HomeMy WebLinkAboutEncina Administrative Agency; 1990-12-17;f
August 9, 1991
Encina Administrative Agency 6200 Avenida Encinas Carlsbad, CA 92009
Attn:
Re:
The Carlsbad City Council, at its meeting of August 6, 1991, adopted Resolutio
No. 91-246, approving an amendment to the Revised Establishment Document for th
Encina Administrative Agency. The Amendment permits operation under the Count Water District regulations.
Enclosed for your records is a copy of Resolution No. 91-246.
Richard W. Graff, General Manager
Amendment to Encina Basis Administrative Agreement
Z?J* Assistant City C erk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28Ot
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oRESOLUTION NO. 91-246 a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING THE REVISED ESTABLISHMENT DOCUMENT FOR
THE ENCINA ADMINISTRATIVE AGENCY RESTRICTING THE EXERCISE OF
POWERS TO THE MANNER OF ONE OF ITS MEMBERS
WHEREAS, the City of Carlsbad is a party to the Revised Establishment Do
(RED) entered into on December 17, 1990 creating a public agency known as the
Administrative Agency (EAA) to serve as the operator and administrator of the Encir
System, as described in the December 17, 1990 "Revised Basic Agreement For Owr
Operation and Maintenance of a Joint Sewer Systerni"; and
5>
WHEREAS, Government Code Section 6509 provides that the powers exercis
joint powers authority shall be subject to the restrictions upon the manner of exercis
powers of one of the contracting parties, which party shall be designated by the agre
and
WHEREAS, the Board of Directors of the Encina Administrative Agency and th
Advisory Committee have recommended to the contracting parties modification of th
to identify Leucadia County Water District as the party to be designated; and
WHEREAS such modification does not change the powers, duties or purposes
RED or of the Encina Administrative Agency, or the rights or obligations of the conti
parties; and
WHEREAS, the City Council of the City of Carlsbad, California desires to approv
designation;
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1, That the above recitations are true and correct
2. That the Revised Established Document ol December 17, 1990 shall be am
by adding Section 2.3.1 6, to read:
"2.3.1 6 The powers enumerated herein shall be exercised
subject to the restrictions upon the manner of exercising the
powers of the Leucadia County Water District pursuant to the
County Water District Law (Water Code 30000 et seq.)."
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3. This amendment shall be effective as of the date it is executed by all the n
agencies.
4. This resolution shall be forwarded to the E:AA immediately upon its adoptil
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
held on the 6th day of August, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Council Me &
ATTEST:
hZd& R.RL
ALETHA L. RAUTENKRANZ, City Clerk I
(SEAL)
‘i
__
December 4, 1990
Mr. Richard W. Graff Encina Water Pollution Control Facility 6200 Avenida Encinas Carlsbad, CA 92009-0171
REVISED BASIC AGREEMENT AND REVISED ESTABLISHMENT DOCUMENT
The Carlsbad City Council, at its meeting of November 20, 1990, adop Resolution No. 90-412, approving the Revised Basic Agreement for Ownersh Operation and Maintenance of the Encina Basin Joint Sewage Systerii and Revised Establ ishiiient Docuriient for the Encina Adniinistrative Agency.
Enclosed for your records is a copy of the fully executed Resolution. A1
enclosed are two original agreements pertaining to the above which requ
additional signatures. Please return one fully executed copy of each agreeinc to our office.
&O?[C C&
Linda Cota
Secret a ry
Enclosures
.________--- _- - - -- - -_____ __.- ~ --.- ---__
1200 Carlsbad Village Drive - Carlsbad, California 92008 0 (619) 4:34-28(
e a . REVISED ESTABLISHMENT DlOCUMENT
FOR THE
ENCINA ADMINISTRATIVE AGENCY
Ref: 90
THIS AGREEMENT (hereinafter the Revised Establishme
d Document, ttRED1t) is made and entered into this
of , 1990, by and among the CITY OF VIS
(hereafter VISTA), the CITY OF CARLSBAD (hereafter CARLSBAD), t
BUENA SANITATION DISTRICT (hereafter BUENA), the VALLECITOS WA‘I
DISTRICT (hereafter VALLECITOS) , the LEUCADIA COUNTY WATER DISTRI
(hereafter LEUCADIA), and the ENCINITAS SANITARY DISTRI
(hereafter ENCINITAS) , herein called the “‘member agenciest1, for t
operation, maintenance, and administration of their jointly own
sewerage system.
RECITALS
WHEREAS, each of the member agencies is a public agen
authorized and empowered to contract for the joint exercise
powers under the Government Code of the State of California; an
WHEREAS, each of the member agencies has the authority a
power to collect, transmit, treat and dispose of wastewater and
construct and operate facilities for such purposes: and
WHEREAS, the member agencies recognize the need to operat
maintain and administer the Encina Joint System on a cooperati
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basis for the collection, transmission, treatment, and disposal
wastewater: and
WHEREAS, on August 1, 1988, the memher agencies entered ir
a Joint Exercise of Powers Agreement, which this RED is to replac
pursuant to the provisions of Article 1, Chapter 5, division
Title 1 of the California Government Code, creating a public ager:
known as the Encina Administrative Agency (EAA) to serve as t
Operator/ Administrator of the Encina Joint System; and
WHEREAS, the Joint Exercise of Powers Agreement establishi
the EAA was adopted as a supplement to the "Basic Agreemer
establishing the Encina Joint Powers; anti
WHEREAS, the member agencies desire to revise and conden
the Basic Agreement and have drafted legal documents kno
collectively as the Revised Basic Agreement that are to
considered concurrently with this Agreement; and
WHEREAS, the member agencies desire to (a) retain the EAA
the Operator/Administrator of the Enciria Joint Powers and (
reestablish the organization, administration, rules, and specif
powers of the EAA by entering into a revised agreement, to be kno
as the IIRevised Establishment Document" (I1RED1l) , separate from t
Revised Basic Agreement (rlRBAfl) , pursuant to Article 1, Chapter
Division 7, Title 1 of the California Government Code relating '
the joint exercise of powers.
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NOW THEREFORE, THE PARTIES HERETO COVENANT WITH EACH OTHER .
FOLLOWS :
Section 1. DEFINITIONS
For the purposes of this RED and the RBA, the following terms sha
have the meanings indicated below:
1.1 Basic Asreement. That agreement by and among Vist
Carlsbad, Buena, Vallecitos, Leucadia, and Encinitas including a
supplements and amendments thereto enterecd into beginning July 1
1961.
1.2 Joint Advisory Committee. The Joint Advisory Committ
(JAC) as defined in the Revised Basic Agreement.
1.3 Joint System. The Encina Joint System as defined in tl
Revised Basic Agreement.
1.4 Revised Basic Asreement. That: agreement by and am01
Vista, Carlsbad, Buena, Vallecitos, Leucadia, and Enchit,
including all amendments thereto entered into beginning
1990 and superceding the Basic Agreement.
Section 2. TERMS
2.1 Reestablishment of Asencv. There is hereby reestablish(
a public agency known as the Encina Administrative Agency, here:
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called EM.
agency separate from the parties hereto, but it is the intent
these parties that EAA be subordinate to and dependent upon t
member agencies in all matters.
For the purposes of this aqreement, EAA is a pub1
2.2 General Duties of the EAA. The EAA shall operat
maintain, and administer the Encina Joirit System utilizing fur
contributed by the member agencies and grants received from t
Federal and State governments.
2.3 Powers. The EAA shall have the following powers
needed to fulfill its duties:
2.3.1 To operate, maintain, administer E
manage the Joint System, including any buildings, works
improvements comprising part of the Joint System and located eitk
inside or outside the boundaries of the member agencies,
accordance with sound engineering and accounting practices wj
local, state and federal laws and regulations:
2.3.2 To make and enter contracts in connectj
with the administration, management, maiintenance and operation
the Joint System:
2.3.3 To employ agents and employees to operat
maintain, administer and manage the Joint System;
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2.3.4 To incur debts, liabilities or obligatio
in connection with the operation, maintenance, administration a
management of the Joint System;
2.3.5 To sue and be sued in its own nam
provided that the EAA shall not commence or intervene in a
lawsuit without the approval of all of its member agencies, exce
pursuant to paragraph 2.3.10 hereof;
2.3.6 To acquire, ho:Ld, and dispose of su
equipment as may be reasonably necessary t.o the property operatic
maintenance, administration and management of wastewater treatme
and disposal facilities;
2.3.7 To file reports associated with t
operation, maintenance, administration and management of the Joi
System;
2.3.8 In an emergency, to reconstruct or cau
to be reconstructed such portions of the Joint system wh
reconstruction is immediately required to permit the Joint Syst
to continue to function;
2.3.9 To maintain at all times with
responsible insurer or insurers sufficient insurance against IC
or damage to the Joint System or polrtion thereof, worker
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compensation insurance, and insurance against public liability E
property damage;
2.3.10 To adopt industrial pretreatment regulatic
that comply with federal and state pretreatment regulations. 1
regulations shall include technically based local limits, shall
followed by each member agency, shall apply to industr:
connections and groundwater cleanup sites that discharge or hi
the potential to discharge into the Joint System, and shall al:
EAA to take enforcement action against dischargers that violi
the regulation;
2.3.11 To review and amend the industrial pretreatmc
regulations from time to time as the need arises;
2.3.12 To implement all requirements of .
pretreatment regulations and all aspects of the Encina service a:
pretreatmentprogram, including permitting, inspection, monitorii
reporting, and enforcement activities, except that industr
pretreatment permits shall be jointly issued by the member age]
in whose jurisdiction the discharge is located and EM;
2.3.13 To charge and bill the industrial dischargi
for their respective share of the EAA's cost to implement
pretreatment regulations, including application review, per:
issuance, sampling, monitoring, inspection and enforcement cos
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2.3.14 To purchase, lease or condemn real proper1
upon such terms and conditions as approved unanimously by tl
member agencies:
2.3.15 To operate and maintain other faciliti(
outside the Joint System as recommended by JAC and in accordan
with EAA executed operation agreements, or as authorized in t
Revised Basic Agreement, which may include budgeti
responsibilities.
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2.4 Board of Directors. The EAA shall be administered
the governing body of the EAA which shall be known as the Board
Directors of the EAA, herein called the Board. Members of the J
shall serve as the Board.
2.5 Officers of the Board. The Board shall elect its o
officers, which shall include a Chairman, Vice-chairman, Secretar
Treasurer, and Auditor. The Chairman and Vice-chairman shall
members of the Board and the Secretary may, but need not, be
member of the Board.
2.5.1 Treasurer. The Treasurer shall be t
treasurer of Vista and shall be the depositary and have custody
all money of the EAA from whatever sources.
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2.5.2 Auditor. The Auditor shall be the auditor (
Vista and shall draw all warrants to pay demands against the Ei
approved by the Board of Directors.
2.5.3 Other Officers. The General Manager ai
Attorney for the EAA shall be appointed by the board. The Boa:
shall also have the power to appoint and employ such othc
consultants, advisors, and independent contractors as it may de(
necessary, and subject to the limits of the EAAIs approved budge.
The public officer, officers, or persons who have charge o
handle, or have access to any substantial property of the EAA sha
file an official bond in an amount to be fixed by the Board. T
General Manager shall have the power to appoint, promote, demo
and remove employees of the EAA subject to the provisions of t:
personnel policy of the EAA and the EAA's approved budget.
2.6 Meetinss of the Board.
2.6.1 Regular Meetings. The Board shall provide f
its regular meetings; provided, however, it shall hold at least o
regular meeting per month. The dates, hour, and place of t
regular meetings shall be fixed by resolution, and a copy of su
resolution shall be furnished to each member agency.
2.6.2 Ralph M. Brown Act. All meetings of the Boar
including, without limitations, regular, adjourned regular, a
special meetings, shall be called, noticed, held, and conducted
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accordance with the provisions of the Ralph M. Brown A(
(commencing with Section 54950 of the California Government Code
2.6.3 Minutes. The Secretary of the EAA shall cau
to be kept minutes of all meetings of the Board, and shall cau
a copy of the minutes to be forwarded to each member of the Boa
and to each of the parties hereto.
2.6.4 Quorum and Vote. A majority of the Board
their alternates shall constitute a quorum for the transaction
business; except that less than a quorum may adjourn from time
time. The affirmative vote of a majority of a quorum shall
required for the approval of any action. However, when voting
a matter involving the treatment plant (Unit I) or the oce
outfall (Unit J), any member of the Board may call for a weight
vote. In such case, the affirmative vote of members representi
a majority of the capacity of the Unit involved shall be requir
for the approval of any action, to be calculated as follows:
The total vote of all members of the Board shall be 1
percent. Each regularly appointed member shall have a percenta
of vote equal to one-half of the percentage of capacity of t
member agency he/she represents in the Unit involved. Where 01:
one member is present, said member shall have a percentage of vc
equal to the total percentage of capacity of the agency he/s
represents. At any meeting where no regularly appointed member
represented, each alternative of such regularly appointed memk
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shall have a percentage of vote equal to one-half of the percenta
of capacity of the agency he/she represents. Provided, howeve
at any meeting where any agency is represented by only one alte
nate, said alternate shall have a percentage of vote equal to t
total percentage of the capacity of the agency he/she represent
2.7 Rules. The Board shall adopt rules and regulation
including a conflict of interest code and a purchasing procedur
The Board may, from time to time, review and revise these rul
and regulations as needed.
2.8 Budsetinq. Annually, the EAA shall prepare an operatic
maintenance, and administration budget (hereafter referred to
the 0 & M budget) and a capital improvement program budg
I (hereafter referred to as the capital budget). The budgets sha
be prepared in accordance with the RBA and generally accept
accounting principles.
2.9 Accountina and Audits.
2.9.1 Fiscal Year. The fiscal year of the E
shall be from July 1 to June 30.
2.9.2 Accounting Procedures and Audit. FL
books and accounts shall be maintained for the EAA in accordar
with practices established by or consistent with those utilized
the Controller of the State of California for like public agencic
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The Auditor of the EAA shall either make or contract with
certified public accountant to make an annual audit of the accoun
and records of the EAA. The minimum requirements of the aud
shall be those prescribed by the State Controller for sped
districts under Section 26909 ofthe California Government Code a
the audit shall conform to generally accepted accounti
principles. A report of the audit shall be filed as a pub1
record with each of the member agencies and with the San Die
County Auditor within 30 days of its completion. Such report shz
be filed within 12 months of the end of the fiscal year unc
examination.
2.10 Liabilities. Except as provided hereinabove, the debt
liabilities and obligations of the EAA shall be the debt
liabilities and obligations of the EAA alone, and not the memk
agencies.
2.11 Withdrawal or Dissolution. Upon withdrawal of a memk
from the EAA or upon dissolution of the EAA, there shall be
partial or complete distribution of assets and discharge
liabilities as follows. The distribution of assets may be made
kind or assets may be sold and the proceeds thereof distributed
a member agency at the time of withdrawal or to the member agenc:
at the time of dissolution; provided that, all property and rig1
in property assigned or transferred by any member agency to the 1
shall be reconveyed to said member agency free and clear of i
encumbrances and liens of any kind.
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2.11.1 Withdrawal. Upon withdrawal of any membc
agency from the EAA, the withdrawing member shall receive if
proportionate or otherwise defined share of any assets of the EA
and shall contribute its proportionate or otherwise defined sha
toward discharge of any enforceable liability incurred by the EAA
2.11.2 Dissolution. Upon dissolution ofthe EAA, ea
member agency shall receive its proportionate or otherwise defin
share toward discharges of any enforceable liabilities incurred
the EAA.
2.12 Rescission or Termination. The EM shall contin
as Operator/Administrator until such time as EAA is terminated
written consent of a majority of the member agencies, evidenced
certified copies of resolutions by their governing bodies. Up
termination of the EAA and replacement with anoth
Operator/Administrator, employees of the EAA shall become t
employees of the new Operator/Administrator subject to existi
employment contracts, seniority, retirement rights and any 0th
employee benefits or rights now enjoyed by those employees.
2.13 Notices. All notices, statements, demand
requests, consents, approvals, authorizations, agreement
appointments or designations hereunder shall be given in writi
and addressed to the principal office of the EAA.
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2.14 Severability. If any one or more of the term
provisions, promises, covenants or conditions of this agreeme
shall by any extent be adjudged invalid, unenforceable, void
voidable for any reason whatsoever by a court of compete
jurisdiction, each and all of the remaining terms, provision
promises, covenants and conditions of this agreement shall not
affected thereby and shall be valid and enforceable to the fulle
extent permitted by law.
2.15 Modification of Asreement. This agreement sha
contain all of the terms and conditions made between the parti
hereto and shall not be amended except by an agreement in writi
signed by all the member agencies.
2.16 Succession. The provisions of this agreement sha
be binding upon and shall inure to the benefit of the successc
of the parties thereto.
2.17 Amxoval. This agreement shall be approved as
the date that all of the member agencies have approved tk
agreement and the Revised Basic Agreement.
IN WITNESS WHEREOF, each party hereto has pursuant
resolution duly passed and adopted by their respective governi
bodies caused this Revised Establishment Document to be execut
effective as of the day and year first above written.
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CITY OF VISTA
0
BY Attest:
city Clerk
Attest:
&L%, k’ G*L City Clerk
LEUCADIA COUNTY WATER DISTRICT
BY President
VALLECITOS WATER DISTRICT
BY President
BUENA SANITATION DISTRICT
BY Chairperson
ENCINITAS SANITARY DISTRICT
BY President
Approved in form:
BY EAA Counsel
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