETH A. REYNOLDS Planning Director VINCENT G. MOORHOUS9 FRANK a. ARGUELLO RAYMOND PICARD Director Harbors, WALTER W. JOHNSON Finance Director Fire Chief Beaches dr Development Library Director NORM WORTHY Recreation A Parks Director NW, DC ir December 16, 1969 West Orange County Water Board P.O. Box 190 Huntington Beach, California 92648 Attention: Paul C. Jones, Secretary Gentlemen: Please be advised that the City Council of the City of Huntington Bench at its regular meeting held Monday, December 15 19B, considered a letter from lair. Alex Bowie, Legai Counsel for the WOMM. The Council, by minute action, rescinded their action taken at the Metting of IIovember 19, 1969 denying ratification of the amendment to Section G of the Joint Powers Agreemtnt, and approved and ratified said amend- ment. Sincerely yours, Paul C. Jones City Clerk PCJ:aw STATEMENT OF FACTS TO: The Secretary and State and County Clerk of the County of ORANGE. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2. Official Mailing Address: P.O. Box 190 Huntington Beach, California 92648 3. Names and addresses of Members of Governing Body: a) H. LOUIS-LAKE, P.O. Box 8, Garden Grove, California b) BUEL JARRETT, 7942 14th Street, Westminster, California c) T. W. BARTLETT, 1718 Pine Street, Huntington Beach, Calif. d) GEORGE C. MCCRACKEN, 16842 Greenview Lane, Huntington Beach, California e) STANLEY G. ANDERSON, 501 Ocean Avenue, Seal Beach, Calif. 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman), P.O. Box 8, Garden Grove, Calif. b) PAUL C. JONES, P.O. Box 190, Huntington Beach, California Dated: May 1. 1969 WEST ORANGE COUNTY WATER BOARD District By Clerk or SecrjVary for and on behalf of the Board of Directors of said District +r STATEMENT OF FACTS TO: The Secretary of State and County Clerk of the'County of ORANGE. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2. Official Mailing Address:P.O. Box 190 Huntington Beach, California 92648 3. Names and addresses of Members of Governing Body: a) H. LOUIS LAKE, P.O. Box 8, Garden Grove, California b) BUEL JARRETT, 7942 14th Street, Westminster, California c) HENRY S. KAUFMAN, 326 Main Street, Huntington Beach, Calif. d) N. JOHN V. V. GREEN, 6972 Canterbury Drive, Huntington Beach California e) STANLEY G. ANDERSON, 501 Ocean Avenue, Seal Beach, Calif. 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman), P.O. Box 8, Garden Grove, Calif b) PAUL C. JONES, P.O. Box 190, Huntington Beach, California Dated: July 26, 1968 WEST ORANGE COUNTY WATER BOARD District By. C�� ie sue• Clerk or Sec ary for and on behalf of the Board of Directors of said District. ' V ZJ aG 7-t-40 0V--Z-'�e-g b TO: STATEMENT OF FACTS The Secretary of State and County Clerk of the County of ORANGE. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2. Official Mailing Address: P.O. Box 190 Huntington Beach, California 92648 3. Names and addresses of Members of Governing Body: a) H. LOUIS LAKE, P.O. Box 8, Garden Grove, California b) BURL JARRETT, 7942 14th Street, Westminster, California c) HENRY S. KAUFMAN, 326 Main Street, Huntington Beach, Calif. d) N. JOHN V. V. GREEN, 6972 Canterbury Drive, Huntington Beach California e) JOHN B. HAMILTON, 1712 Harbor Way, Seal Beach, California 4. Names and addresses of Presiding Officer and Clerk or Secretary: a) H. LOUIS LAKE (Chairman) P.O. Box 8, Garden Grove, Calif. b) PAUL C. JONES, P.O. Box 190, Huntington Beach, California Dated: April 26, 1968 WEST ORANGE COUNTY WATER BOARD str ct By c:iertc or Sec ary ror ana on behalf o the Board of Directors of said District. Ll STATEMENT OF FACTS TO: The Secretary of State and County Clerk of the County of ORANGE. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1.. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2: Official Mailing Address: P.O. Box 190 Huntington Beach, California 3. Names and Addresses of Members of Governing Body: 0 H. LOUIS LAKE, P.O. Box 8, Garden Grove, Calif. b) BUEL JARRETT, 14191 Beach Blvd., Westminster, Calif. c) ERNEST H. GISLER, 760 Main St., Huntington Beach, Calif. d) N. JOHN V. V. GREEN, 6972 Canterbury Dr., Huntington Beach, California e) JOHN B. HAKILTON, 1712 Harbor Way, Seal Beach, Calif. 4. Names and Addresses of Presiding Officer and Clerk or Secretary: a) H, LOUIS LAKE, (Chairman) P.O. Box 8, Garden Grove, Calif. b) PAUL C. JONES, P.O. Box 190, Huntington, Calif. Dated: August 23, 1967 WEST ORANGE COUNTY WATER BOARD District By Clerk or Secr ary for and on behalf of the Board of Directors of said District STATENWT OF FACTS TOs The Secretary of state and County Clerk of the Co=ty of ORA=. The following Statement of Facts is made pursuant to Section 53051 of the Government Code: 1, Legal Now of Agency: WEST MANZ CORM WATER DO= 2. Official Mailing Address: P.O. Box 190 U=tington Beach, California I, laws and Addresses of Members of Omraing Body: a. 9, LOGIS LATE, P.Q. Box 8, Garden Grave, Calif. b. BVEL.JARRETt, 14191 Beath Blvd., westsinster, Calif. C., WEST N. GISLBR, 760 Main it., Rmtington Seach, Calif. d. Me JOBM Y. V. 0=0 6972 Canterbury Dr., Rmtingtou Beach, Cal. •. STARLET 0. AIWZRS0K. 501 Ocean Avenas, Seal Beach, Calif. 4* Ymns and Addresses of Presiding Officer and Clerk or Secretary: a, R. LOgIS LATE, (Chairum) P.D. Box a, Carden Grove, Calif, b., ?AM C. JOBBS, P.O. Sox 190, Suntieston Beach, Calif. Dstod s Ugy 31. 1967 1 By (?� Clark or sir for and on behalf of the Eoard of Directors of said District STATEMENT OF FACTS TO: The Secretary of State and County Clerk of the County of ORANGE The following Statement of Facts is miide pursuant to Section 53051 of the Government Code: 1. Legal Name of Agency: WEST ORANGE COUNTY WATER BOARD 2. Official Mailing Address: P.O. Box 190 Huntington Beach, California 3. Names and Addresses of Members of Governing Body: a, H. LOUIS LADE, P.O. Box 81, Garden Grove, California. b. BUEL JARREPP, 14191 Beach Boulevard, Westminster, -California. ✓ c. DR. HENRY KAUFMAN, 326 Main Street, Huntington Beach, Calif.' ✓ d . DR. DON D. SHIPLEY, 829 Main Street, Huntington Beach, Calif . / e. STANLEY G. ANDERSONs 501 Ocean Avenue, Seal Beach, California. 4. NamA,4 and Addresses of Presiding Officer and Clerk or Secretary: a,' H. LOUIS LAKE, (Chairman) P.O. Box 8, Garden Grove, California. b. PAUL C. JONES, P.O. BOX 190, Huntington Beach, California. Dated: October 10 1966 WEST ORANGE COUNTY WATER BOARD District By 9or�ie ary for and on behalf of the Board of Directors of said District October 17, 1967 Mr. Paul C. Jones, Secretary The West Orange County Water Board Post .Office Box.190 Huntington Beach, California Dear Mr. Jones: Please be advised that at the regular meeting of October 2, 1967, of the City Council, it was moved by Councilman Gummere, seconded by Councilman Hamilton to approve the proposed West Orange County Water Board Joint Powers Agreement and that the Mayor be autho- rized to execute said agreement. Please be further advised that at the same meeting of the City Council it was moved by Mayor Anderson, seconded by Mayor Pro Tempore Dreis, to request a refund for prior years from the West Orange County Water Board. Your attention to the above would be sincerely appreciated. Very truly yours, THE CITY OF SEAL BEACH G Lee Risner City Manager cc: Councilman John B.-Hamilton, Representative to West O.C.W.B. Mayor -- STANLEY G. ANDERSON hL Councilmembers — LESLIE I►I. DREIS • LLOYD E. GUMME:RE• • DEAN IL GLMMILL • JOHN B. HAMILTON EXCERPT FROM MINUTES OF THE WESTMINSTER CITY COUNCIL A Regular _Meeting of the City Council of the City of Westminster was held on October 24, 1967 , at 7:30 PM . COUNCILMEN PRESENT: PARKS, ANTHONY, FRY, JARRETT, MC CARTHY COUNCILMEN ABSENT: NONE Councilman Jarrett recommended the city approve the West Orange County Water Board Joint Powers Agree- ment. The City Administrator advised he and the Public Service Director concur,.adding the change does not affect Westminster. Councilman Anthony moved to approve the West Orange County Water Board Joint Powers Agreement and authorize the Mayor and City Clerk to sign for the City of Westminster; seconded by Councilman Fry; and ' approved unanimously. Deputy City Clerk of the City Council of the City of Westminster,California ATTEST: 1,A, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF WESTMINSTER) I; KATHARINE C. HARPER, City Clerk and Ex-Officio Clerk of the City Council of the City of Westminster, California, do hereby certify the foregoing to be a full, true, and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this,��,_ day of October , 19--7 . Ci y Clerk of the City Council of the City of We.stminster,California CC5-6412 EXCERPT FROM THE MINUTES OF :.CITY COUNCIL MEETING OF OCTOBER 3, 1967 A regular meeting of the City Council of the City of Garden Grove was held in the Council Chambers of the City Hall, 11391 Acacia Streets on Tuesday, October 3s 1967s at 7:00 p.m. ROLL CALL: PRESENT: MAYOR HONOLDs COUNCILMEN BJU1 , BARR, LAKES SCHMIT ABSENT: NONE ALSO PRESENT; City Administrator, Dudley Lapham; City Clerk, Gwen Wiesner; City Attorneys Willard Pool; Finance Directors Martin Allen; Fire Chief s Marion Umphress; Planning Director, Cline Martins Police Chief, George Tielsch; Public Works Directors Charles Handy; Recreation and Parks Di- rector, Max Weeks; Executive Assistant, Eric Voorsanger; and Administrative Assistants Tom Huebner. JOINT POWERS AGREEMENT -WEST ORANGE COUNTY WATER BOARD Request of the West Orange County Water Board for approval and execution of a joint Powers Agreement between the City of Garden Grove and said Water Board was presented. Councilman Lakes as Garden Groves representative on the West Orange County Water Board, explained that the Joint Powers Agreement under con- sideration reflects considerable updating from the prior agreement ratified by the City of Garden Grove and other parties to the Agreement. Other changes include a requirement that all parties ratify the agreement, instead of a majority; and each City will pay for its own water and its share of costs of operation, based on its ownership in the pipelines, there being two pipe- lines. Mr. Lake continued by discussing other minor changes, after which Mr. Pool responded to Councilman Schmitrs question and stated that the West Orange County Water Board is not a taxing agency. It was moved by Councilwoman Barr, seconded by Councilman Schm1ts and carried by unanimous vote on roll calls that the Garden Grove City Council does hereby approve and ratify Joint Powers Agreement with West Orange County Water Board as submitted this dates and does further authorize the Mayor and City Clerk to execute said Agreement for the City of Garden Grove. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF GARDEN GROVE Is GWEN WIESNER, City Clerk of the City of Garden Groves California, do hereby certify the foregoing to be a fulls trues and correct copy of the Minute Entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of October, 1967. City Clerk'of the City of Garden Grove EIPERPT FROM MINUTES OF CITY %,OUNCIL "MINUTES Council Chamber, City Hall Huntington Beach, California Monday. October 2. 1267 Mayor Shipley called the regular • meeting of the City Council of the City of Huntington Beach to order at 4:30 o'clock P.M. Codficilmen Present:. Coen, Bartlett. Gisler. Kaufman, Stewart, Green, Shinlpv Councilmen Absent: None WOCWB - JOINT POWERS AGREEMENT Councilman Green discussed with the Council the proposed revised Joint Powers Agreement for the West Orange County Water Board and requested Council's approval of same. On motion by Green, Council approved the revised Joint Powers Agreement for the West Orange County Water Board, and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On motion by Rarrlert the regular meeting of the City Council of the -City of Huntington Beach adjourned. Motion carried. ATTEST: Paul C. Jones it City Clerk Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Donald D. Shipley Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, PAUL C.,JO_NES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and fore- going is a true -and correct excerpt from minutes f the City Council of said City. at .their regular meeting held on the 2nd day of October , 1 - 67 WITNESS -my hand and seal of the said City of Huntington Beach this the 9th day of - October 119 67 City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy r i i Q f AN G E OFFICE OF THE COUNTY CLERK AND CLERK OF THE SUPERIOR COURT October 12, 1967 Mr. Paul C. Jones, City Clerk City of Huntington Beach P.O. Box 190 Huntington Beach, California Dear Mr. Jones; W. E. ST JOHN COUNTY CLERK TELEPHONE: 834-2200 AREA CODE 714 ADMINISTRATION BUILDING GTH AND SYCAMORE STREET P. O. BOX 630 SANTA ANAL CALIFORNIA 92702 I am enclosing Resolution No. 67-1058, adopted by the Orange County Board of Supervisors on October 10, 1967, regarding Transfer of Fee Title to City of Westminster on behalf of Orange County Waterworks District No. 5. Very truly Sours, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California `- B C " 27 .. y { Deputy Clerk mcm Enc. YOU CAN'T VOTE .... UNLESS YOU'RE REGISTERED RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA 0 7. On notion of Supervisor Hirs'tein ,.duly seconded and 5.Carried, the -following Resolution was adopted: 6+ BE IT RESOLVED that the Chairman of the Board be and is hereby 7; authorized to execute that certain Grant -Deed conveying the following 81 described properties from'the County of Orange for and in behalf of the 9': Orange County Water Works District No. 5 to the City of Westminster: 101, 11� 12 13; 14 j J N } : 15 _u� 16 r } U o L z 0 a o �j 171 u it 19 �� 20 211 P. Me 902-2.01 That portion of the west half of the southwest quarter of Section 1, T. 5 S., R. ll W., Rancho Las Bolsas, City of Westminster, County of Orange, State of California, per map recorded in book 51, page 13 of Miscellaneous Maps in the office of the County Recorder of said -County, described as follows: Beginning at the southeast corner of Lot 20 of Tract No. 2211 as shown on a map recorded in book 111, page 19 of Miscellaneous Maps in the office of said County Recorder; thence, S. 0o041 50" E., 303.35 feet along the southerly prolongation of the easterly boundary of said'Tract No. 2211 to its intersection .with the northerly right of way line of 23rd Street, 60.00 feet wide,{ said southerly prolongation also being the.most easterly line.of that certain land described in the deed to the County of Orange, recorded January.10, 1963,.in book 6389, page 646 of official -Records in the office -of said County. Recorder; thence, S. 89° 48' Ol" W., 232.00 feet along said right of way line and the most southerly line and its westerly prolongation of.the land 22d described in said deed; thence, N. 0° 08' 24" W., 152.21 feet to an intersection with that certain 23"; line described as "N. 89* 45' 49" E., 400 feet" in jE said deed• thence continuing along said line, 2.4 S. 890 45 49" W., 164.02 feet; thence N. 0* 08' 24" --+— W., 151.00 feet to the intersection of the centerline 25•1 of Wynant Avenue and the southerly boundary of said Tract No. 2211; thence, 3d. 89° 45 49" E. 395.58 feet 26 along said southerly boundary to the point.of beginning. 27; P. M. 902-5 281 An Easement for utility and drainage purposes over the northerly 15.00 feet of the land conveyed to Annie P. 29 Day by deed recorded -in book 8334, page 238 Official Records.in the office of -said County Recorder of said 301. County. 32•i Resolution No. . 6771088 JSO:t-, i Transfer of Fee Title to City of Westminster - Orange County Water Works District 1. No. 5 2 f ; 1 51 } s' I i 7 i gl I 10 11 12 E �� 13 14, L z 15 1 le I uVV O az� l + c o 17 i I u 18 I i 19� 20 21 I� I 22 ! 23 ;! ' 24'I �i 25 i 26 :! 27I 28 I 29 301 3111 32 AYES: SUPERVISORS V'M. HIRSTEIN, C.M. FE ATH RLY, ALTON E. ALLEN AND DAVID L. BAKER NOES: SUPERVISORS NONE, ABSENT: SUPERVISORS QLLIAM J. PHILLIPS STATE OF CALIFORNIA ) COUNTY Or ORANIE I, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County Flood Control District of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 10th day of. October 19§1_, and passed by a unanimous vote of.said Board members present. �. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of October'' ; .19b 7 W . E. S T JOHN County Clerk and ex-officio Clerk of the Board of Supervisors of -40"I"Zz- -,_ram Orange County Flood Control District Ile O�+CClI� of Orange County, California By Deputy 4 t I L'E M E. SZ 20HN, County Clerk B� Decutt eaa� 7354 p�,F ,5 1 Q�J RESOLUTION OF THE BOARD OF SUPERVISORS q. Lo �---t1 OF ORANGE COUNTY, CALIFORNIA, ACTING AS : 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17� 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GL:eh THE GOVERNRZG BOARD OF ORANGE COUNTY WATERWORKS DISTRICT NO. 5 J,] December 9,.1964 ram. — On motion of Supervisor Baker, duly seconded -and carried, the following Resolution was adopted: WHEREAS, there was filed on the 27th day of October,.1964, a petition for dissolution of Waterworks Distract No. 5, and WHEREAS, it appears that said petition is signed by fifty or more freeholders and residents of the District, requesting the dissol- ution.of the District, and WHEREAS, proposed agreements have been submitted by the City of - Westminster, proposing the lease of the assets and property of the said District to said City, and WHEREAS, a hearing on said petition was held on the 24th day of November, 1964, and WHEREAS, notice of said hearing was published and circulated according ;Co law; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that said petition be granted and that effective January 1, 1965, Orange County Waterworks District No. 5 be dissolved. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board is hereby directed to file a copy of this Resolution with the Secretary of the State of California. AYES: - SUPERVISORS NOES: SUPERVISORS ABSENT: SUPERVISORS Resolution No. 64-1593 DAVID L. BAKER, C. M. FEATHERLY, WM. HIRSTEIN, ALTON E. ALLEN AND WILLIAM J. PHILLIPS NONE NONE I. FREE nECORDED AT REQUEST OF GOUNTf CLERK IN OFFICIAL.RECoFios OF ORANGrz COUNTY, CALIF. a. .IMM DEC 21 1954 J. WYLIE CAR & Coca:r Retarder i BOOK 7251 CAGE :18 I 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 177 18 19 20 .21 22 23 241 25 26 I 27 20 29 30 31 32 STATE OF CALIFORNIA ss COUNTY OF ORANGE I, W. E. ST JOHN, County Clergy; and ex-officio Clerk of the Board of Supervisors of Orange County, California, acting as the governing board of Orange County Waterworks District No. 5,.hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof -held on the 9th day of December, 1964, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of December, 1964. W. E. ST JOIM County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, acting as the governing board of Orange County Waterworks District..No. 5 By ,'i�ti : .,� -• � : i 1. ,. r 2. A G R E E M E N T CC, - 9 1964 W. E. ST 10HN, County Clerk gy Deputy THIS AGREEMENT, made and entered. into this. C1lL- day Of 1964 between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter called "COUNTY," and the CITY OF WESTMINSTER, a municipal corporation, hereinafter called "WESTMINSTER," WITNESSETH: WHEREAS, Orange County Waterworks District No. 5, hereinafter referred to as "DISTRICT," is a waterworks dis- trict organized pursuant to the County Waterworks District Law of the State of California, Division 16, Water Code, commencing with Section 55000 thereof, and The City of Westminster is a general law city situated in the County of Orange, State of California, and More than three -fourths of the territory comprising the DISTRICT is situated. within the corporate limits of the City of Westminster and the remaining portion is situated in the unincorporated territory of the County of Orange and a small portion of the City of Huntington Beach, and Proceedings have been instituted pursuant to the pro- visions of Chapter 3, Part 5,, Division 16 of the Water Code for the dissolution of the DISTRICT, and It is the desire of the parties hereto that, upon the effective date of the order dissolving the DISTRICT, all of the waterworks system and facilities of the DISTRICT be leased. to WESTMINSTER as a part of the municipal waterworks system of Westminster for the benefit of the lands now comprising the DISTRICT, and. The DISTRICT, pursuant to a special election held on 1. September 28, 1954, incurred a bonded indebtness of $410,000.00 by the issuance and sale of 410 bonds of the DISTRICT in the denomination of $1,000.00 each, said bonds being payable on January 1, of each year commencing January 1, 1956, to and including January 1, 1973, at the rate of $15,000.00 per year commencing January 1, 1956, to and including January 1, 1973, and $20,000.00 per year commencing January 1, 1974, to and including January 1, 1980, with interest payable semiannually on July 1, and January 1, of each year the bonds have to run. NOW, THEREFORE, IT IS HEREBY AGREED as follows: A. Lease of Facilities 1. The COUNTY hereby leases and WESTMINSTER hereby accepts and leases from the COUNTY the waterworks system of the DISTRICT, including the entire transmission and distri- bution system, wells and pumping plants, reservoir, office and warehouse buildings and any and all other real property and improvements thereon. In addition, the COUNTY leases and WESTMINSTER accepts and leases from the COUNTY the line of the DISTRICT in Westminster Avenue from Newland Street within the city limits of Westminster and Seal Beach, and all water rights of the DISTRICT in West Orange County Water Board Feeder Lines No. 1 and No. 2. 2. The terms of the above lease shall commence on the effective date of the order of the Board of Supervisors of the County ordering the dissolution of Waterworks District No. 5, and shall terminate on January 1, 1980. 3. As rental for said lease, WESTMINSTER covenants and agrees to pay to the COUNTY each year during the term 2. hereof an amount equal to the annual interest and principal payments on the outstanding bonds of the DISTRICT after monies in the DISTRICT'S bond Interest and Redemption Fund have been applied to such payment. 4. The rental payments of WESTMINSTER shall be paid to the COUNTY at least one year prior to the time that the bond. and interest payments of the DISTRICT are payable, it being the intention of the parties hereto that at all times there shall be retained in the DISTRICT'S bond Interest and Redemption Fund an amount sufficient to pay the annual interest and principal payments on the outstanding bonds of the DISTRICT which shall become due within one year. 5. It is expressly understood and agreed that such annual rental payments are in consideration of the use and enjoyment which WESTMINSTER will receive each year from the waterworks facilities hereby leased and for the continued quiet use and enjoyment thereof during the term for which the rentals are paid. It is understood and agreed that the annual rental payments herein reserved are fair and reasonable con- siderations for the benefits received by WESTMINSTER each year for the use and enjoyment of the waterworks facilities. 6. The COUNTY covenants and agrees to deposit said rental payments in the DISTRICT'S bond Interest and Redemption Fund. 7. WESTMINSTER hereby covenants and agrees that it will, during the term hereof, operate and maintain the facil- ities and properties hereby leased for the benefit of the lands comprising the DISTRICT. WESTMINSTER may, however, integrate that portion of(the system hereby leased with the municipally -owned waterworks system of WESTMINSTER. 8. WESTMINSTER covenants and agrees that it will during 3. • the term hereof serve all existing consumers of the DISTRICT and applicants for service situated in any portion of the territory comprising the DISTRICT which is situated outside of the corporate limits of WESTMINSTER at the same rate and upon the same terms and conditions as may be applicable to consumers and applicants for service in that portion of the DISTRICT lying within .WESTMINSTER. 9. WESTMINSTER covenants and agrees that it will, during the term hereof, maintain the waterworks system and properties hereby leased in good repair all at the cost and expense of WESTMINSTER. 10. WESTMINSTER covenants and agrees that it will, during the term hereof, hold the County of Orange, its Board of Supervisors•and members thereof free and harmless from any and all claims, demands, suits or actions of whatever nature or kind, arising directly or indirectly out of the condition, use, operation or maintenance of the waterworks system and properties hereby leased, or any part thereof. 11:.'•'As additional rental and in further Consideration of this agreement, WESTMINSTER covenants and agrees to pay S all outstanding bills of the DISTRICT which remain unpaid on the first day following the effective date of the order dis- solving the DISTRICT. 12. :WESTMINSTER covenants and agrees as further con- sideration of this -lease to assume all obligations to the Navy under terms of an agreement between Orange County Water- works District No. 5 and the Department of the Navy, dated September 1, 1950, and all amendments thereto. ' 13. WESTMINSTER covenants and agrees, as further con- sideration for this lease, that it will employ the DISTRICT'S personnel and incorporate them into:WESTMINSTER'S personnel structure in its municipal water department. WESTMINSTER 4. ' I further agrees that the vacation and sick leave benefits accrued to the credit of DISTRICT'S personnel will be assumed by WESTMINSTER, and further, all DISTRICT'S personnel shall be given permanent status under the Merit.System of Westminster. DISTRICT personnel will be retained by WEST- MINSTER at salaries equal to those currently paid by 1 DISTRICT. 14. WESTMINSTER covenants and agrees that it will, during the term hereof, at its oum cost and expense, maintain adequate insurance upon the properties hereby leased against loss or destruction by fire. WESTMINSTER shall neither assign, sublet or otherwise transfer said lease or any part thereof, nor permit any other person, including any public agency, to use the facilities or properties hereby leased, or any part thereof without the prior written approval of COUNTY.- 15. The COUNTY reserves the right by its authorized i officers or agents to inspect the properties hereby leased at any reasonable time during the term of this lease, in order to protect the COUNTY'S interest under this agreement. 16. If WESTMINSTER shall fail to comply with any of the terms, covenants or conditions of any of the provisions of this agreement, including the payment of the rentals herein reserved at the time and in the amounts herein required, and shall -fail to remedy such default or breach within thirty (30) days after service of a written notice from the COUNTY to do so, if the default may be cured by the payment of money, or commenced in good faith, to remedy any other breach or default within thirty (30) days and thereafter diligently pro- ceed to remedy completely such default, the COUNTY may at its option terminate this agreement and may take possession of the waterworks system and properties hereby leased. In the event of such termination, WESTMINSTER shall not have further rights hereunder. 5. 17. Upon the expiration of this lease provided WEST- MINSTER has paid all the rentals herein required to be paid and has performed and observed all the covenants and con- ditions required to be performed and kept by WESTMINSTER under the terms of this agreement, all of the right, title and interest of the COUNTY in and to the waterworks system and properties hereby leased as may then be situated within the corporate limits of WESTMINSTER, together with any transmission or distribution lines situated outside of WESTMINSTER as may be necessary to supply water to the resi- dents of WESTMINSTER shall vest absolutely in WESTMINSTER. Any portion of the distribution system hereby leased. to WESTMINSTER as shall then be situated within the corporate limits of any other city shall vest in such city unless otherwise agreed to by the parties hereto. Any portion of the distribution system hereby leased to WESTMINSTER as shall be situated in the unincorporated territory of the county shall vest in WESTMINSTER unless otherwise agreed upon by the parties hereto. B. Transfer of Personal Property and Funds 1. Upon the effective order of the Board of Supervisors ordering the dissolution of the DISTRICT, the COUNTY agrees to transfer and convey to WESTMINSTER all of its right, title and interest in and to all of the tangible personal property of the DISTRICT and all funds standing to the credit of the DISTRICT in the General Fund of the DISTRICT. 2. It is agreed that in determining the value of the assets of the DISTRICT, the Statement of Assets, Liabilities and Surplus as prepared by the COUNTY Auditor -Controller as of �ii���r.�:iwJ , / shall be used with certain modifications. The entire adjusted physical assets, together 6. with the amount standing to the credit of the DISTRICT in the General Fund of the DISTRICT, shall be computed by the COUNTY Auditor -Controller. The monies in the General Fund of the DISTRICT shall be transferred to the City of WEST- MINSTER. 3. WESTMINSTER has heretofore. agreed to pay all outstanding liabilities, other than bonded indebtedness of the DISTRICT upon the dissolution of the DISTRICT. In further consideration for such agreement, it is agreed that the City of WESTMINSTER shall be entitled to all accounts receivable of the DISTRICT upon the effective date of the dissolution of the DISTRICT. 4. It•is further agreed that the COUNTY Auditor - Controller shall transfer to WESTMINSTER all monies in the Consumers Deposit Fund of the DISTRICT standing to the credit of the consumers of the DISTRICT. WESTMINSTER covenants and agrees that it will use all personal property and funds transferred by virtue of this agreement for the benefit of the lands comprising the DISTRICT and for no other purpose or purposes. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year above written. COUNTY OF ORANGE, a political sub- division o the State of C i ornia By Chairman of it and of S ervisors ATTEST: W. E. ST. JOHN County Clerk and ex-officio Clerk of said Board of Supervisors APPROVED AS TO FORM: GEORGE F. HOLDEN County Counsel Orange County, California Byl=±� 9/44JQ-1eZ_U Deputy 7. i - CITY OF WESTMINSTER, a municipal i corporation gy M or � w -ATTEST: City. Clerk rAPP ED A TO ORM: k- r V EXCERPT FF.O1-i 2112 ES OF CITY COUNCIL 'M-TUTES Council Chamber, City Hall. Huntington Beach, California _Ju1Y_15, _1963 .w .. mow.. , w ■ ie�s■..w.r b rt called the regular meeting of the �ftMy ounc` o t © ty of Huntington Raac to or er at 7:30 o'clock P.M. Councilmen Present: Wells Gisler, Welch, Lambert Councilmen Absent: -S =art * rr& WX 4. The Clerk presented a letter from the West Orange County Water Board transmitting a copy of Resolution No. 63-908 of the Orange County Board of Supervisors, approving Resolution No. 4363 of the West Orange County Water Board, with limitations stipulated by the Supervisors; and requesting that Council, by minute action, approve the Resolution of the Supervisors. On motion by Welch, seconded by Gisler, Council approved the Resolution No. 63-908 of the County Board of Supervisors.as presented. Motion carried. On motion by gisler , seconded by j,amber - �, the regular meeting of the City Council of the City of Huntington Deach adjourned;_ Motion carried. ATTEST • Paul C. Jones City Clerk STATE OF CALIFORNIA County of Orange as: City of Huntington Beach . rrr.r.■r. pr'i�l l---i� - --iLi�.L�Q - -- - - City Clerk and ex-officio Clerk of the. City Council of the City of Huntington Beach, California Robert M. _ LaMhe,rt layor I, PAUL.C.-JOYES, the duly elected, qualified and Acting City Clerk of the City of ,,P.untingtan Beach, Californic, do hereby certify that the above and. foregoing =ia _a, true and correct excerpt frosa minutes of the City Council of said --City =at _:their regular meting held on the 15th day of -July � 1963 ...�. � yes...• Vi?.1.SS my hnnd and seal of the said City of Huntington Reaeb thin - 24th dr.y-of: u y . 1963 . City Clark an ex-officio Clerks of the City Cauncil of the City Seal Beach, California July 16, 1963 It was moved by Nescher and seconded by Griswold to concur with the Board of Supervisors by approving their Resolution No. 63-908, which approves Resolution No. 43-63 of the West Orange County Water Board with limitations. AYES: Nescher, Leonardp Griswold, Gemmill ABSENT: Anderson Motion carried. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) I, F. W. HICKMAN, do declare that the above and foregoing is an excerpt from the minutes of the Seal Beach City Council at a regular adjourned meeting, held on the 16th of July, 1963• Crty Clerk and ex-officio c er of the Seal Beach City Council Dated: /���� Y MINUTES OF THE CITY COUNCIL OF GARDEN GROVE, CALIFORNIA A regular meeting of the Garden Grove City Council was held on the ninth day of July, 1963, at 4:00 p.m. at the City Hall, 11391 Acacia Street, Garden Grove, California. The following named members of the City Coun- cil being present: George B. Honold, Mayor; Council Members, Kathryn L. Barr, John R. Dean, Leon Knoeller, Richard J. Rainwaters, and the City Clerk, Gwen Wiesner. ORANGE COUNTY BOARD OF SUPERVISORS RESOLUTION 63-908 RE COMPENSATION OF MEMBERS AND SECRETARY OF WEST ORANGE COUNTY WATER BOARD Councilman Knoeller moved, seconded by Councilman Dean, that the Garden Grove City Council does hereby approve amendment contained in Orange County Board of Supervisors Resolution No. 63-908, dated June 26, 1963, and does hereby ratify the action pertaining to the compensation of the members of the West Orange County Water Board and its Secretary. Carried by the following vote: AYES: COUNCILMEN: BARR, DEAN, KNOELLER,RAINWATERS,HONOLD NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF GARDEN GROVE } I, GWEN WIESNER, City Clerk of the City of Garden Grove, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of July, 1963. City Clerk of the City of Garden Grove, California Z4W=laD, 485 The City Cotmil of the City of 14'estmLuatec does hereby resolve as followas "MMUM0 Parav-aph 3.1 of tho a%i nt POWWO AgrWaawt ftted February 280 195ai bettmen the ez*lties com4wising the vet orange Cw- nty iftter Beard, and cLs arftt_v thereto, provides for the compamtIon a2 said Bmrd Manberra and the Secratazyv and WW, the provi<sioaoe so made are not properly appliamble to the caqpeasatian of the secretary inamuAll as the Construction under way a:A other factors rendor the 41ftmulm provided too inflaaaiblra to provide said Slacretary cmpensatIlLca cowasamrate with the duties assigned . him. Now* ,,W It ZESMVUD t-113t ftragraph 11 of said Joint POWWO VWr&=ftt bee and the is hereby =ended to rend as follows aThis Board shall 116va the PVjMWto fix °ehe agaunt Of cappmoatica W tt idj�yyto each m rr of the Ord and the 3 etery of said arde for his s vice=a, provided, howwar that the of Said mQubere of the Bmrd ahall not oww" f,25.00 f®r eaoh meeting Of 0%6 Bird. attftvW by hImp together- wztth era rases neceavari,,ly incurred by him in travalinf; Mt his place of residence and the place of V-aett, ava pmAdede furiftere t1tat no Direr shall recalve c p amber. for attamUm mro than three (3) rneatIngs of fto Ward durin any calendtr month, the compensation of tha 60=0twxy shall be fib, in the discretla n cf he Board,, in ouch ammat as v�iAl the CO PM01�yt�S ''h1Z EWE thSS�SOC isya/s��g:(�yequ ed of him b :side Board. Ahe as�A�•Ai y sat f� zn E�w�'.�a min M1m janaij l:L in addition to aay 00-e6Utz or compenuation allowed by law for any other official pact c cgpled by muLters of this a'dg, afar the Secretary APPROURD a ' M1 �+� := `+ d w% `a' l l th JUNE Y� 1963e by the vata. ASS CCGWVJ=g BRACK, ANTHONY, M GILL, JARRETT , BUTCHER ZSI CWXC119=s NONE ASMWs CGMVXLM aNONE ..S/ Calvin C. Brack ym ATswo S/ Katharine C . Harper �1i0�6:LM3p� city cleft 3. go FARVERs City Cled'. ®f the City ®$ Wo3t=instws Caligo I.Q, 410 Ia I' colttr talmi" vl w fcc+ Rooalution tam ftly cie .'r.s a1 at. a vagolor. mfting oC- t o C2 W Grail of the City of ` i ® hold =a t u l l th 'y 0; TUNE �,. .�...�.® 1963. Aff , ,; ? ;, ,. 6.3 - 5-2 i RESOLUTION NO. 2532-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING RESOLUTION OF THE BOARD OF DIRECTORS OF WEST ORANGE COUNTY WATER BOARD, PROVIDING FOR AN AMENDMENT OF THE CONTRACT OF FEBRUARY 8, 1955, AS AMENDED DECEMBER 28, 1962, WITH REFERENCE TO THE COMPENSATION OF THE MEMBERS OF THIS BOARD AND ITS SECRETARY. WHEREAS, The Board of Directors of West Orange County Water Board have passed Resolution No. 4a-63 amending Paragraph 11 of the Joint Powers Agreement relative to compensation; and WHEREAS, copy of said Resolution No. 43-63 is attached hereto and by this reference is incorporated herein as if set forth at length; and WHEREAS, it is the City Council's desire to ratify said amendment, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the City Council does hereby approve Resolution No. 43-63 of the Board of Directors of West Orange County Water Board and the amendment contained therein. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GARDEN GROVE THIS 4th day of June, 1963, by the following vote, to wit: AYES: COUNCILMEN: BARR, DEAN, KNOELLER, RAINWATERS, HONOLD NOES: ABSENT: COUNCILMEN: NONE COUNCILMEN: NONE GEORGE B . HONOLD MAYOR OF THE CITY OF GARDEN GROVE ATTEST: GWEN WIESNER City Clerk By Ruby K. Silva Deputy City Clerk Pro Tem STATE OF CALIFORNIA ) ----COUNTY-OF-ORANGE-----)--SS: - CITY OF GARDEN GROVE ) I, GWEN WIESNER, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Garden Grove, -,held on the 4th day of June, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Garden Grove this 4th day of June, 1963. GWEN WIESNER„ CITY CLERK' By Rubv K. Silva eputy ity er ro em City of Seal geacli + 1. SEAL BEACH. CALIFORNIA crrY HALL • 201 EIGHTH STREET June 3, 1963 It was moved by Gemmill and seconded by Nescher to approve the joint powers agreement as amended by Resolution No. 43-63 of the West Orange County Water Board. AYES: Nescher, Leonard, Griswold, Geirmill ABSENT: Anderson Motion carried. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF'SEAL BEACH' ) I, F. W. Hickman, do declare that -the above and fore- going is an excerpt from the minutes of the Seal Beach City Council at a regular meeting held on the 3rd day of June, 1963• 1 City Clark ana ex -a c o er of the Seal Beach City Council 1 n DEAN H. OEMMILL. Mors C...Cr10oMb.1/ — At— R. LEONARD + NORMA HRANDE4 CI8HB • STANLEY R. ANDERSON • JOHN NESCHER EXCERPT MOM M UTLES OF CITY COiiNCIL Council Chamber, City Hall Huntington Be"h, California n ay,June 3, 1963 Mayor Lambert called the regular meeting of the City Council of the City of Huntington Beach to order at 7130 o'clock P.M. Councilmen present: Wells, Gisler Stewart Welch Lambert Councilmen Absent: hone R M !F !( !e iF # �t ik k k iF k f{ 1i A 7F # � � 1Flt k k #kit * k #''k � k �# # * * � ■ * it # it !F it itik R 1t ** it �t it � k k)F'!k!1 i1k'1F The Clerk presentee a transmittal from the West Orange County Water Board of their Resolution No. 43-63 providing for an amend- ment to the Joint Powers Agreement between the entities comprising the Board. On motion by Welch, seconded by Stewart, Council approved Resolution No. 43-63 of the West Orange County Water Board, and ratified the amendment to the Joint Powers Agreement of the entities constituting their body. Abtion carried. � aN *1Eit#* 1F *�*�f � � t+t�r 1F iF � it * k �t *,r w a #iF� �t� # if iF ft-1t1t It iF 7tlF�t k � k �t�Fi►!t i►1i* ltit # ft* Itit� On motl= by Gisler secoadect bjr Lambert the rcgular meeting of the City Council of the: City of Huntington Beach adjourned, Motion carried. Paul C. Jones ATTESTS City Clerk and ex-officio Clerk cf the City Council of the City of Huntington Bench, California. Paul C. Jones n City Clerk STATE OF CALIF LNIA County of orange as: City of Huntington Beach Robert It. Lambert Mayor .I, PAUL Co JONES, the duly electad, qualified and acting City Clex. of the City of'Huntington Bsach, California,do hereby certify that the above and foregoing is a'tkno and correct excerpt from r zutea of the City Council of said Cit�v-at eefr'regular moetine hold on the _-_3rd_,., day of June 1963 . f. WITZ=- S gr-hand and seal of the said City of Huntington Beach this tut l2 th dey -af _.. June 193.. CitJ Clerk and ea ficio ClerA Of th_ City C::=141 of the City Of Huntirl;tcn Beach, California MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA June 18, 1963 A re Ian meeting of the Board of Supervisors of Orange County, California, was held June 18, 19p3 r at 9:30 A M.. The follouing named members betng present: C.M. Featherly, Chairman; David L. Riker, k'h1. Hirstein and the Clerk. Absent: William J. Phillips and Alton E. Allen. IN RE: RESOLUTION PROVIDING FOR A,MID,'MIT TO CONTRACT COMPENSATION FOR BOARD ME21BERS AND SECRETARY WEST ORANGE COUNTY WATER BOARD On motion of Supervisor Baker, duly seconded and unanimously carried by Board members present, Resolution No. 43-63 of the West Orange County Water Board providing for an amendment to the contract with reference to the compensation of the members of the Board and Its secretary is ordered referred to the County Counsel for preparation of the necessary documents with the inclusion of allowing $100.00 per month maximum for the secretary and a maxim= of three (3) Board meetings per month,. STATE OF CALIFORNIA, r ' ss. - County of Orange 1, L B. WALLACE. County Clerk and ex -of ficio- Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on second in this office. Dv WIT\'ESS WHEREOF, I have hereunto set my hand and seat this 18th day of June, 1963 . L. B. WALLACE County Clerk and ex -of ficio Clerk of the Hoard of ISM $a: _ Supervisors of Orange County, California 1 2� 3�4 5 6 7' 8 10 11 12� 131 1S. I is 19' 201 I 21' 22 23 24 25 20 27 RESOLUTION OF TFE BOARD OF SUPERVISORS OF ORANGE CO:II+;TY, CALIFO'NIA Jun r 26, 1963 On motion of Supervisor Baker , duly seconded and carried, the following Resolution wan adopted: RESOLVED that paragraph 11 of rho joint Pokers Agreement, dated February 28, 1955, between the eztit _ - _ _ , -_ n:n_ the 7 '_:.M e County Water Board, and a=endr.-ants c- r:.-.:to no the sa_::__ is hereby ar.:cnded to read as followo : "11. This Bourg whA l l avc the p j% =r :... . _ a _ s a -..cunt of compensation tc > psis' r: -yaw:. we=ber of wo in-. - . .d the Secretary of Ft. ter- i..._ h• s servic, that the con ­zio_z of o _d .. -. tons o* __ . 3on -. V ill not exceed $2f.)n _ _ each s.ac ..ir_,. ,_ v is Mori z:._o -. • I Km; toget ..tn Tyyen3cw ..-,w -- _ _ ?nc:.r , . hy i.ir.-: in traveling botween his race of 'resieence rid the place of meeting, and provicec, iurtner, that :to Di_ . ,.:. ziall . - . ' _m_ : .--ction for u4andirg =ora r: on v _ se - - r. i.ngs of nh .•c. .„ring any cam? endar m r �k. :c ra;.. _ . ,_ _ r.:. of the Seam. _"_ _ 6I L11 be fired, in ,_ - discretion_ o_ > c Bcar i . in such ant not exccZ; .a $ 03.00 per mcr. LL, a- will i . i riy u sa ye: 2 . - .. for the ... _ ._ vicec recu:_r d cf Km wi :he Board. The co: c.:.s:. -or. ::ar_-_r_ _=nticned shn _•: on in Minion -- anj oth r :s or com?onsation allo cV uy &Y for any c. h: - -: `lciL. _ .-c- cupied by members of thin Mari, o: the Sacrozary thercow." BE IT Fi-ITH R RESOLVED, that toin wmcndmant be subr.:ir=! to the entities con?risiog this Board for r.:'__f_cation by the: a.: L: nLl Le- 234 corm effvrr_n_: Lion ratificuipp by all of said entities. AYLS : _ MSORS DAVID L. SAX06 WM. VIL IAM J. PHILLIPS Sol! ALTON E. ALLSDI PND C. NOES: SUMVISORS N0INE ABSENT: SWERVISORS NONE Resolution Yo.. 63-908 311 32'; 1. R t E S r 1( 1] 1' I� � 14 1� DS:3 �O r It l� 2( 2. 2,' Z 24 2' 2E 2' Z Z 3( 3: 31 STATE OF CALIFORNIA -) _ COUNTY OF ORANGE I Ss. I, L. B. t_:LLACE, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the y above and foregoing Resolution. w7aE :i-,:Iy and regularly adopted by the said Board at a regulzr meeting thereof held on the _ 26th day of ,Tune , 1963, and passed by a unanimous vote of said Board IN WITNZSS WHEREOF, I have hereunto set my hand and set this UK _ day of T ne , 19 63. L. B. 4:AM:L O " ' Ccurty Clerk andsex-.officio Clerk of the Board of Supervisors of Orange Countyr- California f•� � 5 By f r1 Deputy . •;may\ \\ 2. f f 1 2 3 4 7 8 8 10 11 12 13 14 m .19 20' 21' 22 23 24 25' 2E 27 28 29 301 311 32 RESOUITION OF THE r.=D OF SUMRVISMS aF MAME COi WYO CALIFORNUt ACTING AS THE GOVEMN0 NOW) (r MAME COUNTY WATERWORN DISTRICT 11o. 5 October 2, 1952 On motion of Supervisor War--nar, duly seconded and carried, the following Zosolution vas adopted: WMIXAS, by contract mad© and entered into on tha Sth day of February, 1955, by and between thT City of Ptintington Saach, Orange Co=ty Waterworks District number Three, and Orange Co=ty Uatervorks District lamer Five, which said District Humbcr. Three has been auc- ceeded by the City of Garden Crave, through the acquirition of the facilities of said District ter Three, and WMrMv S it in desirable that tho method of appointin3 the vembars of this Board to changed and modified, ncrw, therefore,, BE IT RESOLVED AS FOis.WS t -That paragraph 1 pages 2 rne. 3 of that certain agroement dated February S. 1955s and l:na*an as "Vio Joint Pow:rc Agreamnt", be tended to road ms -follows t "1. The terms of this agreirwnt shall be aarecuted by a board comprised of the following persons: (a) one member appointed b7 the Eoard of Supervisors of oran,7e Co;.^zty, v.ho s±.^.y, but aged not bo a member of said Eoard of Supervisors; (b) Qna member appointed by each of the City Councils of the Cities of Csrden Grav$, Seal Leach and Tiest-minster, who may, but need not be a ��er of such City Ccnmcil of said City. (c) Two ma■bsrs to be appeinted by the City Co;mcil of the City of Mmtin�tcn Beach, 16-hich members may, but need not be members of said City Council. (d) In the event that any municipality, corporation cr other public agency within the County of OranZe., organ - Resolution 11o. 52-1172 x. r .44r �6w� iced and existing under the laws cf the State of Califo-nin or under t..e lams of the United Stater of terica, 'shall becow- a party to this agreaaaant cc provided its Para &.aph 10 hereof, then the membership in this Board shall be increased by ore uster for each egency so be• eomin ; a party thereto and such sa nb er shall be designated and selected ly the Scr7erning body of such agency, and may, but need trot be a member of such governing Board. BE IT rMTMR MOLVED thst any appoiutmantc made by the respzctive City Ccun-_ils cf said Cities in ccngUance with the above provision be and the ssm are hercby ratified cnd c=firmed. Said Board shall be officially designed as .$West Orange County Water Board'." AYES: MLF] ` BurldRVISORS VM119 11. IiiIMRo C.M. ]UTHERLY, U.M. B STEINg C.l:. MUM JIM WILLULM J. PHILLiFa" 1811 ABSENT: ' SUPIRVIS MS EM 1191 STATE CF CALI MU B6. 20 1 COUNTY OF MAl 221 I L. 1. WALLAM, Cvuoty Clerk and ea-officio Clerk of the Ward of 22 S4pa sors of Orange County, Cali!ornia, acting as the Gavorning Beard of Iiraago County Watarrka District; No. S, hereby cfrtify that the above 23 and foregain ; Resolution was duly arEd regale; ly adopted lry the said Board at s regular meeting thoreo€ hold on the 2nd day of October, 1%2, and 24 passad by a Ur-2nia1-Dsa vote of said X;Pxd. 251 IN ITITHESS VIM110€, I hava hc=ru zto act my hand and seal this 2nd 26dcy of October, 1962. 27 L. E. WALLACE Clerk and ex-officio Clerk of the Board 28 of Superrl.scr-s of Dbrangs County, California, acting a3 the Govening Board ..of Orange County 29 ilaterw,orka District Nc. 5 r _ 301. 1= t Hp , 31 _ _ Deputy 321 2. �r I%w- 1 2 3 ' 4 5 6 7 s 9 10 11 12 13 14 I5: M°3 � 1B �zx �a 17 18 19 20 21 22 23 24 25 26 27 28 29 30 311 32' IES-OLUTION CW TIE IVXD Or SUPERMORS OF ORA,= C©UM0 CALIPH RNIA, ACTIM AS THE ccri"" 41M WAU or ORAN= Comm WA71mp1s DISTFICT NO. 5 July 31 1962 ,w- an =-;tion of Supervisor r-jjrLrnPr- . --, duly a3conded and caar ied# tine folly-AnD Resolution wras fired; 14".W.AS, the Zoard of Directarc of Nest Ora Ca Co•.mty Water Bout hazo by its Resolutions No. 20 s :d 21 recomended that thL srs-li- cation of tics City of Scal Desch arvi &.a City of WexbRinster for member- ship in West: ftsnee County. rater Boud, a -ad specified certain ccnditio nas to be coaplied v-ith by said City of Seal Beach and the said City of VestmLrister, as a prerecpiisite to it baing a:cgpW. into mich meobcr- ship, be approved, and, WAR -AS, the Board of Supervt sors of Orwge County has fe-ind =4 datamined t tat it is for tht beat advaatage a rt interest of all of present voubers of the West Orange Qmxnty Water. 363&W, that said City of Sall Saaath and said City, of WasIxInater be #omitted as constituent ors of the West Or& ge County Utter Boards tMs TiERU0=0 BE IT ICSOL%Tnt That the Board of SvTerviaaro of Ora nZe Cvurnty apprava the grant - ire; of the application of the City of Seal Beach and of the City of Feslaainster and C=sent that said Cities be wkitted as a member of Wast Orange County ' Water Board; That the follmin,; conditions be sttachwd to such adkraissiont I* That the City of Seal Bewh and the City of Wastainster, bq resolution of their •rc;,,attive City Council$ agrw to be bouPA by All of the provisions of the Joirt Pcwrit tZr ement of February 8, 19558 as wendsd, that tho Mayor and City C1eri: be authorized to exaZL•t�.-. said Aunt on behalf of each of said Cities. Z. That each of said Utica hay wmr to the fis%-81 agentof Chit Eoard, ttk v= of $1#014.50 by Uw City of Seal Ee=h and �11,116. Resolution No, 62-726 ' 1. I­14, M 4.r 1 2 3 4 5 6 7 8 9 10 11 121 131 141 18 19 20 21 22 23 24 25 26 27 28 29 Sl; 31! 321 by the City of Wastninstar to cover one -fifth (115) of the cost of the preliminary survey and report on facilities for Heat orange County, cede by J.A..Woolley arA Associates, dated Janes 1961. 3. That each of said Citie:c pap to the fiscal went of this Board *.e w,.m of 075.00 per month to cover Lts 81-mrs of the Coats of operation and overhead of this Board including the fee of its repre- sentative tea said Board. That such payment be continued until final platy and ifications are approved tad adapted at which tine Condi- tion 4 herwf shall become effective. 4. Man final plus and s;acifications for the proposed JMrove- meats hwe been approved and adopted by thic Boars, each of said Cities shall p9V into the revolving fund of this Board, a am sufficient to defray* its share of the a .wing costs of said %rovements, and re- plenish said fund monthly upon re-Nusst of this Board. 5., It Le a condition of such admission that neither of said Cities shall acquire any interest in the present and existing facilities of this Board g aver be charygeabla v-ith =7 of the maintenance and opera- tion costs -thereof. 6. Upon the completion of said improvements each of .said Cities shall bear its proportion of the maintenance and operation cost of said facilities to be calcular.tsd upon the basis of the perc*ntaga of owner- ship of said facilities. Ewh of said Cities shall alma pmr for the eater dalivared to its fa-_ilitia s in aecordaace v-ith a.s reading of the cmtsrUz sgrApsent installed for s€+ dete ing such delivery. 7. The approval of =d aSsvement to be bound by Chase 'eorAitions by each of *aid Cities arhall be evidenced by a. =eol-ition of its govorn- ire Beard so approving and r&reejr,& and autorLsing the mayor and City Merl: to emcvte said Agreement of February $, 1955, on behalf of L each of said Citie3. �. That in presmtation to this Faard of rich F.esolut.cn of tha City Council of each of said Citiev and th-. e:awution of said Joint Femurs &-ra,mPent by their said officers, snd the ra in; of their repre- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 19 I� 20 21 22 23 24 25 26 ' 27 ; 28 i r 29 30 31 32 sentative on, this Board, owh of stead Cities be considered a tsar thereof. " entitled to all privileges of welt membership. AYESS SIJi' XjISORS WILLIS H. WARNER, C.M. FEATHERLY, WT. HI] C.M. NELSON AND WILLIAM J . PHILLIPS IMS I SUPEK7MRS NONE JU *ZI SUPEVLSORS NONE STATE OF CALIFOR-11A B5. COMM Or ORANCZ I, L, B. WAL=, Co=ty Clezk and ex-effLeLo Cle*- of th^ Eocr3 of Supervimrs of Orange Ccunty, California, ecting a* the Covcraiqr,- board of Orange County:WaterwDrIks District Tea. 5g hereby certify that the abave and foregainZ Moolution vw duly sad rag-ila:ly adopted by tha said Bond at a ragulsr n"Urg thereof held on the 31st day- of -jUly _,., 1962, and passed, by a unanimous vote of said Sward IN WIVESS w"MIREOF, I ha-vv berevato set M bad and Baal ihia 31sst day of July 196zb L. 3, WALL= County Clark and am-officio Clam. of the Board of Supervisors of OrarWe County, Califoraia, eating as the ggovisraing board of Ore Co:mty �Taterwoor s District No, 5. 2u ty 3. 1 2I 31 4 1, A 2 4j II 25 f 23 27 , l 28 l 1']0 L E t �id:SOI,UI't0 ' OF THE BOARD OF SUPi�.�iY ISOr Vr yIALLAO� , C_%i.iY Clam 0RArGR COUNTY, Cr,,Lr_OPNIA, ACTING ASrQ o+ovr. GOVER:"7ING BOARD OF 0.RAUTE COUNTY V Ti:R ORKS DISTRICT O. 5 July 31 1962 On motion of Supervisor darner , duly seconded and carried, . ths following t esolution was adopted: Y: Ei', AS, the Board of Directors of blest Orange County Wat;.r i Eoard has, by its Fes; olutions No. 20 and 21 recozmended that the appli- ;I eatic-n of the City of Seal Beach and the City of Westminster for member- ship ia West Orange County Water Board, and specified certain conditions to bw ==plied with by said City of Seal Beach and the said City of 1 Ucat inster, as a prerequisite to it being accepted into such member - La ap rovad, and, f i UEERZAS, the Board of Supervisors of Orange County has found and cctc. zin: d that it is for the best advantage and interest of all of , pzaccnt members of the test Orange County Water Board, that said City c£ Sea Batch apd said City of Wastminster be admitted as eonstituen_ ! abcrs of the West Orange County Water Board, NOW, TESP, :FOR:, BE IT RESOLVED: That the Board of Supervisors of Orange County approve the grant-: :. of ;he a?plication of the City of Seal Beach and of the City of : cz w ircter and consent that said Cities be admitted as a member of 'Vest Oran,&C County Water Board; That the follcwing conditions be attached to such cKission: 1. That the City of Seal Beach and t1ka City of Westminster, ; resolution of their respective City Councils agree to be bcjnd by w11 of the provisions of the Joint Pcwcrs Agree =ent of February 8, 1955, � a y es amcndcd, and that the Mayor and City Clerk be authorized to CXWOOL said Qreanaut on b0alf of each of said Cities. 2. t" :t reach of said Citie, pay over to the fiscal agent of ;.his Board, the s::m of $1, 010.50 by the City of Seal Beach and $1,1' S .40 a Resolution i,o. 62-928 , ! 1. ' 1.I ! by the City of Westminster to cover ons-fifth (1/5) of the cost of the 21 prcli#nary survey and report on foAULAs for West Orange County, -azda by J.A. Woolley and' Associates, dated June, 1961. �I 3. That each of said Cities a to the fiscal a h, pay g_nt of this I re 511 Loand tba suof $75.00 per month to cover'its share of the costs of i 6 ; cpa ation and overhead of this Board including the fee of its repro- ! 71 contative on caid Board. That such, payment be continued until final 1 .0 ?Ic s and specifications are approved and adopted at vInich tuna Candi- 9�, tion. 4 hereof shall become effective. 10'[1 4. When final plans and specifications for the prcposed in. rcva- 221 nent„� havo Wen u roved znd ado ted b this Board each of Said Cities { PP P Y 121 shall pay into the revolving fund of this Board, a sum sufficient to 131 defray its share of the accruing costs of said improvements, and re- V! plenish said fund monthly upon request of this Board. of 15,1 5. it is a condition of such admission that neither of said Oa o R All Cities shall acquire any interest in the present and existing facilities END oz� I! • U Z� 17 jj of t'r.is Board, nor be chargeable with any of the maintenance and opera- 1 tion cos tl hereof. 19i 6. Upon the completion of said improvements each of said Cities 24 shall bear its proportion of the acintenance and operation cost of said 211 facilities to be calculated upon the basis of the percentage of ou::,ar- I 22 �t sn p of said facilities. Each of said Cities shall also pay for the 1� 231, water delivered to its facilities in accordance with the reading of the E 24 i meterir_g equipment installed for so determiniAg such delivery. 25i 7. The approval of and agreement to be bound by these cordirzcn .I 26 by each of said Cities shall be evidenced by a resolution of its govern 1 27l ing Board zo cpproving and agreeing and authorizing the Mayor and City i 23 Clerk to execute said Agreement of _February 8, 1955, on behalf -of -each 29 of said Cities. 301 S. That upon presentation to this Board of such Usoluticn of 31 tha City Council of each of said Cities and the execution of said .ioint a2 Powars Agreement by their said officers, and the nawing of their repro- 2. 23 2-_ 25 2U! 27 28' 29 30 51 32' ^trove on this Board, cash o'f £r;;.4 Cities be ccrisidered a m.-=Jci 1 t thereof and entitled to all p::. v il-,'gcs of such me=bcrship a SJP RViSO:�.S WILLIS 11. WARNER, C.M. FFATHEP.LY, WN. HIRSTi�.I1. Cj:. NELSON AND j'1FI,LIAt4 J. PNILLIPS ` ,;..�.S , ,�.. SUP:;P.VISORS NONE , 11rS :Yr; SUPERVISORS NONE 1 S a_: w OF CALIFOINIA } L 0: 0L.w.. I, L. B. WALLACE.. County Clerk and ex-officio Clerk of tha Board of S::pervis-ors of Or -n,,e County, California, acting as the governing boars: of Orange County jlaterworks District No. 5, hereby certify- that the above and foregoing Re -Solution was duly and regularly adopted by the said Board at a. regular meeting thereof held on the 31st day oil 'July , 1962, and passed by a unanimous vote of said Board. V11 1-11TriESS WrIMMOF, I have hereunto set my hand and seal -;int day of July , 1962. e • M4 L. B :. WALUCE County Clerk of the Board of-Superv.i: ors of Orange County, Califo=Aar'as th e;4 governina,.iotid ojOran& County jaterwos :D1"strict=ho.•-5. f r- : r• .� r DeFt� -y `+ '..a�i•ll..•C'rtit, ?jam. r' L,..ti• .. y, e w ilt`1 •' �� - it 3. 1 2 3 4 5 6 . 7 8 9 10 11 12 13 14 15 16 17 18 �19 20 21 22 23 24 25 26 27 28 29 30 31 32 RBSMMION Not 2206-62 A RESMMION Or THE CITY COUNCIL OF TES CITY Or GARDEN QOVE RATMING AND APPROVING RESOLVnONS NO. 20 AND 21 OF TTEST ORANGE COUNTY WATER BOARD. WHEREAS, the Board of Directors of West Orange County Water Board has, by its Resolutions No. 20 and 21 recommended that the application of thA City of Seal Beach and the City of Westminster for membership in Best Orange County Water Board, and specified certain conditions to be complied with by said City of Seal Beach and the said City of Westminster, as a prerequisite to it being accepted into such membership, be approved; and, WiERBAS, the City Council of Carden Grove has found and determined that it is for the beet advantage and interest of all of present members of the West Orange County Water Board, that said City of Seal Beach and said Cil of Westminster be admitted as constituent members of the West Orange County Water Board, NOW, THEREFORE, BE IT RESOLTRD: chat the City Council of Carden Grove approve the granting of the application of the City of Seal Beach and of the City of Westminster and con- sent that said cities be admitted as members of Wect Orange County Water Board; That the following conditions be attached to such admission: 1. That the City of Seal Beach and the City of Westminster, by resolution of their respective City Councils agree to be bound by all of the provisions of the Joint Powers Agreement of February 8, 1955 as emended, and that the Mayor and City Clerk be authorized to execute said Agreement on behalf of each of said cities. 2. T.3at each of said cities pay over to the fiscal Agent of this Board the sum of $1,010.50 by the City of Seal Beach and $1,116.40 by the City of Westminster to cover one -fifth (1/5th) of the cost of the preliminary survey and report on facilities for West Orange County, made by J. A. Woolley and Associates, dated June, 1961. 3. That each of said cities pay to the fiscal agent of this Board the sum of $75.00 per month to cover its share of the costs of operation and overhead of this Board, including the fee of its representative on said Boardl 1, I 2 r 3 n 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 That such payment be continued until final plans and specifications are approved and adopted at which time Condition 4 hereof shall become effective. 4. When final plans and specifications for the proposed improvements have been approved and adopted by this Board, each of said cities shall pay Into the revolving fund of this Board, a sum sufficient to defray its share of the aczruing costs of said improvements, and replenish said fund monthly upon request of this Board. 5. It is a condition of such admission that neither of said cities shall acquire any interest in the present and existing facilities of this board, nor be chargeable with any of the maintenance and operation costs thereof. 6. Upou the completion of said improvements each of said cities shall bear its proportion of the maintenance and operation cost of said facilities to be calculated upon the basis of the percentage of ownership of said fccilities. Each of said cities shall also pay for the water delivered to its facilities in accordance with the reading of the metering equipment instellad for so determining such delivery. 7. The approval of and agreement to be bound by these conditions by each of said cities shall be evidenced by a resolution of its governing board so approving and Agreeing and authorizing the Mayor and City Clerk to execute said Agreement of Yebruary 8, 1955 on behalf of each of said cities. 8. That upon presentation to this Board of such. Resolution of the City Council of each of said cities and the execution of said Joint Powers Agreement by their said officers, ana the naming of their representatives on -this Board, each of said cities be considered a c+enber thereof and entitled to all privileges of such membership. PASSEDa APPROVED, Atr'D ADOPTED BY THE CITY COUNCIL OF T8$ CITY OF CARDEN GfRMI THIS 7th day of August, 1962, by the following vote, to vit: AYES: -COUxCIImxN: BARR, DEAN, MOELLER, HONOLD NOIss : COUNC11m : NONE ABSWT: COMCrLMN: RAINWATERS 11 ATTEST: Il /s/ Gwen Wiesner /s/ George B. Honold 14AYOR OF THE CITY OF GARDEN GROVE CITY a= OF 38E CITY OF GARDEN GROVE k i tI I 2. no forega'no ImItr neat Is a full, true and correct copy of tN oer.in_l on G:e In this o!fi_e ATfLST: ••u••�'� ��. 19G� G1.Eli IV1E'SN.R, CITY £' A OF Tl;: C3/N C�F C'.R^.:13 GROVE ILE RESOLUTION -No. 1638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON REACH RATIFYING AND APPROVING RESOLUTIONS No. 20 and 21 OF WEST ORANGE COUNTY WATER BOARD. WHEREAS, the Board of Directors of West Orange County Water Board has, by its Resolutions Nos, 20 and 21 recommended that the application of the 4+ty of Seal Beach and the City of Westminster for membership in West Orange County Water•Board, and specified certain conditions to be complied with by said City of Seal Beach and the said City of Westminster, as a pre- requisite to it being accepted into such membership, be R approved; and WHEREAS, the City Council of Huntington Beach has found and determined that it is for the best advantage and interest of all of present members of the West Orange County Water Board, that said City of Seal Beach and. said City of Westminster be admitted as Constituent members of the West Orange County Water Board. NOY, THEREF09E, BE IT RESOLVED: That the City Council of Huntington Beach approve the •granting of the application of the City of Seal Beach and the City of Westminster and consent that said Cities be admitted as a member of West'Orarge County Water Board; That the following conditions be attached to such admiss- ion: t Res. No. 1638 1. That the City of Seal Beach rnd the City of Westain- star, by resolution of Ito respective City Councils agrees to be bound by all of the provisions of the Joint Powers Agree - cent of February 8, 1933 as amended, and that the K&yor and City Clerk be authorised to execute said -Agreement on behalf of each of said cities. 2. That each of Laid Cities pay over to the fiscal agent of this Board, the a= of $1,O10.50 by the City of Seal Beach and $1,116,kc by the -City of Westainster to cover cas- fifth (115) of the cost of the preliminary survey and report on facilities for West Orange County, made by J. A. Woolley and Associates, dated Juxo, 1961. 3. That each of said Cities pay to the fiscal agent of this Board the sus of $73.00 per month to cover its share of the costs of operation; and orerhead of this Board including the fee of its representative cn said Board. That such pa,T- ment be continued until final plaaa asrd specifications are approved and adopted at which time Condition 4 hereof shall become effective. 4. When final plans and specification for the proposed improvements have been approved aad adopted by this Board, each of said Cities shall M into the revolving fund of this Board, a sum sufficient to defray its share of the accruing costs of said inprovemmts, and replenish said fund conthly upon request of this Board . 3. it is a condition of such admission that neither of 2. 44c_M. • W* 1V jU said Cities shall acquire any interest in the present and exist- ing facilities of this Board, nor be chargeable with any of the maintenance wA operation costs thereof. 6. Upon the completion of said improvements each of said Cities shall bear its proportion of the maintenance and opera- tion coat of said facilities to be calculated upon the basis of the percentage of ownership of said facilities. Each of said Cities shall also par for the water delivered to its fac- ilities in accordance with the reading of the metering equip- ment installed for so determining such delivery. 7. The approval of and agreement to be bound by these conditions by each of said Cities shall be er idenced by a resolution of its governing board to approving and agreeing and authorising the Kayor and City Clerk to execute said Agreement of February 8, 1953 on behalf of each of said Cities. 8. That upon presentation to this Board of such Resolu- tion of the City Council of each of said Cities and the execu- tion of said Joint Powers Agreement by their said officart, and the naming of their represratatiTe on this Board, each of said Cities be considered a member thereof and entitled to all the privileges of such membership. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 6th day of August, 1962. ATI Kayor Ci lerk Res, No, 1638 STATE OF CALIFOW11A County of Orange } as City of Huntington Beech } I. PAUL C. JOKES, tho duly eleota4, qualified and acting City Clerk of the City of Huntington Beach, and ex-. off iaia Clerk of the City Council of said City, do hereb7 certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing resolution was passed and adopted by the affirdative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the b�th�.... day of August , 1962. b7 the following vote: AYES: WOES.* ABSENT Tie 10,1eina hstmment is a tree and tcmd up of be. orainal 81 file In this office Attest 19 Councilmen: Stewart, Welch, Lambert Councilmen: None Councilmen: Wells Gisler City Clerk anc"x-officio Clerk of the City Council of the City of Huntington Beach, California EITI C'M A,:D Ex-07M3 CLERK CF M MY C= 4 Mr MT of C:;UMM REACH, tA:iF. V MSoLUTIzow4 NO. 433. . RESOLUTIa:I OF CITY 017 YrESTIMISTER ACCEPTMG C0114W DITI0117S SPECIFIED 'V, RrSOLUTIQN L.O. 21 Cr THE WEST O IX,, E COM*,TY WATER ER M)RD M"Z AUTH07=1110 'n1E M E- CUTION OF 1_11E Jonim rG;MRS AG'F. 0014 r 0&" FBBRUARY O t .im mu Bmu LF or Tm CI%'l' or wEs inismn. m2mmAS, tho West orange County Water Board has, by its Resolution i70. 21, accepted the City of Westminster as a ronntitwnt member of tho said Mast OrEng3 County crater Board, and attached cer- tain. conditions therein npeciffed to such mererohip, and TJTMREAS, thY ga+mrni.ng EQards of thn City of Huntington neach, the City of CarCen Gro%m and County Stater Storks District No, 5 of Orange County, have apprw d safa Rozolur't-lon and confi=,3d tr.© adnicsion of the City of mastbinater to marbera:hip in ti:e Nest Orange County Water Board. ximi, TnEREFG tE, BE IT P.ESOLVED: 1. That the conditions attzeaca to said Resolution Vo. 21 of the Hest orange County Water Board b3 approved and accepted by the City of F'cstn1n3ter, and anld City agreea to be bomicy by such conditions and to comply with the arse, and to by bound by the provisions of the Joint Pavers 1-5zeemmt of Eel;%ma; y 8, 1935. 2. That tha Mayor C► d City Cleen of the City of Westminster be; and they are ]:3reby auMhcrired end d.?rCctod to execute the raid Joint PC*�era Agreer.,ent of February C, 19551, an behalf of the City of sriestsainster. 3. That Calvin c. Brack ba dasignated an the Reprezent-- ative of the City of I5ostminzter on mid West Orange County Vater Board. Pas. -ado approved and adopted this 28th day cf Auaust 1952. Mayor ATTZST: U/ Katharine C. Harper City Clark. SV�TE _ of ,CALIF0rN1A 3 Cou.= or oR.iw= ) SS: CIT"4 OF. I- ESTAInISTER I, KATiiFRn,E C. M-PER, City Clerk of the City of VTastm n:tor, do hereby certify that the foregoing Resolution wasapproved, adopted and pasted at a regular meting of the City Council duly hold on 1962, by the following .vote, to-dgit: AYES s ABSF-qT: COLr=mllt BRACK. ANTHONY. MAGILL. JARRETT. BUTCHER COUICCIL MN.. NOi3E CDUNICITZIEN : NONE City Clerk. of `the City ofmestminsteir- (SEAL) Seal Beach, California August b, 1962 John Stratford outlined a proposed resolution of entry by the City into the west Orange County Water District. The Mayor appointed John Nescher as the representative of the City. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF SEAL BEACH } I, F. W. HICKMAN, City Clerk of the City of Seal Beach, California, do hereby declare the above and foregoing is an excerpt from the Minutes of the --City Council at a regular meet- ing held on the bth day of August, 1962. City Clerk and ex-officio Clerk of the Seal Beach City Council Dated:i.lr,� ATTEST 1 2 31 4 6 6 7 8 9 10 11 12 13� 14 1$ 16 17 18 19 20 21 22 23 24 26 26 27 28 29 3o 31, 321 l,71ERTWO Copy RESOLUTIC� 1"0.2ff RLSOLUTIO;; OF CITY OF SEAL MC11 ACCYEPTIV.0 CONTITIONS SPECIFIED IN RESOLUTION NO. 20 OF TAM MST OWMIGS COLEXTY WATER LOAP.D AM) AUTHWILIZELING T:IE EXECUTI0:1 0:' Ti1r JOI171 PO'.•wRS AGREEMENT OF FEERUARY E, 1955 ON sEI�ALF aF z11E ciTY of s&- r �ic.I ViLEPEAS, the Vest Orange County Ulater Board hcs, by its Resolution No. 20, accepted the City of Seal teach as''a constituent member of the said Vest Orange Couu tY Ulater Doard, and attached certain corditiont- therein specified to ouch ==bers,hip, cnd Z;iEREAS, the governing taards of the City of H Latin ;ton tench, the City of Carden Grove 6-u�d County W"-ter Works District No. 5 of Orange Cot=ity, have approved said Revolution wd_ confirmed the adnciscion of the City of Sect Peach to membership in the Vest Orange County gate} Poard. NOW, TINEM IRE, LF. IT RESOLVED: 1. Mat th^ conditions attached to said Resolution NO. 20 of the Vest Orr—_n a County Vater Poard be approved and accepted by the City of Seal Ec.-ah, and said City agrees to be bound by cuch conditions and to c4-nply witli the sarme, and to be bound by the provisions of the Joint Povcrs Aj;Teement of February S. 1955. 2. That the 2iayor and City Clerk of the City of Scal Peach be, and they are hereby authorized and directed to execute the said Joint Pot-n-ry Agreement of February E, 1955, on behalf of the City of Seal Beach. 3. That JOM11 VESCHER be designated as the Reprecentative I of the City of Sc al EeGch on said U-cst Orange County later Eoard. F40T USED VOT USED VOT USED IIOT USED ,,,,,r.. 1 2 4 6 7 8 tiJ 10 11 12 13 141 16 16 171 18 19 20 21 Pia 23 24 26 26 27 28 29 So Sl 32 i'r. ►SM09 M RAIN AND ADDPIr P tri th Czty come i1 of th" City of uc.1 1cnch r:., o xcz!-,lar m,.U:1,7; 11--Id 0n t..i-v�..2 Le.-`y of 1952, by the fall vita votc: MUS : Tht £arcuo&S Neolctson is ritn d by c,� this -zj of 1962. XAYA C7 0 ' T::r .ii 01 SX tL fh0 GCol.-ss-t -- CIZy Cull:: STM 07 Cli'llrO7l"T'll C L/llon, C4 SS. CM Or SUL rlUn..'! 1, F. 1:.'. IIlU4':.';i;, City C1crV. of the City of SCA Unch WWy ccrWAS that the €orc,03 Fcellutian vcc veorted, Faded mid c-ppravice Ly thh Cf -j C0=01 of the City of Scal T.e 63 thi^.�� d:.y of , 19 2., at its recular MmAnz, by ton follovin vote: t,l'E1: Co�'ticil^ca �f�'u.c.ucC� `�r-f-ran-zc-Q w 2 — CiTTi CUR': RESCLUWAXMT NO, 422 A =- OLUTIO:T OF TH= .CITY COUNCIL OF THE CITY W tiMSTMI STER, OP,AM�ME��++rCQYJI'i'/Z}'����./}fC�A�L- xF'O� r'�, AgPiILJ � J 'OF. 41A1��PAQii O T. t17EST ORV;QE COUNTY H TEF IIC,V D. f+I0MAS, it has been determined additional sources of do- mestic water are noedad to tllevirte an increasingly acute water problem facing t?.e City of VTectxlnster; and IMERE_AS, it bas bean determined are found that it is to the best into -eat and advantage of the City of Westminster to join with other constituent agdncics of the Wect Orange County ;dater Boardl VIV, TH MFORC, Dr IT RESOLVED that the City Council of the City of Wastninater.doon hereby apply to the'West Orange County Water Board for a *t�ai ssion as a participating entity therein, upon such to*rua and condi.tione ae =y be spocified by the Governing Board of the entities now comprinirg such Meet Orange County Water Board. BE IT • PURTITER RESOMMD that the City Clerk be and is hereby directed to maid, certified copies of this resolution to the West Orange County Water Board. Adopted, eignod and approved this 12th day of June, 1962. S/ Calvin C. Brack Mayor ATTEST* S Katharine C. Harper City Clerk STATE 4F CALIFORITIA j COUNTY cr ORANGE ' ) SS. CITY OF V!ESTMx NS = I, KATiiMNE C. MWER, City Clerk of the City of Westminster, California, do hereby certify that the foregoing Resolution was duly adopted at ths'regular matting of the City Council of the City of Westminster, held.on the 12th day of June, 1962, by the following vote, to wit: AYES: COUNCILMEN s BRACK, M ML ONY, MAGILL, JARRETT, BUTCHER . NOES : COUNCI rhmi s NONE ABSENT s CO MCI IP..EN s NONE S/ Katharine C. Harperr- City Clerk of the City,of Nestmicater 00 r 3 4 5 e 7 8 9 10 11 12 13 14 15 x� 17 18 19 20 21 22 .23 24 25 26 27 28 29 RESOLUTIM 1109 1451 A FXSOLUTIO1T Cr THE CITY COUNCIL CF TM -- CITY OF- W TINGTON BEACH AMN RIZING AN A1LEND1,7.' 'T TO PARAGRAPH 11 Cr, TIM AGREE- MENT CRr,AT IM T IM WEST Cu' A GE COUNTY WATER B 0 & RD. REAS! the City of Huntington Beach didq on the 8th day of February, 1955, together with other entitiesp execute an Agreement creating the West Orange County dater Board; end 1.11=AS the entities composing the said Board desiro to amend Paragraph 11 of said .Agxooment relating to the coupen- cation of members of the Board and the Secretary of the Board; and WH.EREASS Paragraph 13 of paid Agreement provides that said Agreement may be emended by the unanimous consent of their governing bodies; Naar T.EEREFCRE .BE IT RESOLVED by the City Council of the City of Huntington Beach as followss Goctien 1. That the Cit3► Council of the City of Hunting- ton Beach dogs hereby consent and agree to the amendment of Paragraph 11 of that certain Agreement creating the West Orange County 1-later Boards Which agreement was entered into at of the 8thfty if February, 1955, between the City of Hunt- -- - ington Beach, and other entitiest an3 that said paragraphs 1. Res..No. 1451 MI 4 E 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 as amended, shall read in vorals and figures as follows: "This Board shall have' the perA•or to fix the amount of compensation per mecting to be paid to each member of the Board and to the Secretary of said Board for his services for each meatin,- attended by him; pro- vided, hojevert that such compensation shall not exceed $25.00 for each meeting of the board attended by him, together with expenses necessarily incurred by him in traveling between hit place of residence and the place of meeting and provided, furtherfthat no person shall receive compcnsation for attendinC nore than two (2) reetings cf the Board during any calendar month. The compensation herein mentioned shall be in addition to any other fool or eompeIIsa- tion allowed by law for my other official post oc- cupied by members of this Board9 or the Secretary thereof," Section 2. That the Mayer and City Clerk of the City of i:untin,ten Beach be and they Are hereby authorized and direr ed to execute 'such amendment to said Agreement on behalf of the City of liuntington�Beach. PASSED MID ADOPTED by the City Council of tho City of Huntington Beach! Californitt at a regular meeting theme- 2. Ron. No. 1451 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 hold on the 16t1i„ day of jilnuary...-..- -9 1961* ATTEST i Paul 0. Jones City Clark Erne -at H. Gisler mayor 3• Res* Nd* 1451 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 tfIE F COPY ' ATrM City Clerk of die % STAT8 CF CALiraRNIA 8!i CouxTr or aRANO I! PAIUL C e JM89 the duly eleoteds qualIlUd and acting City Clo* of the City of H=tington Beach$, and oa-affiat® Clerk of the City Council of said City# do hereby.certify that the vhole noiber of members of the City Council of the City or Rantington Beach is five; that the foregoing resolu- tion vas passed and adapted by the affirmative vote - of agar* than a majority of all the -members of said City Council at a regular meetIft thereof . held an the �t day of Jamar q 19619 by the folloving votes AT281 Counnali®eas Wells, Lambert, SStewart. _ Malta. Gisler so" rrr.n NOENs Counalbolks None ABOSITs Cauneil"At None lqi..E loll Tilly OMCE C • . �sf tie City Council ►f Hu afiLi-Pa Borah, Cd. D"ty Paul C. Jones ty CIOVk and es40C C sr of the city Council of the City of Runtiagton Boaehg California �r CITY CLERK CITY OF GARDEN GROV E CALIFORNIA BOX 157 • 11391 ACACIA STREET • JEFFERSON 7-4200 February 10, 1961 CITY COUNCIL GEORGE S. HONOLD. MAYOR LEE D. BARR. VICE -MAYOR JOHN R. DEAN LEROY L. DOIG LEON KNOELLER CITY ADMINISTRATOR WILLIAM RICHARDS CITY CLERK Mr. P. C. Jones, Secretary GWEN WIESNER West Orange County Water Board Post Office Box 190 Huntington Beach, California Dear Mr. Jones: Enclosed is certified copy of Resolution No. 1554-61 of the City Council of the City of Garden Grovel approving Resolution No. 17 of the West Orange County Water Board. Very truly yours,, CITY CLERK GW:rs Encl . RESOLUM01 NO. 1554-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING RESOLUTION 110. 17 OF THE WEST OMNGE COUNTY WATER BOARD. BE IT RESOLVED that the City Council of the City of Garden Grove approves Resolution t:o. 17, adopted December 28, 19608 by the Board of Directors of tha West Orange County Water Board, which provides for the mi,end=nt cf Paragraph II of the Joint Powers Agreement dated February 8, 1955 betwaen the entities comprising the Went Orango County Water Board, with reference to compensation of the ambers of thin Board and its Secretary. PASSED, APPROVED AND ADOPTED BY THE CITY COMMIL OF THE CITY OF MIRDEN GROVE THIS 7th day of February, 1961, by the following vote, to wit: AYES: COMICIUKEN: NOES: ARSE M ATTEST: COUNCII-211: COUNCILMEN: DEAN, DOIG, KNOELLER NONE B;M, HONOLD 1 A'♦rDy THE UM1 N' '1t GROVE IN foregolnZ bsirume,t is a full, true tad coned topy of fie Ori,iral on file in this office p � ArMT. G'NEK WIMER, CITY CLERK OF THE CiIY OF GARDEN CROPS 1 COUNTY CLERK AND CLERK L. B. WALLACE. COUNTY CLERK OF THE P. O. BOX 838 SUPERIOR COURT, ORANGE COUNTY PHONE KI 7.3311 SANTA ANA. CALIFORNIA January 9, 1961 City of Huntington Beach, Paul C. Jones, City Clerk P.O. Box 190 Huntington Beach, California Dear Sir: I am enclosing a certified copy of Resolution No. 61-10, adopted by the Board of Supervisors of Orange County, California, at a regular meeting on January 3, 1961, approving Resolution No. 17, adopted December 28, 19600 by the Board of Directors of the West Orange County Water Board pertaining to the amendment of the Joint Powers Agreement between the entities comprising the West Orange County Water Board. Very truly yours, L'Bi WALLACE, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California. jb By0 Deputy Cler `W Y 1 2 3 4 511 S 7 8 9 10 11 12 13 14 181 19 20 21 22 23 24 25 28 27 28 29 30 31 32 RE5ounioI, or = Law CF SUFEF:VIEo£.S of ORt'LNM CCU-n-l-r i, CA.LU-0v IA Ja:uary 3, 1961 On notion of Supervisor Warrer, duly ssconced and carried, the follovirq, Resolution w a adapted. IT IMSOMM that this Board approves revolution No. 17, adopted Decad)er 28, 1964, by the E.:)ard of Mracton of the Vcst OrsnZe County Voter Board, which provider for the a. sent of Para graph lI of the Joint Pokers ACreamant dated Fabruary 8, 1955 bct- ac-n the entitiet: comprising the Vest Orange County Water Board. AYE: S MTERVLSO ES 171MIS It. IIAiZNT- R, C . It. FEA1'1R:RL`Y 6 WILI M! J. PHILLIPa", C. 11. NELSON AhM W11. HIRS1EI1I V"';ES: SUMRVISM I'M= AUr.1T: SUPERVLSORS 1.012 ETAT" Or CAUFMIA ES, . COINTY OF CRC I, L. E. WM,L:.t,CEs Ccunty CletiL mid ex-officio Clerk of tre Board of Supervisors of Counter, California,, hereby certify that Lhe above ar.-J foregoir„ Revolution vat duly e=1 =8ulairly adopted by th.^ Enid Zoe at a re ular mcet%; the rent raid on the JxNl. day of January,-�_ �. 1961, and pezaed by ai u.rnfmcss vote of Cr�id I:: vin SS varz or, I have h:reunto vet my hared an! seal thu 3rd day of Jr-nuary, 1961. WAUACE Count'r Clerk and *x-officic Clare: of tht Ecard of=Svpervis:rc of Urana County, California L4PPu t7 - resolution Vo. 61-10 MINUTES OF THE CITY COUNCIL OF GARDEN GROVE, CALIFORNIA A regular meeting of the City Council of Garden Grove, California, was held November 15, 1960, at 7:00 p.m. The following named members of the City Council being present: George B. Honold, Mayor; Lee D. Barr, John R. Dean, Leroy L. Doig, Leon Knoeller, and the City Clerk. Also Present: City Administrator, William Richards; City At torney's representative, Clay Reavis; and Public Works Director,, Charles Handy. AGREEMENT - CITY OF GARDEN GROVE AND WEST ORANGE COUNTY WATER BOARD Councilman Doig moved, seconded by Councilman Barr that Agreement between the City of Garden Grove and the West Orange County Water Board whereby the City of Garden Grove would maintain and operate facilities of the Board be approved, and that the Mayor and City Clerk be authorized to sign said agreement. Carried by the following vote: AYES: COUNCILMEN: BARR, DEAN, DOIG, KNOELLER, HONOLD NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS: CITY OF GARDEN GROVE } I, GWEN WIESNER, City Clerk of the City of Garden Grove, California, hereby certify the foregoing to be a full, true and correct copy of. -the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this "21 st day of November, 1960. - City Clerk, City of Garden Grove, California 1 2 3 4 5 6 7' 8 9 10 11 121 131 14! I9� 20 21 22I 23 ; 241. 25 26 271 s 28 29 30 31 321 ,%M1 MOLUTION OF THE B4.' 0 OF SUPERVISORS OF 0'.� m COUm, CALIFORNIA Novenber 2 , 19£0 On motion of S;Vervisor Warner , duly seconded and carried, the following Resolution was adopted: iy'HEAEAS, the Omage County Waterworks District 1 o. 3 of Orange Cosmty, California, was ditsolved by order of this Board on the first day of July, 19609 &nd i4'H UAS, by the tern: of that certain Agrecaent entered into on the 29th day of June, 1960$ between the Counts of.0range and the City of Garden Grove, the City of Garden Crava agreed to pay all outstanding liabilities of ,the Orange County 14terworks District No. 3 and in con- sideration thereof, the City of Gar(kn Grove was to be entitled to all account$ receivable of the District, and { iMM, we tre now irforared that there is pretently standing to the credit of the Orange County Waterworks District No. 3 certain atoms of money held by the City cf 11ur.tinl;ton Beach by reason of Orange Co=ty Waterworks District No. 3's participation in thr. West Orange County rater System. PW* MMUFORE, BE 1T RESOLVED that the City Treasurer of the City of Huntington reach is hereby recrtnted and authorized to transfer to the credit of the City of Garden Craye,-zmy unexYendad funds vlaich have heretofore been credited to Orsn$- Ccmty Watemorrt, District Na. 3. AYES: SUM-1VIS0S WILLIS H. WARNER, WILLIAM J. PHILLIPS, WM. H. HIRSTEIN; C.M. :NELSON AND C.M. FEATHERLY VOES: SUMc- VISM-S NONE AL SENT: SUMVIS0RS NONE STATE OF CALIFORNIA sa. COLTh'TY OF QRANGE 11 L. B. WALLACE, County Clerk and ex-officio Clerk of the Board of Supervisors of Mange Cam-ty, California* hareby certify that the abova and foregoing Recolution was duly end regularly adopted by the resolution M. 60-1124 1. 2i 3 4 5 6 7 8 9� 10 :: f 11 4 ij 12[ 13� 14bI 1� 3 j z 15! nr r 0 0 �f ■u YVr ;Q eta z 'o 0 171 18 19; 201 21� 22; 23 24 25 26 27 281 291 301 32; said Board at a regular meating thereof meld on the 2nd I &Y of Novesber, 1960, and passed by a unanimous vote of said Board. IN k'ITNTSS UTEREW, I have hereunto set ry hand and seal this 2nd dap of November, 1960. L. E. UAW.CE CExmty Clark and ex-officio Clark of tkee Board of Suparvisors of Orange County, California 1y i iity 2. 1r MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY CALIFORNIA October 25, 1960 A regular meeting of the Board of Supervisors of Orange County, Callfornia. was geld at 9:30 A..3L The fotloaing named members being present: C. M. Featherly, Chairman; IMIlls H. Warner, William J. Millps, Wm. H. 111ratein, C. M. Nelson and the Clerk. IN RE: AGREEMENT VEST ORANGE COUNTY WATER BOARD OPERATION Alr� MAINTENANCE On motion of Supervisor Varner, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated October 19, 1960, between the West Orange County Water Board, an entity constituted under the provision of Sect.-6500-6513 of the Government Code of the State of California, and comprised of the City of Hurt ingtcn Beach, California, a Charter City, and County Waterworks District No. 5 of Orange County, and the City of Garden drove; and the City of Garden Grove, California, for the maintenance and operation of Jointly owned facilities. STATE OF CALIFORNIA, County of Oraw 1, L B. WALIACE, County Clerk and ex-officio Clerk of oard of. Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, l 6wn borsanto wt my band and Pif6is day o� - f October, 1960. L-B. WAU.A� AC�EE County Clerk and ex-officio perk of the Board of Superri3ors of Orange County. California `r "r^ ` / MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY CALIFORNIA September 202 1960 A regular meeting of the Board of supervisors of Orange County, California, was held September 20p 1950 at 0:30 A -'%I- The folloning named members being present: C. 51. F'eatherly, Chairman; XMIlls H. Warner, Willkim J. Phillips, Wm. H. ilirsteln, C. X Nelson and the Clerk. IN RE: RESOLUTION NO. 2362-60 RELATIVE TO PARTICIPATION ON WEST ORANGE COUNTY WATER BOARD CITY OF GARDEN GROVE On motion of Supervisor Warner, duly seconded and unanimously carried,p copy of Resolution No. 2362-60 of the City Council of the City of Garden Grove relative to the substitution of the City of Garden Drove as a member of Went Orange County Board in place of Orange County Water Works District No. 3 and appointing H. Louia Lake as a member of the Board of Directors of West Orange County Water Board to represent -the City of Garden Grove, is received and ordered Tiled. STATE OF CAUFORNIA, County of Orange I, L» 13_ WAL.LACE. County Clerk and ex-offcio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full. true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set m) hand aa7/3 &I �Qth day of Septembers 1900 . L. B. WALLACE County Clerk and ex-officlo Clerk of the Board of Supervisors of Orange County. California 'N' 2 w.1 3 4 5 6 7 8 .9 10 11 12 13 „w . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 REEOLUTIC?; Fos 1431 A E SMUTIC:1 Cr TfiU CITY C0U IMIL Or TIE CITY OF ILM"rI GT0,1 Bi-114 : 1tt": IrG Tir, JOINT AGPr'rV",V DATED 2/8/55 AS J001� � FTI.; : ikG � � TI.'" l'"": OR "►�� C0UM VULT'R BOARD -�� U COI:SENTING TO Thr FUBSTITUTIO1 C"'. T2, CITY 0: CARC'= . 'GROVE AS A IMMM of ME EOk.I,D IN PLACr Or CO 117Y VATi R VORKS DISTRICT C30 mr,ron, . t1r. B; crd of rirectors of the %est Oran-e Cc: ty 'utcr Eosrt did,en July 21, 2950, adopt a Resolution rpccif�rine tho ecrditiors foa th? substitution of the City of Garden Crcve as a tael t3: of raid Slant Drama Cotmtg Later Board is puce cf Couvlty Vator..Vorltr District f3 of Or.nl!,-e Co:=nty; tad 1IMERSASy by the tares of said Av: oe=-3ntg vaid - City of Garden Grove flay baco=a a me mbor of said Wort Orange Co=ty Water Board t4�on the mut=1 content of all of th-3 partioz; MV MZIMPORE, =- IT RESOLVED that , e.e City Council of the City of. huntin;ton Beach does hereby consent that the City of Garden Grove b000-mo a member of the 1.!e-.t Oran-m County Water Donrd in pines of County Vator Vorks District f3 of Orcn&e County and that said City of Harden Grove be bound by all the cbli ratio nsl.dutics.and rorponsibilities and subject to the care rights and privileeca of.its prade- oessor: County dater Vorks District -#3e Res. r.o. 1431 v 4b../ Ate,. Z 2 3 P1:S: FX Ate i.DaPTFD by tho 'Cite Cowzeil of th3 CIV of 4 E ntiri tc : £eachl California, tt a rcCular ccetir; thereof 5 held on the let eap 19600 6 7 8 ERNEST H. GISLER 1 9 La or 10 ZZ 12 13 ATTESTS 14 CFAUL C. JONES� 15 City Gler:} 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2. '-w' ;p. L4;)1 J 2 3 4 5 6 7 8 '9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 �r 29 ": ATL o? C :LI FC:tP:I1. County or or; rye c City of 1riV1tin::t^n Leach I! PAUL C. Z01=39 • the duly clectido . qualified and actinU City Clerk of tho City of M=ti=;tc, Let ch and cx-cfficio Clerk of the City Co.nall� of ; raid City, do her cbey certify that the tit Vaole = ber of ,V-cmbarc of $ Council of the City of U'u ntirig-ton Leach is five; t:h t'the for eCoirZ mcolutim va.w pazzed and cdoptcd by th9 cffirrztive vote of Gore than a majority of all the nenborn of said City Council at a regular a3tin€ thereof held on the .; t mday of AU� 19500 AYM Counellmen= WELLS, LAMBERT, STEWART,GISLER. fiOES t Cc:znciloen s None. AESENTs Councilmen: WAITE. 'PAUL C. JOP;ES l.ty Clerk rnd cx-o:• tefo Clsrk oI t City Council of the City of H=tington Ecachs.Colifornia 1• IL e 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO, 1362-60 It prarJr Lr�+trJ*r Or T::r rt'ry r�nj]*rr ? Or THE CITY OF L• 1Y4A. 1i +\ Y Viii VV •\V4L ♦ i- GARDEN GROVE, ORANGE COUNTY, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTI14G THE MAYOR AND CITY CLERK OF SAID CITY TO EXECUTE, ON BEHALF OF THE CITY OF GARDEN GROVE, THE JOINT POWERS AGREEMENT DATED FEBRUARY 8, 1955, AS AMENDED, PURSUANT TO RESOLUTION NO. 13, OF THE BOARD OF DIRECTORS OF WEST ORANGE COUNTY WATER BOARD, AND APPOINTING A MEMBER OF SAID BOARD OF DIRECTORS TO REPFESENT..: THE CITY OF GARDEN GROVE WHEREAS, THE BOARD OF DIRECTORS OF WEST ORANGE COUNTY WATER BOARD, did, on July 21, 1960, adopt a Resolution specifying the conditions for the substitution of the City of Garden Grove as a member of said West Orange County Water Board in place of County Water Works District 2:umbG: T:.:c;., c. O.-=;c Cc'un rq and WHEREAS, it is desirable and in the best interests of the City of Garden Grove that said City become a member of said West Orange County Water Board and asstvne the obligations of the said contract of February 6, 1955, in order to properly preserve and protect its interest in the joint facilities owned by the City of ifuntingtoa Beach.. County Water Works District Number Five, aE Orange County, and the City of Garden Grove which joint facilities l are being operated by said 'Vest Orange County Water Board under the provisions of said contract of February 8, 1955, as amended; NOW, THEREFORE BE IT USOLVED; That the City of Garden Grove become a party to the Joint Powers Agreement dated February 8, 1955, as amended, between the City of Huntington Beach, County Water Works District Number Three of Orange County, and County Water Works District Nienber Five, of Orange County, and that said City assume all of the obligations of said contract, as amended, and succeed to the benefits t1ereof as the assignee rnd successor of County Water Works District Number Three, of Orange County. BE IT FURTHER RESOLVED: 1. L 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute said contract on behalf of the City of Garden Grove, California, and to attach the seal of said City thereto. BE IT FURTHER RESOLVED: That, in accordance with the provisions of said contract, H. LOMS LAKE be, and he is hereby appointed as a member of the Board of Directors of West Orange County Ylr.ter Board, representing the City of Garden Grove. BE IT FURTHER RESOLVED: That any funds remaining in the hands of the City of Huntington Beach', In the Administrative fund, provided for in said contract of February 8, 1955, as amended, which said funds were assigned and transferred to the City of Garden Grove by County Water Works District Number Three of Orange County, be credited to the account of the City of Garden Grove as successor of said County Water Works District Number Three, and that said City of Garden Grove replenisl said Administrative fund from time to time as provided in said contract of February 6, 1955, as amended, upon requisition of the Secretary of said I'Vest Orange County Water Board. PASSED, APPROVED AND ADOPTED THIS 2nd day of August, 1960. GEORGE B. HONOLD ATTEST: GWEN WIBSNER MAYOR OF THE CITY OF GARDEN GROVE CITY CLERK OF THE CITY OF GARDEN 3ROVE STATE OF CALIFORNIA ) COUNTY OF ORANGE j SS: CITY OF GARDEN GROVE ) I, GWEN IMIESNER, City Clerk of the City of Garden Grove, hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Garden Grove at its regular meeting held 2. 1 2 3 4 6 6 7 8 9 10 11 12 13 141 15 16 17 18 19 20 El 22 23 24 25 26 27 28 29 30 31 32 August 2, 1960„ by the following vote, b wit: AYES:' COUN T1,4EN: U.RR, DUN, DOIG, KMOELLER, HONOLD NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE GIVEN WIESNER CITY CLERK OF THE CITY OF GARDEN GROVE the torcgoieg Instrenent Is a F.,R, true an9 eamct Copy of 1h original oft rile in this office ATTEST: _ �' 4 6:YEfi WIESNER, CIiN IERK CF THE CITY OF GARDEN CR^,'."_' 7�1 f \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J :h 15 co "03 16 ter. Gf z G= y 03 17 V 18 19 20 21 22 23 24 25 26 27 28 291 30 31� RESOLUTION CE THE BOARD OF SUPERVISORS OF ORAME CA 719 CALItCMIA Augast 2 1960 On motion of Supervisor warner , duly seconded and carried, the following Resolution was adopted t it:iEPMAS, Orange County Waterworks District No. 3 of Orange County, California, vas dissolved, by order of this larrd, on the 1st day of July , 19609. WHEREAS, all of the facilities of Orange County Waterworks Distr No. 3, except portions thereof lying within the City of Anaheim, have heretofore bean leased to the City of Garden Grove to be operated and maintained by said City; WHUUS, Orange County Watarvorks District No. 3 has a party to the Joint Powers Agreement between the City of Hantington Beach, Orange County Waterworks District No, 3 of Grange Cmmt y, California, and Orange County Waterworks District No, 5 of Orange County, California; WHEREAT, by Resolution adopted July 21, 1960, the West Orange County Water board of Orange County, California, resolved that upon presentation to said Board of a resolution of the City Council of the City of Garden Grove accepting and agreeing to be bound by all of the terms and conditions of the Joint ftwers Agreement, dated February 8, 1953, in lieu of orange County Watezv*rks District No. 3 of orange County, California, and upon the presentation of the Resolution of the City Council naming a member of the Council or such other parson- as provided in said contract as a samWr of the Uwrd of Directors of the West Orange County Water Board, and upon the signature of said contract by this Mayor and City Clark of the City of Gorden Grove, the City of Gorden trove be rraognizod as a party to said Joint ?ours Agreement, with all the duties, obligations, acid privileges provided in said con- tract; . Now, TNERaoRE, SE IT RESMVM) AM. OKDnM that the Board of 32�1 "rviaors of the County of Orange acting aS the governing board of (Resolution No, 60-783 1 �%W- %W \ 1 2 3 4 11! 12. 13 14 18 1s 201 21 22 23' 24� 25 26 27 28 29 30 31 32 S 2- Orange County Waterworks District Na;,'S of Ors,180 County, California. hereby conse-nts and approves tht substitution of the City of Carden Grohs in the place and stud of Orenga County Waterworks District No, 3 of Orange County. California. as a party to said Joint powers Agream#at dated February S. 1955. AYIS: S•JMVISORB WILLIS H. VIAPMM.9 C.M. NELSON, WILLIAM J. PHILL3 WM. H. HIRSTFUN AND C.M. FEATHERLY MXS:' SUPERVISiORS NONE ABSZNT *, SUPSRVISORS NONE SYA?E or CALWOM" as. C04J M OF 09AME I, L. B. WALIACEO County Clark and ex-officio Clark of the Board of 9upervisers of Orange Comty, California, hereby certify that the abaw and foregoing Resolution us d°aly and regularly adopted by the said board at a regular muting thereof geld on the 2nd day of AuZust, 1960, and passed by a unanimous vote of said Board. IB WITMBS WB 10r, I have her #unto set my hand and seal this 2ndd day of August, 1960. L. B. WALIACK County Clerk and ex-officio Clark of the Board of Supervisors of Orange County, California By/y _ Deputy 2. IF MINUTES OF THE BOARD OF SUPERVISORS� OF ORANGE COUNTY, CALIFORNIA February 151 1955 A regular meeting of the Board of Supervisors of orange County. California, was held Febr=ry 15 a 1975 at 9:30 A.Af. The following named members being present: Willis H. Warner. Chairman, C.'-Mr-,Feathttly, . Ralph J. McFadden, Wm. H. Hirstein, Heinz Kaiser and the Clerk. 1N Me. A311= iEN Y:=T 1+i10iL}E COUNTY [:J1:ZR l OA42�0 AM) +itu MS01i 100 �'QOLr. Or. motion of Cuaervicor Featherly, duly seconded arri unanimusly carried, the Cha-iraan ttra.o authorized to ci[;n the Agree—mcnt, dated Febru 7 110 1955 bet:eer. the Vast Ora,n3e County utter bonra a4 iLxrrison end Woolley for orZineerin[: cervicon, on behalf of Water work-C District ]%o. j and Vatcr Works District t:a. 5. STATE OF CALIFORNIA, County of Orange, I, B. J. SMITH, County Clerk and ex-officio Clerk of the Board of - Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my band and seal dues y Fobrurry, 1955 . J. sM1TH County rr nd erofficio Clerk of the Board of up"Gors of Orange County. California 10M 12.1.14 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CAUFORNIA February 8, 1955 A regular meeting of the Board of Supervisors of Orange County, California, was held February B, 1955 at 9:30 A.M. The following named members being present: C6" iftis H. Warner, Chairman, C. M, Featherly, Ralph J. McFadden, Wm. H. Hirstein, Heins Kaiser and the aerL IN RE: AGREENLNT FOR SECURING METROPOLITAN WATER CITY OF HL'NTINGTON BEACH, OFANIrE COUNTY WATER WORKS DISTRICT N0. 3, ORANGE COUNTY WATER „ORBS DISTRICT 110, 5 On Motion of Supervisor Featherly, truly seconded and unanimously carried, the Chairman and Clerk were authorized to sign the Agreement, dated February 8, 1955, with the City of Huntington Beach, Orange County Z.ater Forks District No. 3 and Orange County Water 'Works Dietrict 2:0. 5 for securing Metropolitan Water. STATE OF CALIFORNIA, t aa. County of Orange, I, B. J. SMITH, County Clerk and exofficio Clerk of the Baird of Supervisors of 'Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seat this $� da- brllar 955 • � J tITH County Cleric snd..�r. •officio (3crk of the Board of Supervisors of Orange County, California 104t 12.1•54 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION No. a2­62 RESOLUTION RECMZAENDING THE AMEMMENT OF PARAGRAPH 1 PAGES 2 and 3 OF AGREEMENT OF FEBRUARY 8, 1955 WHEREAS, by contract made and entered into on the 8th day of February, 1955, by and between the City of Huntington Beach, Orange County Waterworks District dumber Three, and Orange County Waterworks District Number Five, which said District Number Three has been succeeded by the City of Garden Grove, throug the acquisition of the facilities of said District Number Three, and WHEREAS it is desirable that the method of appointing the members of this Board be changed and modified, now, therefore, BE IT RESOLVED AS FOLLOWS: That paragraph 1 pages 2 and 3 of that certain agreement dated February 8, 1955, and known as „The Joint Powers Agreement", be amended to read as follows: If 111. The terms of this agreement shall be executed by a board com- prised of the following persons: .IF (a) One member appointed by the Board of Supervisors of Orange County, who may, but need not be a member of said Board of Supervisors; (b) One member appointed by each of the City Councils of the Cities of Garden Grove, Seal Beach and Westminster, who may, but need not be a member of such City Council of said City. (c) Two members to be appointed by the City Council of the City of Huntington Beach, which members may, but need not be members of said City Council. (d) In the event that any municipality, corporation or other public Agency within the Co-inty of Orange, organized and existing under the laws of the State of California or under the laws of the United States of America, shall become a party to this agreement as provided in Paragraph 10 hereof, then the membership in this Board shall be increased by one member for each agency so becoming a party i - 1 - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 thereto and such member shall be designated and selected by the govern- ing body of such agency, and may, but need not be a member of such governing Board. BE IT FURTHER RESOLVED that any appointments made by the respective City Councils of said Cities in complaince with the above provision be and the sane are hereby ratified and confirmed. Said Board shall be officially designed at 'West Orange County Water Board'.', RjUSED--AND.-MOPTED at a regular Adjourned meeting of the Board of Directors of the West Orange County Water Board held on August 23, 1962. ex�6 Chairman I, PAUL C. JONES, Secretary of the West Orange County Water Board, do hereby certify that the above Resolution was adopted at a regular meeting of the Board of Directors of said West Orange County Water Board held on the 23r-:d day of August, 1962, by the following Roll Call Vote. AYES: Lambert, Lake, Waite NAYS: None ABSENT: `liaite - 2 - i PAUL C. JONL ecretary l , I - LJ N z� AlM.10UNIT LPPLICABLE TO ENTITIES IN THE � VEST GRANGE COUNT: VA7BR BOARD IN ACCORDANCE WITH OWNERSHIP PERCENTAGES SI- O ri IN EXHIBIT "A" ATTACHED TO AGREEIIEtiT Or FEBRUARY 89 1955 Or. Co Jlater ti`lorka Dist. Percent of 0cmership as per Sthecaule "A" LiY. 1 %" Percentage - ne of $200,000.gV Q Percent of :�n� Oership as per U r' ; �; Schedule "A" = Line 2 A. Percentage of $200,000. Percent of Ownership as per Schedule "A" - Line 3 Percentage of $200,000. A Percent of Ounersh; p as 'per i ,0At Schedule "A" .- Lhe 4A � Percentage of 1200,000. Percent of Ownership as per Schedule "A" .- Line 4B Percentage of $200,000, Totals - Or. Co.lgater Vlorks Dist. L City of Huntington Beach (19.639 a) (33.597h) (47-764) 37,278.00 46749.00 695028.00 ( 5.4170) (39.0571) (55.5290 10,834-00 78,114.00 111,052.00 ( none) (11.294%) (58,7060 82,88.00 117412.00 C none } (13.648A (86.352%) - 27,296.00 172,704.00 ( none } ( 7.394%) (92.676 %) S 8,112.00 -S25� �t.o,00 6g2 048.00 "�ss�G;.18L :sazancs.nasa. sraaaura CALCULATION TO ARRIVE AT PERCENT OF t2001000. APPLICABLE TO EACH ENTITY Orange County Water Works District #�'3 � 48,112.00 Orangc County 'Water #:ork; District 15 269,$40.00 City of Huntington Beach 682„.0j.00 51,000,000.00 AMOUNT DUE FRQ9 EACH ENTITY FOR THE REVOLVING FUND AS ARRIVED AT FOR COMPUTATIONS IPA ABOVE SCHEDULES 4.8112� 2S.9840 r 65.20 8' 100.G Orange County 'Water Works District #3 - k.8112 of 1200,000. - 4 9,622.40 Orange County Water Works District #5 - 26.040 " 1200,000. - 532968.00 City cf Huntington Beach - 68.2048 0 0200p000. - 116JO2.60 Total Revolving Fund 1200,000.00 Amendment to Exhibit "All attached as part of Joint Powers Agreement forming V;OCVJB. 8/10/55 EXHIBIT "All PERCk.KeAuE OF 4vi'riEhSHIP !i1 I60iKS O E CONSTRUCTED br THE WES`!' OHAMGE COUNTY VIATER BOARD Or. Co. Water kiss. Or.Co.Water Wks. Total District too. 3 District No. 54 City of Huntington Beach Liz �.,.. w/►T�,., .•:I o o1-.-c f/�,.,...,C4 ti, �/ y -cfy .. c s r .,,.; t.. �i MVr cf a percc.... •4V C.,ra�� +, 21 Viu cfs �� ny..C�n+ • V1.V .�"'�' 1.MV wV �� J wf. cr ♦ V /Vim-• y 1 1 21.46 4.00 18.639 7.21 33.597 10.25 47.76 2 18.46 1.00 5.r417 7.21 39.057 10.25 55.52 3 17.46 - -- 7.21 41:294 10.25 58.706 4a 11.87 - - 1.62 13.648 10.25 8b.352 4b 11.06 .- - 0.81 7.324 10.25 92.676 5 10.25 - - - -- 10.25 100.00 6 8.82 - - - - 8.82 100.00 7 6.08 - - - - 6008 10U.00 7a 4.04 - - - - L.04 100.00 4`04 100.00 *8 5.59 - - 5:59 100.00 Sa 3.30 - -- 3.36 100.00 - - *9 0.93 - - 0.93 100.00 - - 10 3.00 3.00 100.00 - - - - 11 1.00 1.00 100.00 - - ,. 12 0.81 - - 0.81 100.00 - - 13 1.0i -- - 1. C+ 100.00 - - 14 1.O - - 1.0± 100.00 - - Pressure Rcgalator and Appurtenances at I-51D Connection 18.639 33.597 47.764 * Includes capacity for 0.93 cfs to the U. S. Navy installations. Certain other works which will serve each of the individual entities and be wholly owned by each entity respectively, ie, meters, pressure regulators, distribution lines and appurtenances, are not listed above but will be constructed by the Test Orange County Water Board togethar with the works above set forth. R 'R ME 7 RESOLUTION VO. L^ FESOLUTIOF OF Tim CITY COUNCIL, of TIM CITY OF CIA.�DZtf O..71 G, ORAIME COTNiY, STATE OF CMFOPNIA, AUTHORIZIN : AND DIRE-C:ING VT MAXOR AND CITY CLERK OF SAID CITY 'TO EXECUTE, Of! BED -;AU OF THE CITY OF E}MEN GROVE, TFE 1955, AS AMENIMM, MRSUANT TO RESOI.UTION 110. 13, OF THTE BOURD OIL I)IRECIMS 07 t•{EST OT-U-NGS COUM VATER ]BOARD, ARD APPOIN'UX5 A 10,1�0.!."R OF SAID POAHD 07 DIRECTORS TO REPRESENT TIM CITY OF OMIDEI7 GROVE. VAMULS, THE BOMD 4F DIIIECTCOiS or vrzn OAA.rs=E Co .• , WATER ]BOARD, did,' on July 21, ILV60, adopt a Resolution cpeoi- fyinP the conditions for the aubetitution of the City of garden drove, as a member of said Veet Oran"@ bounty Water Board in place of County Water Vorksa District };weber Three, of Oranve County; and i+ EAEAG, it Is desirable and in the best interests of the City of harden Grove that raid City become t► member of said Kest Oran,►e 0ounty t:ater Board ant aesume the oblirationa of the said contraot of February 8, 1955, in order to properly pre2erve and protect its 2nterert in the joint fac3ilitier oumed by the City of iiuntinrpton Beach, County Vater Voexs✓ District Number Five, of dranre County, and the City of harden Grove which joint facilities are beint- opt:rated by said West Oranne County Water Board under the provls lo.az :-T eLid contract of February A. 19559 as a -mended; NOV. TtiEREFaX I-X 'IT ILTE SOLVED: That the City of garden Grove becoce a party to the Joint Powers Agreement dated February B. 1955o as amended, be- tween the City of Huntington Beach, County Vater Works District -1— -"I...,a44- jam. Number Three of Oranme County, and County Water Worke District ;lumber Five, of Crenre County, and that said City, acEume all of the oblirations of said contract, as nmended, and succeed to the benefits thereof as the asel.pnes and sucoeenor of County Treater Works District ,Number Three, of Crane County. BE IT FOTHEOR RESOLVED: That the Yayor and City Clerk be, and they are hereby, authorized and directed to execute Bald contract on behalf of the City. of harden Grove, California, and to attach the seal of said City thereto. BE IT FURTHEM RESOLVED: That, In accordance with the provisions of said con- tract, be, and he is hereby appointed as a member of the Board of Aireotore of Weet Orange County pater Board, representing the City of garden Grove. 13E 1T FURTHER RESOLVED: That any funds remaining, in the hands of the City -of Huntinpton Beach in the Administretive 'fund, provided ,for in said contract of February B, 1955, as amended, which -said funds 11 were ascirned and transferred to the City of-rarden {Trove by ' County ,Pater Works District Number Three of Drak,�e County, be credited to the account of the Clty'of,Carden [rove as ouccee- oor of said County Water Works District K=ber.Three, anti that said 'City of, Garden drove replenish said Administrative fund from time to time as provided In.sald eontraot.of:February B, 1955.,aa Herded,-upon-requlsitlon of the secretary of said Meet Oran-e County Vater Board. w2—