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Home My WebLink AboutADOPT RESOLUTION 2007-62 AUTHORIZING SALE OF WATER OUTSIDE T Council/Agency Meeting Held: Deferred/Continued to: )Appr ved ❑ C n itionally A roved ❑ Denied Ci lerKA Signat r Council Meeting Date: 9/17/2007 Department ID Number: PW 07-058 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND qTYCOUNCIL MEMBERS SUBMITTED BY: PENE OPE CJLBRETH-GRAFT, A, CITY ADMINISTRATOR PREPARED BY: DAVID A. WEBB, P.E., ACTING DIRECTOR OF PUBLIC WORK - OPERATIONS SUBJECT: Adopt Resolution Authorizing Sale of Water Outside the City Limits for OCFCD Landscape Improvements Statement of issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Orange County Flood Control District (OCFCD), in conjunction with the Army Corps of Engineers, has requested water service from the City of Huntington Beach for facilities outside the City limits. Section 14.16.180 of the Municipal Code requires a Council resolution before water can be served outside the City limits. Funding Source: The cost of providing water service is recouped through the monthly municipal services billing process. Recommended Action: Motion to: Adopt Resolution No. 2007,62a resolution of the City Council of the City of Huntington Beach providing for the sale of water outside the City limits. Alternative Action(s): Do not adopt the resolution and instruct staff on how to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PW 07-058 Analysis: Ordinance 3754 was adopted by the City Council on November 6, 2006. The ordinance amended Section 14.16.180 of the Municipal Code, which originally stated that it was "unlawful for the City to sell water to consumers outside the City unless the City Council shall by resolution determine that a surplus of water exists in excess of that required by the inhabitants of the City." The Ordinance amended the Municipal Code to allow City Council the ability by resolution, but without declaration of surplus water, to serve water outside the City limits when such water service will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency. On July 19, 2007, the City received a request from the Orange County Flood Control District (OCFCD) for water service to irrigate a proposed landscape area along the westerly Santa Ana River levee bordering the City between Garfield Avenue and Adams Avenue. The project, which is being done in conjunction with the Army Corps of Engineers, is located in OCFCD right-of-way and will add landscape to the existing dirt levee. Strategic Plan Goal: C-2 Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Public Works Commission Action: Not required. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Resolution no.2007-Whorizin the Sale of Water Outside City Limits 2. July 19, 2007 email request from OCFCD for water service -2- 9/4/2007 2:34 PM ATTACHMENT # 1 RESOLUTION NO. 2007-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE SALE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, the Huntington Beach Municipal Code provides that it is unlawful for the City Water Department to sell water to consumers outside the City, or to allow any consumer outside the City to use any water furnished by the City system unless the City Council shall by resolution determine and declare as follows: a) that a surplus of water exists in excess of that required by the inhabitants of the City; or b) that the sale or use of water outside the City will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency; and The Orange County Flood Control District ("OCFCD") has requested that the City provide water service to certain real property owned by OCFCD and generally located on the westerly Santa Ana River levee bordering the City; and The City desires to provide such water service, NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves as follows: 1. That the sale or use of water outside the City to OCFCD for irrigation of a proposed landscape area along the westerly Santa Ana River levee bordering the City will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency, and such sale or use of water outside the City is hereby authorized and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of September , 2007. l�T REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Adiainistrator r City Attorney ulZ 0-7 INITIATE AND OVED: Director of Public Works 07-1185/13791 Res. No. 2007-62 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of September, 2007 by the following vote: AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Cook ABSTAIN: None Cit Jerk and ex-officio Yerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 Page 1 of 1 Dills, Ken From: Johnson, Howard Sent: Tuesday, July 24, 2007 1:14 PM To: Dills, Ken Subject: FW: Water Service Request From: Kasey Nielsen [maiIto:Kasey.Nielsen@rdmd.ocgov.com] Sent: Thursday, July 19, 2007 4:15 PM To: Johnson, Howard Cc: Tina Taverner; Aram Eftekhari; Desai, Girish J SPL; Thomas L. Luzano Subject: Water Service Request Howard Johnson, The Orange County Flood Control District(OCFCD), in conjunction with the Army Corps of Engineers, has a project along the Santa Ana River's to landscape and irrigate the westerly levee boarding the City of Huntington Beach. We understand that the project location is in the OCFCD's right-of-way and not in the City of Huntington Beach. The point of connection for domestic water service will be at Arevalos Park within the City of Huntington Beach. This project has a mutual benefit to all surrounding residents boarding the Santa Ana Rivers westerly side that beautifies the existing dirt levees. We herby request domestic service from the City of Huntington Beach to satisfy our irrigation needs for this joint ventured project. Thank you, KASEY K. NIELSEN Project Engineer PUBLIC WORKS/PROJECT MANAGEMENT DIVISION Resources and Development Management Department(RDMD) County of Orange 330 N. Flower Street Santa Ina,CA 92703 714.834-5106 (fax) kasey.nielsen(irdrnd.oc ov-corn ww.w ocr.)ul7licworks._conl 9/4/2007 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt resolution authorizing sale of water outside City limits for OCFCD landscape improvements COUNCIL MEETING DATE: September 17, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator(Initial) City Clerk ( ) .EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use • RCA Author: Ken Dills, Ext. 5055