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HomeMy WebLinkAboutSanta Margarita San Luis Rey Watershed; 1974-10-01;FIRST AMENDED .JOJN-J- EXERCISE OF PCWEZRS ACREEMEN-J CREATING SAN-I-A MARGARITA- SAN LUI S REY WATERSHED PLANNING AGENCY THIS’ FIRS-J- AMENDED JOIPIT EXERCISE OF POWERS AGREE- MENT CREATING SANTA MARGARITA-SAN LUJS R!3’ WATERSHED PLA.NNIN’S AGENCY is made and entered into as of ‘October 1 , 1974, by and between the parties signatory hereto. RECITALS . (a? Parties. --- The parties to this agreement are public agencies authorized and empowered to contract for the joint exercise of powers under Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California. (b) Common Powers. The parties hereto have and possess in common power and authorization to protect and preserve the surface and subsurface water supplies within.their respective bound- aries, and to make the necessary and incidental studies and investigations, at>d to contract for al-,d to own, construct and operate works and facilities in connection therewith, including the power to . act in cooperation with the State of California and the United States or any of their respective agencies. (c) Predecessor Agent ies . Heretofore ‘the Santa Margarita -- Watershed Planning Agency and San Luis Key Watershed Planning Agency were formed as joint powers within their .respective t’ “ watersheds for s~.!hstantially t:he. purposes herein contemplated. By agreement, said joint powers agencies formed a ,!oint Administration Cornrnittee to condtlct an in-depth study of water qua1 i ty conditions and plan% u!id%r grants a.nd contract<.; with the United Sta?ec; and the State of Cal i Fornia . (dj Need for Successor Agency. Said joint study is SOW completed and it is now appror;riate to form a single successor agency to succeed said oredecessor a)2encies to assure cc>ntinuity in (1) adoption and updating the plan dcvc>loped by said joint- stAy, (2) to review :,lan.s and operations of local agencies for conformance with said plan, and 131 to offer assistnnce in financing and cperation of regional facilities rec;ilired by said plan. COVEPJANTS 1N CON SlDERAT10N OF the r-nuti.ral promises and covenants herein contained, the Kjartic::s hereto ar;ree a? follc,ws: A. CREA’7-‘ION, PL.JP,!“O>~E’; AND F”b’~L--RS ‘1 . kyenc:, Crc?ated . ‘l-here ‘s. her~b~~* crested C3 pub -w-u- ,lic en tity to t;e known as I’ C‘ .JarV.x fv’arqarita- San !+tris Rt =y Vktershed Planning A;]ency”, herein called thea “A3ency” , l-h? Aggency is formed by this aqreet-nent pursuant to the I,rovIsions of Artic?c I, Chspt~r 5, Division 7, Title 1 ‘of the Governmr:t:t C’;>de of the State of California (Sections 6500 et seq.) relating :o the joint exercise of Dower:; common to pub1 ic agencies. The Aqency shall be. a pub1 ic eyt ity separate from -2- the parties herero. 2, Purpose.-; arld f~~unc?ions. The purposes and functions of the ~ - -..--- -- Agency shall include the following: (a) ./Adoption and I.Jpdatit ‘g of Plart . To adopt a Water e-p.- --- OualIty Management Plato for the Santa Margarita and San Luis Rcy Watersheds and to continually review, update and, when appropriate to modify such plan.‘ (k’) Review of Activities for Conformance to Plan. To --e-m- --~- review plan 5 and proposals of local public and private entities within the 5a??a Margn,eita a.~~ 5n:r1 tL~ti3 ?ey Watersheds . . relative to (.:onf’ormancC? thereof’ with such Water CY’uality /V,at-Iagen?er;t Plan, and to cooperate thereby with all aopro- priate regulatory agencies. (c? Re:-?recentation . To provide collective representation --- of n?embizr ager ~31cS i17 connection with State end I--edera water yual ity and related :,latxinc; and policy ma?tcrs within ‘;he . Sxtla k’,lrc,arita arid ‘;arl Laui.5 Rely Wal.erc;heds, and to parti- cinat-e ir? related dcIibercations of, and cc.opcrnf.e with, regional ‘land t.ist.7 3lannirq aqet-?cl!2z, coastal c:or-r-In~~is~~ic)n~, and c.ounty planning prorjrat’l7s; [.,rovided t-~wever, that this fieore:,entatior’l shall not imlpair or t-e,-;lric;t the right of any rreru!!x~r qency to rC:prt:5;cnt itc:e\t- in such mattk?rs or to partic:lpatc directly in c.j;Cdc:h de1 itJerat ions. -3-. - (cl) ltifot-n-mticm Cenkr. To acquire and maintain records -.- -------- ” of water quantity and quality within the Sarta Margarita and . Sari l-uis Rev ‘WaterShE‘ds. _ (e) Central Sevvices. To provide central services f-o;- ---.- member agencies in order that efficiencies and eco!lotnies t-ray be achieved io tl-E ~_~se of personnel and equipment on common projects wir;hit-i i-hi-! Santa Margarita and San L.cris Rey Watcrs&ds. (f) Facilities Acqdi.c;ition and Opc?ration 0:’ Regional and IL--- L-,-.-.---.- Local Water Quality Im[>rovement .S;ystem3. To afford the ----- -- n~eans lo c?cqclire, cons?r:.lct. and operate necessary facilitit3s and systems for the pcJr;:lose.s of water quality ic-rprovement wit:hin ‘tihc Santa P.Aar9arit.a and San Luis Rey Watersheds. (3) San Luis Rey Flood Controi Activity. 1-o provide the _---_.- - institutional fr?.mewo:-k for Stl.idy and copstr:Slc.Cic~17 of necessary flood control or draitugt” facilities, within San L-uis Rey River Watershed cmly . 3 , Pow e I‘s . Thr: Agency shall have the power, in its own ----- . 7an 16’ , to do any and ~11 of thtt !-ol\owing: (a) ‘To cxc:rcise jointtv the comrr,on power.:; or its rnerr:tJ,cars In studyi I !cl _ I r>lnnr:ing and otherwise prol-ecting and preserving the .c;~-lriacc~ a:14 subsclrfnce water resoilrces of the Santa Marc)arita and San L:clis :Rey Fiiv2r Waterzheds; _ -4- f. (b) 7-o make and enter contracts; (cJ To employ agents and employees; (d) To zicquire, construct, manage, mainta:n and or>erate buildings, works or irnprotiernents; (e) To acquire, hold and dispose of property: CO To incur debts, liabilit-ies or obligations; (g) To ;>ue and be sl!cd in its own name; (h) Solely within San Lois Rey River Watershed, to conduct studies and to construct works to control and conserve storm, flood and drainage waters: provided that no physical works for flood control or drai!Tage Dclrposes shall be constructed or maintdined except p;trsuant to an approved project budget. No grant of power s herein shall be deemed to impair or restrict in any manner the exercise of an y such powers by ‘any member agency in its own right, or to constitute a delegatiofi or assignment of any property or other right of any such member. Neither the Agency nor & majority of thcl members shall have the power or a:&hority to impose any duty or obl iqation upon, or compel specific actions by any member in conformance wit-h any plan which the Agency may adopt. The powers herein enumerated shall be exercised, to the extent not herein speci- fically provided for, in the manrer and according to the methods provided under t:he Municipal Water District Law. -5- B. &‘.t~MBEKSt-iIP PROVISIONS 4. Member*sriirr,. The r?-&mt:cf-s of’ the Agency shali be each -- public agency which has executed i:his agreement-. Additional qualified merrbers may be added from time tn time, subject to rlrior affirmative vote of a mnjorit, \I of’ ?he voting po\zler of t.he Agency. 5. I~o0:7--lnc;7:bter Far:icipants. It is expressly contemplated --- . that affected agencies of the C!nit.ed States Go&?rnment., the St.ate of California or the Indian Hands w!?ich arc. not then members will ‘be welcome to take par: in deliberations oi the 4gency as nonvotring parti- cipants. . . 6. Withdra,waI of A!ern!:8?rship. Any men-her of t-he Agency _l_--_-- _.--_-- shall have the right to wi”chdraw i:s membership upo!-l servit?g written rIotice 0: 1:7t:entiut.i tl-iereot‘ cm 2.i 1 oi.%r rnk?ru\bers on or Seflore J:Jne 1 of. any year, ef:l%c.ti~~e CR-I Jut>* I f~jl~~ing, ;;rovided, hovdever, that no w ithdruwal s!-?;?il C?i ievc ti-!1’? - gJi thdrawlng publie agent)/ from finarr- ciat obl ~~-~r;..ti .j f~f-~:i &f-~~:ry:toi’cjrc ir- ~:~r+cf !:)y it. t\c:rf:ur,der, nor 5hai1 witlx?r-a*h~;3.1 di:pri ‘JC sl.rsh !‘orvdL r’ l-:lqrv~,i:jj;3!- ot’ tt’~‘f r~ql;X. t-o c-:c;ntitllvre .: - participZiki4:):7 c’1i-j ;i pr’ojctct: b~3c7.Y.d 37.1; tij a.rv/ C:rm:,.< . ’ 5 c.t: f‘op vs+ ‘1 i (:I-, i t i 5; financiaily obL!q~1-i:d, , c: . c.;0MM1_c,‘~101\~ 7. CoiTit-r:i ssiorl . Tht7 qcbvernitq Ijody of’ the Agency :;hnll be ------ known as the “i.l~~~!~~i~;~ion” o!‘ t-he Agc:nc..y. l’hr powers and F~unctions of the Agency ~it~?ll be exerci:jEd by and through tl-tr Con~mis~;ion. -&. 8. Designat-iota of C:ommissioners. Each member agency shall ------ - __I.- -------- designate and apooi r:t , by resolution of its governing body, one Commis- sioner and one or more alt.ern&e Commissioners on t:hc .Commission. Each Commissioner sha!l hold off’lcc? at the pleasure of the governing body of the apnointirac; entity. 9. Meetings. The Commission shall meet at least quarterly at such time as it ma>’ from tirnt. to t:ime establish by resolution duly adopted. Special meetings may be called ai: the request of’ t;he chairman or of any two members of the Commission. Notice of all meetings shall be mailed or delivered at least five days prior to the time . . appointed for the n>eeting. All meetings of the Commission shall be open to the public and shall be called, noticed, held and conducted in accordance with t h+< provisions of the Ralph w. Brown Act, beillg Se.ctioris 54O50, 13 -;eq. of the Government Code. IO. Qm t-u t-7 . A majorit.!/ of the Commissioners shall constitute ----_-._- a quorum for purp~~:+25 of tran53c:tion of business. 11. Vat-in:j, --..----IL. In the nortrIal course of’ ksiness, each member of the Commission shall have one votr; pt-ovidpd, however, that at any time on the demat-!d of any Comru;i-;sioner voting; shall L.! on a weighted basis with each CI’ornmissioner <ant-itled to one vote 0: eai’:h $1 ,000, or portion thereof, of the allocated 7jcnc5ral bird;jel expenses for the current fiscal year. -7- 0. COMh~I-I7-EEs 12. Standinfr; Zomniittees. The Commission shall be subdivided . -d-------..--- into two standing commitlees for Durcsoses of carryin out functions in matters specifically related to a particular watershed. There shall be a Santa Margarita CXvru-vittee composed of Commissioners representing mettibers who.se corporclte boundaries or local watkr supply or disposal facilities are situate within -the Santa Margarita River Watershed, and a corresponding San Luis Rey Committee for Commissioners repre- senting members sirnilnrly situate in tI)c San Luis Rey River Watershed. Decisions and actions that do not rela.te to the Water: Quality Management Plan or its implerncntation and that a.ffect only one of the two watersheds shall normally be the province of the respective standing committee. In normal course ; *standing con?rnittee actions shall, if necessary, be confirmed by the Commission; ~ qrovidcd, that the Commission shall have the final jurisdictiorl to determine when a given action or decision affects or involves the Water Quality N\ana&ment Plan. 13. A,?eti:ti nrl5 . Each !Ytanding Committee shall meet at least -A^-- \ quarterly at sl.jc:t-! time ~4:; it I:- ;I;, fro!-)> time to time establish by reso- l&ion duly adr;~l~(;:c!. ~~+3c-;(.*ial rl-,rt Atit?qs ma\/ be called at the request of ’ the chairman or ot ;,I-ly two n-embers of the Committee. Notice of all meetings shall !x: r?-,:siled or ~it~livcrcd at least five (5) days prior to ’ the time appoir~:i’i’l I‘!.:r 11~~ rrt:t?t 11-12. ’ All :nec?ti?r)s of the Committees shall be ctjw.r~ ti.) thk> rif..ii.~l ic a!-.tc! :91.?11 he caIIed, noticed, held and conducted in accordance with the provisions of’ the Ralph MI. Brown Act, being Sections 54350, et seq. of the Government Code, 14. _G)c~orcJn-~ . A majority of each Committee shall constitute 5 quorum for ptrrpOses 0 f t.ra.nsaction of business of such committee. 15. Voting. In the normal course of business, each member of each such Standit-iy C;ommiti;?e :-;hall have one vote: provided, however*, that at any time on the demand of any member voting shall be on a weighted basis with each cornmitt-ee member entitled to one vote of each $1,000, or portion thereof, of the allocated general budget expenses for the current fiscal year. E. PROJECT BOARDS 16. Project Boards. To the extent that, after prior approval - by the Commission, any specific project or proposed project is under- taken which affects less than all of the members of the Agency, the Commissioners representing each of the members who w.ill be involved in financing or operation of said project area shal1 be and constitute a project board of the Commission for purposes of administration and implementation of such project. All budget and o’perating decisions, not inconsistent with the Water Quality M,anagement Plan, relating to such prqject shall be l-he sole province? of the project board. 17. fv?eet.ings, Quorum, Voting. --‘- The provisions for meetings, organization, quorum, voting and other control of the activities shall be as estab\ish(?d it> the resolution of the Agency’creating such board and approving ~r;uch project. r=. OFFICERS 18. Officers. There &:~aIl be elec:ed from the mcnybership of --- the Commission a. chairman and vice ci-,airman. It. shall also select a secretary, who need not- be a n-ember of the Commission. The treasurer of the Cii-y of Oceanside shall he Che treasurer of VIC Agency, to be the depository and have custody of all monies of the Aqency from whatever source, and to perform all functions specified in Section . 6505.5 of the Government Code. The Conmission shall -also select a controller, who shall be from the same public agency as the treasurer, . . and who shall draw al! warrants and pay all demands aaqainst the Agency as approved by the Commission. The public office or officers or persons who are in charge of, handle, or have access l-.0 any property to the Agency shall file an official bond in an amount to be fixed by the Commission. In addition, the Gommission shall have the power to appoint such nddiLto:-Ial officers utd inooint such additional employees and assistants as may bc n,op~-opr-lc -~t.e wit hit-t approved budgets . Each and all of said offic~~rs sf;a!i tlolci ni’lSicc:% f’or H perisd of one year from the first meeting ot the C:o~r~~.i~ion it! each year. Each such additional appointee or employee of the Cot-nrnission shall serve at t& pleasure of the Commission and shall pcrforrn such duties and hnve such powers as the Commissiot-? may determine. - I o- 19. Management . - II.-. Ti?e Cornmissiotj may appoint: a manager - an-d authorise t;he employment of s;.-tch persor-?t~cl as may seem appro- priate. Any project board rnay ap:x~int a manager and arthorize the employment of such personnel a5 may seem appropriate, but may elect to use the- Agency’s manaqerr-lent: per~onhel with the consent of . . the Commlsslot-1. G. BUDGET PROCEDURES 20. Formtilat-ion and Aclor~t’ion of Ger?eraI Budget. Annually at --- the April meeting of the Commission, a gene-ral budget shall be adopted for t.he ensuing fiscal year. The b(rdget shall be prepared in sufficient detail to constitute an operating c~~tline for contributions to be made by members and expenditures durin g the ensuing year for those adminis- trat ive , study’and work projects of general benefit to all metnbers of the Agency. Said Budget shall IX? adopted and allocated for assessmer,t by a majority of the voting power of the CornmiSsioners in attendance, subject to the approval of’ the members of the Agency. 21. Project Budqets a:~:1 Commitments. The budget or other U---.---I --l._-.--__-_~__ commitment of fctndc; For the i;tudy, implernentat.ion, or construction . of any specific prz.ji:ct oP.works to be constructed by the Agency shall be adopted by the project board of 1:he Comm:ssion concerned with t-he specific project. Said project budget or commitment must be approved by the 1.tnanimo:i.q i:,onsent of t:he Project Board and may cover a fixed period of time or be of indcfinit-e duration as therein specified. _ -II- 22. Project Buciqets and Commitr~~er~i:t; - A:~proval . Each .*A-------e-e -- project budget or cornrnitment mu& be approved by, and shall be deemed . ’ operative only upon expr-cc; S Eit3F~rGVd by E?aC.h Gf the t’WZ.tTtXt~S part:iCi- ‘patitq in the project budget, a.5 evidenced by c~ certified copy ofr a resolution of its governing board. 23. Expendikres LVithi:-1 Approved Fludqet.s . All expenditures within the designations and lirniktions of a.pproved general or special project budgets ~~i;ali be made on the authorization of a rrajority of the Commission or the project board which is supervising suc.h expenditure. No expenditures in CXC~SS of those bc!dgeted shall be made without the unanimous consent and approval c~f all members pat-tici,pating in the respective revised or amended budget which may from time to time be . submitted. N . ASSESSMENT 24. Proct‘~&rc . GenerF;l 3udge ts shall be allocated and assessed -----.-- as thereir set forth. Each pro.jf?~:t budcjet shall contain a schedule of assessments to individl;al pnrtici~~atinq metnber~ of the Agency, and said assessment:; in an agyregate ~!;a1 1 bc in a!3 &;oirnt sufficient to provide for all exp~znditurc~s bud..Je.t:ed. Approvai of an\y gcn.errcll budget or project budget by a member .shc\il c-onctit-ulre nqrc:cme:~t: by such membc?r to pay said nc_;.SeSsmfZnt, condiLioned otliy on the approval thereof by all otkr r-ncmbers to whom ast;cssrncnt:s were allocated. 25. ~~~rnent. --- Bdgeted asse33mnt--&sS or uroporLiona1 shares thereof, shall. be due and payable t.hirty (30) days after receipt of billing therefore From the Agency. I. ACCOIJNT’IN<; AND A!~lDI-1-S . 26. Fiscal Year. The ,fiscal year of tlir Agency shall be from -- July 1 to June 30, folloS”ling. 27. Accounting PiY3cEC!ureS. Full books and accounts’ shall be -.-.-----..e-.z-- - maintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public entities. In particular, its controlle~r and treasurer shall compl:y strictly with the requirements of the statute governing joint: powers agencies, Chapter 5, Division 7, Title 1 of the Government Code, commencing with Section 6500. 28. Audit. The records and accounts of the Agency shall be audited annually by an independe!-I?: certified public accountant and copies of such a.udit report si>all be filed with the Cocmty Auditor, the State Controller and c3ch mcmbc~r of that Agency on or before August- 15 of each year. . J . PROPERTY RIGHT’S 29. Alloc:ation on E3ook.s. To the extent that any funds received - from any member agency are used for the acquisition or construction of assets, the same shall bc allocated annually on the books of the Agency to the credit of said contributlnq member. -13- 30; Distribution on Termination of A<~ency. \Jpon termination --------)- -. or dissclution of the Agency herein created, the assets in possession of the Agency at such time shall be distributed. in kind or sold and the proceeds t1;ercof distributed to the memi- . zers of the Agency ;~t the Cime OF termination as their inter~?.sts appear on the books OT the Agency. 31 . Liabilities. Such enForceab1e liabilities as may have been - incurred by the Agency during the course of its existence shall. be discharged at the end of the tern: hereof by equal contribution made by each of the parties hereto; provided, that the liabilities arising from operations under any project budget shall be the sole responsibility of the members participatir-;g therein. Except as provided hereinabove, the debts, liabil.ities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone, and not of the parties to this Agreement.1 I< . RESCISSION, TERMINATION OR AMENDMENT 32. Term. The I__. P,ge:-icy shall continue until this Agreement is resc:inded or terminated as herein provide. 33. Amendment. This &gt-eement may be amended by - -. . affirmative vote of’ two-third?; of the members of the Agency, provided that any amendment adopted by less than unanimous consent of the parties hereto shall not be effective until any member dissntisficd there- with has had reasonable opporttinity to withdrawfrorn thr+ Agency. -14- -- 34. Rescission or Tct-rri!??lt.ion. This Agreement may be --- rescinded and the Agency terminated by written consent of aI1 .members at stich time, provided that adequate provisiori has ken made to p,rotcct bondholders on any outstanding bonck. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of tfx? day and date hereinafter indicated. Date : BY , . - -... .- - . .a . . FALLBROOK SANITARY DISTRICT . . BY . . EASTERN MClNTCIPAL WATER DJSTRICT METROPOLITAN WATER D1STRIC-r Of= SOUTHERN CALIFORNIA BY ..- BY MOOT-A/‘&J Mt.~NIClPAl- WA7-ER CITY OF ESCONDIDO DI.STRJC‘l- BY BY BY - - 15-- CITY OF OCEANSTCE~ BY -- -_- ’ Bv PAUMA MUIJICZI'AL WATER DISTRICT BY - BY RANCH0 CALIFORNIA WATER DISTRLCT Bv RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY -_IT- ---I__- Sk!1 LUIS REY KJNICIPAL WATER DISTRICT BY RAINBOtJ NUNICIPAL WATER DISTRICT BY VALLEY CENTER MUNICIPAL WATER DISTRICT BY- -- VISTA'IRRIGATION DISTRICT BY WESTERN MUNICIPAL WATER D3'STRICT “Y- DELUZ HEIGHTS MUNICIPAL WATER DISTRICT 1 2 3 . 4 5 6 7 a 9 10 11 12 13 14 15 c 16 17 la 19 20 21 22 23 24 25 26 27 28 blHEREAS, the City Council of the City of Carlsbad has determined it is necessary and in the ptiblic interest to enter- into a Jo-int Exercise of Posters Agreement as a member of the Santa Margarita-San Luis Rey hlatershed 1 I Planning Agency; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of -Carlsbad, California as follbws: 1. That the above recitations are true and correct. I 2. That the Joint Powers Agreement attached hereto is approved. PASSED, APPROVED AND ADOPTED at 'a regular meeting of the Carlshad City Council held on the 7th day of Auqust , 1979, I by the following vote, to wit: '. AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None I . ” aed/ RONALD C. PACYWRD, Mayor I . ATTEST: ALETHA L. (SEAL)