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HomeMy WebLinkAboutC-1697 - Joint Powers Agreement Establishing Santa Ana River Flood Protection Agency• TO: CITY COUNCIL FROM: Public Works Department 4. December 11, 1989 CITY COUNCIL AGENDA ITEM NO. F -2(d) Y ;P ' -ITY COUNCIL 3E AC! D E C 111989 SUBJECT: APPLICATION OF CITY OF SAN JUAN CAPISTRANO TO JOIN SANTA ANA RIVER FLOOD PROTECTION AGENCY 7 RECOMMENDATION: Adopt a Resolution ratifying the application of the City of San Juan Capistrano for membership in the Santa Ana River Flood Protection Agency. DISCUSSION: The City of San Juan Capistrano has made application to join the Santa • Ana River Flood Protection Agency (SARFPA), a joint powers agency of the County of Orange, incorporated cities within the County, and other public agencies within the County concerned with flood protection. A letter dated October 6, 1989, from George Osborne, Executive Director of the SARFPA, is attached requesting the City of Newport Beach to ratify the San Juan Capistrano applica- tion. The Public Works Department recommends that the City ratify the appli- cation to join the Agency. Membership in the Santa Ana River Flood Protection Agency provides for enhanced cooperation with the County of Orange and with other cities in the County regarding mutual flood protection concerns. Benjamin B. Nolan Public Works Director • BBN:so Attachments 5 Santa Ana River � Flood Protection Agency 0 • s01 -C Na. 11ee4-0y, loon, 105 Santa Ana, Cal:lo.aia MaIllnq Add,,.,! P.O. Box 1010 Sonle Ana, CA 92701 -1019 Telephone! 711 -831 -5117 OCT 6 B89 City Council 'y City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Robert Wynn, City Manager The City of San Juan Capistrano has made application for membership in the Santa Ana River Flood Protection Agency. The agreement establishing the agency provides with respect to membership: 11 ... any eligible agency desiring to gain membership may do so by subscribing to this Agreement pursuant to a duly adopted resolution of subscription by a majority of the then members of the AGENCY." A copy of the city's minutes will be forwarded upon receipt is recommended. HGO:ps Attachment are enclosed and the city's resolution . Your ratification of the subscription George Osborne Executive Director RESOLUTION NO. 89 -140 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RATIFYING THE APPLICATION OF THE CITY OF SAN JUAN CAPISTRANO FOR MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY WHEREAS, the City of San Juan Capistrano has made application to join the Santa Ana River Flood Protection Agency (SARFPA), a joint powers agency of the County of Orange, incorporated cities within the County, and other public agencies within the County concerned with flood protection; and WHEREAS, the City Council finds that membership of the City of San Juan Capistrano in the Santa Ana River Flood Protection Agency would enhance cooperation with the County of Orange and with other cities in the County regarding mutual flood protection concerns. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby ratify and concur with the application of the city of San Juan Capistrano for membership in the Santa Ana River Flood Protection Agency. Adopted this 11th day of December 1989. ,40.E t CITY OF NEWPORT BEACH CALIFORNIA DATE April 15, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. (City 11.111 3300 W, Newport B ;vd, Area Code 714 673 -2110 Description of Contract An agme wnt p mviding fhr thn oatahlighment of the Santa Ana River Flood Protection Agency Authorized by Resolution No. 8416 , adopted on December 23, 1974 Effective date of Contract December 23, 1974 Contract with Santa Ana River Flood Protection Agency Address c/o Orange County Flood Control District P. 0. Bos 1078, Santa Ana, CA 92702 Amount of Contract See agreemnt M. Attachment c , —city e < 1 AN AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE SANTA ANA RIVER FLOOD PROTEC'T'ION AGENCY (As Amended 12/18/74) 1 This is an Agreement between the County of Orange, the Orange County Flood Control District, and those cities and other public agencies within Orange 3 County which subscribe to it. The parties are all public agencies having some 4 jurisdiction or interest in the mitigation of deficiencies in the flood storage capa- 5 city of Prado Dam and Reservoir and the concomitant flood hazard to the citizens 6 of Orange County. This Agreement is made pursuant to Title 1, Division 7, Chapter 7 5, of the Government Code of the State of California. 8 R E C I T A L S 9 WHEREAS, the United States Army Corps of Engineers in the studies leading 10 to a survey report on the Santa Ana River Basin for Orange, Riverside and San 11 Bernardino Counties has advised in public meetings of the need for the correction of 12 flood protection deficiencies along the Santa Ana River; and, 13 WHEREAS, the Corps of Engineers has studied and presented in public sev- 14 eras alternative plans for works of improvement while preparing to present to the 15 United States Congress for project authorization a feasible plan which best repre- 16 1 sents expressed public interest; and 17 WHEREAS, the parties to this Agreement recognize the necessity and effec- t8 tiveness of presenting a position of unanimity in seeking Congressional authorization 19 for Santa Ana River flood protection project; and 20 WHEREAS, the parties to this Agreement have the authority and power to L1 contract among themselves in constituting a joint powers agency representing their 22 mutual interests. 23 COVENANTS 24 NOW, THEREFORE, the parties subscribing hereto in consideration of the 25 mutal covenants herein contained, agree together as follows: 26 SECTION 1. - PURPOSE. The purpose of this agreement is for the joint 27 exercise of the powers for flood protection, conservation and control of storm and flood waters, protection of the health, safety, welfare, and property of the residents residing within the parties' boundaries and the exercise of the common 30 powers of the parties, and particularly to do the following: 3111 A. To disseminate information on the god hazard potential of the . anta 3211 Ana River and feasible plans for mitigating the flood threat; -i- 1 2 3 4 5 6 7 t 8 9 10 11 121 13 14 15 16! 17. 18i 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 ft B. To seek a position of unanimity in the statement of mutual interest of Ithe citizens of Orange, Riverside and San Bernardino Counties in support of the Imost feasible alternative plan for flood protection along the Santa Ana River; C. To solicit Congressional authorization and appropriations for works of improvement. SECTION 2. - CREATION OF AGENCY. A. There is hereby created a public entity entitled, "The Santa Ana River Flood Protection Agency ", hereinafter called "AGENCY" and said AGENCY pur- 1 suant to the provisions of government code section 6507, shall be a public agency separate from the parties hereto. Pursuant to government code section 6505, 1 the debts, liabilities, and obligations of the AGENCY shall not be the debts, liabilities, and obligations of the parties hereto. B. Membership in the AGENCY shall be voluntary and shall include but not be limited to; the County of Orange, the Orange County Flood Control District, the incorporated cities of Orange County, and any public agency having authority under the Government Code of the State of California to contract for the joint exer- cise of powers. The effective date of this agreement shall be the date of execution by the Chairman of the Board of Supervisors for the County of Orange and Orange County Flood Control District following execution of the agreement by three or more of the incorporated cities of Orange County. Eligible agencies executing this Agree- ment prior to or within sixty calendar days of the effective date of this Agreement shall constitute the initial membership. Thereafter, any eligible agency desiring to gain membership may do so by subscribing to this Agreement pursuant to a duly adopted resolution of its governing board or council and upon ratification of sub- scription by a majority of the then members of the AGENCY. C. The governing body of the AGENCY shall consist of a commission corn- prised of one elected representative duly appointed from the governing board or council of each of the parties to this Agreement each Commissioner holding one vote. Commissioners shall represent, serve and be subject to removal and replacement at the pleasure of the appointing body. On the resignation, removal or incapacity of any commissioner, the contracting party hereto &.hall within thirty days appoint a replacement commissioner. Each commissioner shall file with the AGENCY a -2- 11 2 I 3 4 5 6 7li 8 9 I 10 11i 12' 13 14 15� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ft ft certified copy of the resolvtion of appointment. The AGENCY shall annually elect one of its commissioners as chairman who shall preside at all meetings and shall also appoint a secretary. In the event a vacancy occurs in the office of chairman, the AGENCY shall, at its next meeting, elect a new chairman. D. A quorum for the transaction of business of the AGENCY shall require affirmative approval by a majority of the members present at the meeting at which time such action is taken. The AGENCY shall adopt from time to time such rules and regulations consistent herewith for the holding of meetings and the conduct of its I affairs. All meetings shall be open to the public. The AGENCY shall cause its sec- retary to keep full minutes of all meetings which shall be public documents and available for inspection at the office of the secretary by any interested person. SECTION 3. - POWERS. The common powers to be exercised pursuant to this Agreement are the powers of each party to do any and all of the following: A. To develop, provide and disseminate public information on the flood (hazard potential of the Santa Ana River, alternative plans for the flood protective improvementrs and to solicit, communicate and support actions to secure Congres- sional authorization and appropriations for works of improvement. S. To make and enter into contracts, to employ a part -time officer for the exercise of the powers described herein, and to contract with one or more of the parties to this agreement for the employment of the services and personnel needed for the exercise of the powers of the AGENCY. C. To incur debts, liabilities or obligations necessary to carry out the purposes and powers of the AGENCY. However, there shall be no expense, liability or obligation incurred in excess of the budget without the approval or ratification of the participating mernber agencies. D. To exercise jointly the common powers of the members necessary or iincidental to carrying out the purposes of the AGENCY. SECTION 4. - ADMINISTPATIVE, PROCEDURES. A. Within Sixty days after the first meeting of the Agency Cornmission, a general budget shall be adopted for the balance of the fiscal year (from formation through June 30, 1975). The first full years (7/1/75 - 6/30/75) budget slial.l not exceed the sum of $1500 multiplied by ttse number of participating agencies. A pri:.- -3- I 1 liminary budget shall be adopted prior to April 1 of each year with a :anal budget 2 I to be adopted prior to or at the June meeting of the AGENCY. Each of the parties 3 shall deposit with the AGENCY its share of the adopted budget prior to the end 4 of August of each fiscal year. The general budget must be approved by two - thirds 5 of the commissioners of the AGENCY. Copies of each general budget shall be 6 mailed to each of the parties within fifteen days of its adoption. The initial budget 7 and each succeeding budget shall include the following: 8 (1) The anticipated general administrative expenses of the AGENCY; 9 and 10 (2) The allocation among the contracting parties of equal amounts 11 necessary to cover the expenses. 12 B. Orange County Flood Control District agrees to deposit an amount 13 I not to exceed $15,00% for the p,_yrient of all administrative costs for the AGENCY 14 detailed in the initial general budget upon its adoption, including the salary of the i 15 I part -time officer, coirarnissionerc' and officers' business expenses, office supplies, 16 and con- ununications coste and incidental accounting in connection therewith for the 17 initial fiscal year from date thereof through June 30, 1975. 18 C. Orange County Flood Control District agrees to provide clerical sup - 19 port, office space, furniture and utilities in support of AGENCY operations at no 20 cost to the AGENCY. 21 D. The AGENCY shall keep proper books of record and accounts in which 22 complete and correct entries shall be made of all its transactions (including all re- 23 ceipts and disbursements). Said books shall upon written request be subject to in- 24 spection by any duly authorized representative of any of the parties. Said books 25 and accounts shall be audited annually by the Auditor - Controller of the County of 26 Orange and a copy of the report of said Auditor - Controller shall be available for 27 inspection at the office of the AGENCY secretary. 28 E. The treasurer of Orange County shall be the treasurer of the AGENCY, 29 and all funds of the AGENCY she_li be maintained in the county treasury. The duties 30 of the auditor and treasurer shall be as defined in Section 6505 and 6505. ^ of the 31 Governinent Code of the State of California. 32 F. No commissioner shall receive any compensation from the AGENCY for -4 i I 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. 321 ft Ihis services. Any cortunissioner r.zay be reimbursed for expenses incurred by such Icommissioner in the conduct of business; authorized by the commission. G. All of the privileges and immunities from liability; exemptions from I1aws, ordinances and rules; all pension, relief, disability, workmen's compensation, Iand other benefits which apply to the activities of officers, agents or employees of any of said contracting public agencies when performing their respective functions within the territorial limits of the respective parties to this agreement, shall apply to the same degree and extent while engaged in the performance of any of their func- tions and other duties extraterritorially under this Agreement. None of the officers, agents or employees mentioned in this section shall be deemed by reason of their employment by the .AGENCY to be employed by any of the contracting parties or by reason of their employment by the AGE14CY to be subject to any of the requirements of such contracting parties hereto. H. The notice to the Seca•etary of State as required by Government Code (Section 6503. 5 shall be made by the Chairman of the Commission. SECTION 5. - In lieu of circulating a single document among the entities eligible for membership, this Agreement shall be prepared in multiple copies, ,each of which may be signed by the County of Orange and one or more eligible parties. The signed agreements shall be filed with the Clerk of the Orange County Board of Supervisors wiio shall notify the initial membership of the effective date lof this Agreement. SECTION 6. This joint powers agreement and the AGENCY shall exist as long as three or more parties are in common agreement to continue the terms of the joint powers agreement. A party to the Agreement may withdraw therefrom upon giving ninety days written notice to the AGENCY Commission and to the other parties to the Agreement and upon deposit of sufficient funds with the AGENCY to cover the withdraviing party's proportionate of the debts, liabilities, obligations and expenses of the AGENCY as determined by the Commission. It is not contemplated that the AGENCY will acquire real or personal property. Upon termination and dissolution of the AGENCY any surplus or remaining (funds shall be returned to the parties in 1,roportion to the total contributior;e made by each party. -5- THE FOLLOWING IS A LIST OF SIGNATORS OF THIS AGREEMENT. THE ORIGINAL SIGNATURES ARE FILED WITH THE ORANGE COUNTY CLERK OF THE BOARD OF SUPERVISORS, AND A COPY OF ALL THE SIGNATURES IS FILED WITH THE SECRETARY OF STATE. COUNTY OF ORANGE Ralph B. Clark Chairman of the Board of Supervisors ORANGE COUNTY FLOOD CONTROL DISTRICT Ralph B. Clark Chairman of the Board of Supervisors RECOMMENDED FOR APPROVAL: H. G. Osborne Director of the Environmental Management Agency APPROVED AS TO FORM: Charles B. Sevier, Deputy for Adrian Kuyper, County Counsel CITY OF ANAHEIM: W. J. Bill Thom, Mayor ATTEST:. Alona M. Hougard, City Clerk CITY OF COSTA MESA: Robert M. Wilson, Mayor ATTEST: Eileen P. Phinney, City Clerk CITY OF CYPRESS: Otto Lacayo, Mayor ATTEST: Darrell Essex, City Clerk CITY OF FOUNTAIN VALLEY: George B. Scott, Mayor ATTEST: Evelyn H. Grippo, City Clerk CITY OF FULLERTON: Frances R. Wood, Mayor. ATTEST: Virginia Fitzsimmons, CITY OF GARDEN GROVE: Bernard C. Adams, Mayor ATTEST: Ruby K. Silva, Attest by: June Alexander Clerk of the Board of Supervisors Attest by: June Alexander Ex- officio Clerk of the Board of Supervisors of the Orange County Flood Control District CITY OF NEWPORT BEACH: Donald A. McInnis, Mayor ATTEST: Laura Lagios, City Clerk CITY OF ORANGE: Jess R. Perez, Mayor ATTEST: Charolette M. Johnson, City Clerk CITY OF PLACENTIA: Robert B. Lyons ATTEST: Edward M CITY OF SANTA ANA: Vern S. Evans, Mayor ATTEST: Florence J Ponce, City Clerk Malone, City Clerk City Clerk CITY OF SEAL BEACH: Thomas J. McKnew, Mayor ATTEST: Jerdys Weir., City Clerk City Clerk CITY OF HUNTINGTON BEACH: Norma Brandel Gibbs, Mayor ATTEST: Alicia M. Wentworth, City Clerk CITY OF IRVINE: Arthur W. Anthony, Mayor ATTEST: Carol J. Flynn, City Clerk 17 CITY OF STANTON: Albert J. Nuijens ATTEST: Ann E CITY OF TUSTIN: Joseph B. Langley, ATTEST: Ruth C Mayor Olson, City Clerk Mayor Poe, City Clerk CITY OF WESTMINSTER: Phillip L. Anthony, Mayor ATTEST: Katherine C. Harper, City Clerk March 24, 1975 e Mr. Ed Just Santa Ana River Flood Protection Agency c/o Orange County Flood Control District Post Office Box 1078 Santa Ana, California 92702 Subject: Amended Agreement Providing for the Establishment of the Santa Ana River Flood Protection Agency Enclosed is a copy of subject agreement duly executed by the Mayor of Newport Beach. the City Council authorized the execution of said agreement on December 23, 1974 by the adoption of Resolution No. 8416. After all the participating cities have signed the agreement, please send a fully executed copy to my office for inclusion in our official records. Laura Lagi.os, CMC city Clerk LL-.dm Enclosure o?iST ORAO COUNTY FLOOD CONTR40ISTRICT 400 CIVIC CENTER ORIVE WEST SANTA ANA, CALIFORNIA MAILING ADDRESS: H. G. OSBORNE TELEPHONE: 934 -2300 R. 0. Box 1018 CH!E9 EH GIN ECR AREA CODE 114 SANTA ANA, CALIFORNIA 92102 FILE E01. 60 Mayor Donald McInnis City of Newport Beach 3300 Newport Boulevard Post Office Box 1935 Newport Beach, California 92660 Dear Mayor McInnis: The first meeting of the Santa Ana.River Flood Protection Agency was attended by representatives of fourteen cities and the Orange County Flood Control District. The primary purpose of the meeting was to amend the "agreement providing for the Establishment of the Santa Ana River Flood. Protection Agency. 11 A number of cities have approved the concept and expressed their intention of participating upon resolution of questions raised by council members and staff. Attached for your city's consideration is a copy of the agreement as amended at the December 18 meeting. You will find that all amendments have strengthened the posi- tion of signators to the agreements. Changes were made as follows: SECTION 2C. Now specifies that commissioners shall be elected officials. SECTION 3C. Prohibits the agency from exceeding authorized budget without ratification by member agencies. SECTION 4A. Limits first year budget to a. maximum of $1500 multiplied by the number of participating agencies and provides for preparation of a preliminary and a final budget thus protecting both the agency and its member agencies. SECTION 4F. Deletes the final portion of the paragraph thus permitting the agency to pay expenses for out -of -state business as well as in -state business. City attorneys of several cities have reviewed the changes and expressed their belief that their obiections have been answered and their agency adequately pro - tected. Several cities have questioned the equal cost sharing and equal voting provisions of the agreement, with several alternative methods proposed. Considerable discussion has taken place on this subject and the decision made to leave it for the present with the understanding that agency members may re- view it at a. later date if they so desire. `1Z-. J V S S �NTh, �11.1 & 'P.1 vC'12 o n 01Z `-FT &6-� a 111 /� tv G4_- oIo �IZ. � . �L n� I ,,�� o . 1 )ICS- Mayor Donald McInnis City of Newport Beach to Page 2 As elected officials from participating agencies we were present at this meeting and have agreed to call the next meeting of the new AGENCY. We strongly feel the need for this agency and urge all cities in or near the flood plain to join us in this consolidated effort to assure Orange County the flood protection so urgently needed. EJ: env T 7b Sincerely,''] Harriett Wieder, Councilwoman, Huntington Beach Frank Fry, Jr. Councilman, Westminster 1, 2 3 G! 2as� ft AN AGREEi;TENT PR(A IWNG FOR THE' ESTABLFSHMENT OF THE SANTA ANA RIVER FLOOD PROTECTION AGENCY This is an Agreement between the County of Orange, the Orange County Flood Control District, and those cities and other public agencies within Orange County which subscribe to it. The parties are all public agencies having some jurisdiction interest in the mitigation of deficiencies in the flood storage capa- city of Prado Da and Reservoir and the concomitant flood hazard to the citizens of Orange County. 'his Agreement is niade pursuant to Title 1, Division 7, Chapter 5, of the Government ode of the State of California. R E C IT A L S WHEREAS, the Uni d States Army Corps of Engineers in the studies leading to a survey report on the Sant Ana River Basin for Orange, Riverside and San Bernardino Counties has advise in public meetings of the need for the correction of flood protection deficiencies along e Santa Ana River; and, WHEREAS, the Corps of Engi ers has studied and presented in public sev- eral alternative plans for works of impr vement while preparing to present to the United States Congress for project authori ation a feasible plan which best repre- sents expressed public interest; and WHEREAS, the parties to this Agreeme t recognize the necessity and effec- tiveness of presenting a position of unanimity in eeking Congressional authorization for Santa Ana River flood protection project; and WHEREAS, the parties to this Agreement ha the authority and power to contract among themselves in constituting a joint powe s agency representing their mutual interests. COVENANT S NOW, THEREFORE, the parties subscribing hereto consideration of the mutal covenants herein contained, agree together as follows: SECTION 1. - PURPOSE. The purpose of this agreemen is for the joint exercise of the powers for flood protection, conservation and con4pl of storm and flood waters, protection of the health, safety, welfare, and property of the residents residing within the parties' boundaries and the exercise of the common powers of the parties, and particularly to do the following: A. To disseminate information on the. flood hazard potential of the Santa Ana. River and feasible plans for mitigating the flood threat; 0- 169% -1- 1 2 3 4 i; 4b ft B. To seek a position of unanimity in the statement of mut :al interest of the citizens of Orange, Riverside and San Bernardino Counties in support of the most feasible alternative plan for flood protection along the Santa Ana River; C. To solicit Congressional authorization and appropriations for works of improvement. SECTION 2. - CREATION OF AGL,NCY. A. There is h �reby created a public entity entitled, "The Santa Ana River Flood Protection Agency', hereinafter called "AGENCY" and said AGENCY pur- suant to the provisions of overnment code section 6507, shall be a public agency separate from the parties h ,reto. Pursuant to government code section 6508.1 the debts, liabilities, and ob 'gations of the AGENCY shall not be the debts, liabilities, and obligations of t e parties hereto. B. Membership in the GENCY shall be voluntary and shall include but not be limited to; the County of O ange, the Orange County Flood Control District, the incorporated cities of Orange unty, and any public agency having authority under the Government Code of the St to of California to contract for the joint exer- cise of powers. The effective date o this agreement shall be the date of execution by the Chairman of the Board of Super 'sors for the County of Orange and Orange County Flood Control District following ecution of the agreement by three or more of the incorporated cities of Orange Count . Eligible agencies executing this Agree- ment prior to or within sixty calendar days f the effective date of this Agreement shall constitute the initial membership. The eafter, any eligible agency desiring to gain membership may do so by subscribing to this Agreement pursuant to a duly adopted resolution of its governing board or co ncil and upon ratification of sub- scription by a majority of the then members of t e AGENCY. C. The governing body of the AGENCY s all consist .of a commission com- prised of one representative duly appointed by the overning board or council of each of the parties to this Agreement. Comrnissione s shall represent, serve and be subject to removal and replacement at the, pleasur of the appointing body. On the resignation, removal or incapacity of any commissioner, the contracting party hereto shall within thirty days appoint a replaceme t commissioner. Each commissioner shall file with the AGENCY a certified copy of the resolution of -2- 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 % of appointment. The AGENCY shall annually elect one of its commissioners as chair- man who shall preside at all meetings and shall also appoint a secretary. In the event a vacancy occurs in the office of chairman, the AGENCY shall, at its next: meeting, elect a neap chairman. D. A quorum for the transaction of business of the AGENCY shall require affirmative approval ijy a majority of the members present at the meeting at which time such action is takCgn. The AGENCY shall adopt from time to time such rules and regulations consistent herewith for the holding of meetings and the conduct of its affairs. All meetings sh�ll be open to the public. The AGENCY shall cause its sec- retary to keep full minutes of all meetings which shall be public documents and available for inspection at t office of the secretary by any interested person. SECTION 3. - POWE The common powers to be exercised pursuant to this Agreement are the powers of each party to do any and all of the following: A. To develop, provide and disseminate public information on the flood hazard potential of the Santa Ana iver, alternative plans for the flood protective improvementrs and to solicit, com unicate and support actions to secure Congres- sional authorization and appropriatio s for works of improvement. B. To make and enter into co tracts, to employ a part -time officer for the exercise of the powers described herein and to contract with one or more of the parties to this agreement for the employ ent of the services and personnel needed for the exercise of the powers of the AGEN Y. C. To incur debts, liabilities or ob \each necessary to carry out the purposes and powers of the AGENCY. D. To exercise jointly the common f the members necessary or incidental to carrying out the purposes of the . SECTION 4. - ADMINISTRATIVE PRS. A. Within sixty days after the first f the Agency Commission, a general budget shall be adopted for the balanfiscal year (from formation through June 30, 1975). The initial budget a ceeding budget shall include the following: (1) The anticipated general administrative expenses of the AGENCY; and -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 ft to (2) The allocation among the contrac.t.inh parties of equal anunints necessary to cover the: expenses. Prior to or at each June meeting of the AGENCY, a general budget shall be adopted. Each of the parties shall. de- posit with the AGENCY its share of the adopted budget prior to the end of August of catch fiscal year. The general budget must be. approved by two - thirds of the commissioners of the AGENCY. Copies of each general budget shall be. mailed to each of the parties within fifteen days of its adop- tion. R. Orange County Flood Control District agrees to deposit an amount not to exceed $15, 000. for the payment of all administrative costs for the AGENCY detailed in the initial general budget upon its adoption, including the salary of the part -time officer, commissioners! and officers' business expenses, office supplies, and communications costs and incidental accounting in connection therewith for the initial fiscal year from date thereof through Time 30, 1975. C. Orange County Flood Control District agrees to provide clerical sup- port, office space, furniture and utilities. in support of AGENCY operations at no cost to the AGENCY. D. The AGENCY shall keep proper books of record and accounts in which complete and correct entries shall be made of all its transactions (including all re- ceipts and disbursements). Said books shall upon written request be subject to in- spection by any duly authorized representative o\\any of the partica. Said books and accounts shall be audited annually by.the Auditor - Controller of the County of Orange and a copy of the report of said Auditor - Controller shall be available for inspection at the office of the AGENCY secretary. E. The treasurer of Orange County shall be the treasurer of the AGENCY, and all funds of the AGENCY shall be maintained in the county treasury. The duties of the auditor and treasurer shall be as defined in Section 6505 and 6505. 5 of the Government Code of the State of California. F. No commissioner shall receive any compensation from the AGENCY for his services. Any commissioner may be reimbursed for expenses incurred by such commissioner in the conduct of business authorized by the commission, except that commissioners shall not be authorized to travel outside the State of California -4- 1 2 3 4 5 6 7 8 9 10 11 12 J.3 14 15 16 1.7 18 19 20 21 22 23 24 25 \26 27 28 29, 30 31 321 i commission expense. Any party appointing a commissioner of the Agency may pay such member compensation for his services as may be determined by the appointing party. G. All of thi privileges and immunities from liability; exemptions from laws, ordinances and 41es; all pension, relief, disability, workmen's compensation, and other benefits which'apply to the activities of officers, agents or employees of any of said contracting public agencies when performing their respective functions within the territorial limits of -the respective parties to this agreement, shall apply to the same degree and extent wh le engaged in the performance of any of their func- tions and other duties extraterritorially under this Agreement. None of the officers, agents or employees mentioned in thir section shall be deemed by reason of their employment by the AGENCY to be reason of their employment by the of such contracting parties hereto. H. The notice to the Secretary of by any of the contracting parties or by to be subject to any of the requirements to as required by Government Code Section 6503.5 shall be made by the Chairman`ef the Commission. SECTION 5. - In lieu of circulating a single document among the entities eligible for membership, this Agreement shall be prepared in multiple copies, each of which may be signed by the County of Orange )�nd one or more eligible parties. The signed agreements shall be filed with the 'Clerk of the Orange County Board of Supervisors who shall notify the initial member §hip of the effective date of this Agreement. SECTION 6. This joint powers agreement and the AGENCY shall exist as long as three or more parties are in common agreement to continue the terms of the joint powers agreement. A party to the Agreement may withdraw therefrom upon giving ninety days written notice to the AGENCY Commission and to the other parties to the Agreement and upon deposit of sufficient funds with the AGENCY to cover the withdrawing party's proportionate of the debts, liabilities, obligations and expenses of the AGENCY as determined by the Commission.'] It is not contemplated that the A(3ENCYwill acquire realoj personal property. Upon termination and dissolution of the AGENCY any surplus or remaining funds shall be returned to the parties in proportion to the total contributions made -5- i i 2 3 4 by each party. Dale: COUNTY OF ORANGE liy 'uur-ii :an o r- `�3ci:�r(T-7-3 uTj-�(-ry urs ATTEST: W. E. St John, County Clerk and Cleric of the Board of Supervisors Date: BY Deputy ORANGE COUNTY FLOOD CONTROL DISTRICT Date: By Chairman of its Board of upervisors Date: IAPPROVED AS TO FORM: Adrian Kuyper, County Counsel Orange County, California By Deputy CITY OF ANAHEIM Mayor CITY OF COSTA MESA Mayor CITY OF FOUNTAIN VALLEY ATTEST: W. E. St John, County Clerk and ex- officio Clerk of the Board of Supervisors o,` the Orange County Flood Control District. By Deputy RECOMMENDED FOR APPROVAL: Osborne, Director Environmental Management Agency ATTEST: ATTEST: ATTEST: Mayor CITY OF HUNTINGTON BEACH ATT Mayor CITY OF NEWPORT BEACH ayo ATTEST: M City Clerk c y City Clerk y 11 1 211 31 Al 5. G 7 8' 9li 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 291' 30 1 31 . 32 CITY OT ORANGE' Im ayor CITY OF SANTA ANA Mayor Of i ATTEST: City Cle ATTEST: Z i y CA e r RESOLUTION NO. CC / n RESOLUTION OF THE CITY COUNCIL OF THE CITY Y W NEWPORT BEACH AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY DEC 231/q 7� OF NEWPORT BEACH, THE COUNTY OF ORANGE AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT, ESTABLISHING THE SANTA ANA RIVER FLOOD By the CITY COUNCIL PROTECTION AGENCY CITY OF NrAWPORT BEACH WHEREAS, the County of Orange and the Orange County Flood Control District have .presented a joint powers agreement establishing the Santa Ana River Flood Protection Agency for the joint exercise of powers for flood protection, conservation and control of storm and flood waters, protection of the health, safety, welfare and property along the Santa Ana River; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and have found them to be fair and equitable and in the best interest of the City of Newport Beach; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby authorizes the Mayor and City Clerk to execute a joint powers agreement establishing the Santa Ana River Flood Protection Agency. ADOPTED this 23rd ATTEST: City Clerk day of December , 1974 Mayor DDO /bc 12/23/74