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
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•
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
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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;
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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-
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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
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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:.-
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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
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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
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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.
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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
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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;
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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
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appointment. The AGENCY shall annually elect one of its commissioners as chair-
man who shall preside at all meetings and shall also appoint a secretary. In the
event a vacancy occurs in the office of chairman, the AGENCY shall, at its next:
meeting, elect a 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
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(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
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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
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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
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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