HomeMy WebLinkAbout1977-07-05; City Council; 5128; San Diego Region Water Reclamation Agencyf 0 > C,ITY OF CARLSBAD I) ,-a
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AGENDA BILL NO. x/gp ' Initial:
Dept . Hd .
DATE : July 5, 1977 C. Atty.L
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DEPARTMENT: Pub1 ic Works Department C. Mgr. -
Sub j ect : SAN DIEGO REGION WATER RECLAMATION AGENCY
Staternat of the Matter
The County of San Diego, in cooperation with a number of agencies includin! the City of Carlsbad, has outlined a program to establish a Regional Mater Reclamation Agency, the purpose of which is to develop cost-effective tech- niques of reclaiming wastewater with particular emphasis on low energy pro- cesses. The attached Joint Powers Agreement would provide for our initial membership in this agency. Primary sources of financing for the study pro- jects will be State and Federal grants.' It will be necessary for Council to approve the Joint Powers Agreement and authorize the Mayor to sign on behalf of the City and to appropriate $3,500 for the initial year's member. ship in this organization.
Exhibits
1. Staff report 2. County letter dated April 6, 1977 3.
4.
Recommendati on
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Proposed Joint Powers Agreement Creating San Diego Region Water Reclamation Agency Resolution No. 5/37 approving agr-eement
That City Council approve Resolution No. 6/39 approving Joint Powers Agreement Creating San Diego Region Water Reclamatisn Agency and autho izing Mayor to sign same. That City Council authorize $3,500 to be transferred from reserves to Pub1 ic Works Professional Services Account. That City Council appoint one of its members to the Board of Directors
of the San Diego Region Water Reclamation Agency and that the Public Works Administrator, or his designated representative, represent Carls on the Management Committee of the San Diego Region Water Reclamation Agency.
Counci"1 action
7-6-77 Resolution #5139 was adopted, approving Joint Powers Agree
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creating San Diego Region Water Reclamation Agency. Authorization was given for $3,500 to be transferred from to Public Works Professional Services Account. Councilman Skotnicki was appointed as the Council member t Board of Directors , Councilman Packard as a1 ternate mem and the Public Works Administrator or designated repres was appointed to the Management Committee.
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IS MEMORANDUM
TO: City Manager
FROM: Pub1 ic Works Administrator
DATE: May 27, 1977
SUBJECT:
County Board of Supervisors has authorized staff from the Department of
Sanitation and Flood Control to coordinate with other agencies in the County and to staff, as necessary, the preliminary efforts to establish a water reclamation agency. The purpose of the agency is to study meth- ods and technology of water reclamation, water management and reuse; to establish one or more centers to conduct studies; to experiment, test and apply, in an operational setting, advanced techniques for reclamation and reuse of water with particular emphasis on low energy technology; and to develop water reclamation plans and programs which may be adopted by
the parties for use and application in their respective agencies.
County staff has provided, coordinated and held several meetings with staffs, primarily from sewage agencies, in the County to work out terms and agreements for the formation of a joint powers authority to conduct the business of the proposed reclamation agency. Local staff efforts have gone into the project to date, particularly those of the Encina General Manager. The resultant proposed Joint Powers Agreement is in- cluded in the package of information being transmitted for Council re- view.
With the nearly unanimous support of all involved agencies' staffs, this program is being presented for adoption by respective parties. To date it has been adopted by several agencies including the City and County of San Diego and, therefore, the program will be implemented. This is the
kind of project that the Encina joint agencies and the City of Carlsbad stand to gain great benefit from, particularly in the reclamation of wastewaters which can be used as a supplemental source to our present dwindling supply of potable water. Staff highly recommends that City Council approve the Joint Powers Agreement and allocate $3,500 from re- serves to finance our initial membership in the agenc,y.
San Diego Region Water Reclamation Agency
ELL Ronald A. Beckman, AiL P.E.
Public Works Administrator
RAB: veb
Attachments
CB!d;%MUN6TY SERVICES AG
tt5btltTOL (0380) C. J. HOUSOW 0 ir ect or c~x QF ~~~~~~~~~ County Operations Center, 5555 ‘!a d yenu ie o Cali ornia 92123 . . . . . Telephone. 565-5 Engi nz?rrng * 8ipagtmnt
April 6, 1977 REF: 2051 17,’,, ~
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TO : Managers, All Cities si Sewering Agencies
FROM : Director of Sanitation and Flood Control (0380)
SUBJECT: San Diego Region Water Reclamation Agency
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On 9 November 1976 the Board of Supervisors directed the Department of
Sanitation and Flood Control, in cooperation with other governmental
agencies, to attempt to establish a Wastewater Reclamation Study Center
at the Santee water reclamation facilities.
All of the cities and Special Districts that,are responsible €or the
transportation, and/or treatment, disposal, and reclamation of wastewster
were contacted to determine if they were interested in joint participation
in a water reclamation study center.
thusiasum by most of the agencies. On 27 January 1977 representatives
from 22 agencies met to discuss the concept and the best vehicle to imple-
ment it.
It was the consensus of the representatives at the meeting that a joint
powers agency provided the best vehicle to implement joint participation
in the study center.
develop a joint powers agreement for the establishment of a “San Diego
Region Water Reclamation Agency. ”
The object of the agreement is to exercise the powers in coImon for the
following purposes: (1) to jolntly study the methods and technology of
water reclamation, water management and the reuse of waste water;
establish one or more centers for the conduct of such studies;
periment, test and apply in ail operational setting advanced techniques
€or the reclamation and reuse of waters; and (4) to develop water recla-
mation plans and prograrns thar may be adopted by the parties for use and
application within their respective jurisdictions.
The joint powers agreement deveioped by the ad-hoc committee was submitte
to the interested agencies and another meeting was held on 16 March 1977.
The attached joint powers agreenent reflects the comments received at the
meeting and other comments received in writing and by phone.
The concept was received with en-
Accordingly, an ad-hoc committee was formed to
(2) to
(3) to ex-
t .3) 0 Managers
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April 6, 1977
- UC 'All Cities 6 Se ng Agencies
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The agreement provides for an annual recommitment or refusal by each party
and a relatively small assessment against each party for the administration
05 the agency. It is the intent that the major financing of projects and
studies will be funded from grants or contributions.
It is requested that the attached joint powers agreement be submitted to
your governing board for action. If your governing board is in favor of
participating, it is requested that a resolution be adopted authorizing
the appropriate person to execute the agreement on the Board's behalf.
If your governing board does not favor participating, please notify Bert
Elkins at 565-5338.
Bert Elkins of this office and Ed Houser, Manager of the Padre Dam Muni-
cipal Water District will be happy to discuss this proposal with you and b<
present at your governing board's meeting if you request.
Attachment
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- RESOLUTION NO. 5139
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
A JOINT POWERS AGREEMENT TO ESTABLISH THE
SAN DIEGO REGION WATER EECLAMATION AGENCY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEPENT.
The City Council of the City of Carlsbad, California, doc
hereby resolve as follows:
1. That that certain joint powers agreement to establisl
the San Diego Region Water Reclamation Agency, a copy of whil
attached hereto marked Exhibit "A" and made a part hereof, i
hereby approved.
2. That the Mayor of the City of Carlsbad is hereby aut
and directed to execute said agreement for and on behalf of
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go:; 1 City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
wo $& 86 16
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WZNQ: v a- m
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City Council of the City of Carlsbad, California, held on th
5th day of July , 1977 by the following vote, to wit:
AYES : Counci'lmen Frazee, Lewis, Packard, Skotnickj a
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0 Councilwoman Casler I NOES : None 1 ABSENT: None I
ATTEST :
(SEAL)
EXHIBIT A to .. e 0 Resolution No. - 2
3/30/ 7 7
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JOINT POWERS AGREELPNT CREATING
SAN DIEGO REGIOX WATER
RECTAMATION AGENCY
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TABEI: OF COi:'J'E.:N'I'S
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RECITALS
AG REE !*G NT
ARTICLE I : CREATION, Pmxris N4D PURPOSES
Section 1. Agency Crcntcd
Section 2. Comiion Powers And Purposes of
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Agr cere n t
2.1 Common Powers
2.2 Purposes of Aqreement
2.3 General Poxers
ARTICLE 11: HEMBERSIITP IN AGENCY
Section 3. Members?lip
Section 4. Withdrawal Of Plcmbership
Section 5. Non-I4a-,1'L>er Participants
ARTICLE In: BOARD OF DIRECTOI~S AND OFFICERS
Section 6. Board of Directors
Section 7. Designation Of Directors
Section 8. Principal Office
Section 9. Meetings Of Board
Section 10. Quorum Of Board
Section 11. Voting Of Board
Section 12, Officers
12.1 Chairperson
12.2 Vice Chairperson
12.3 Sccrctzry
12.4 Treasurer
12 * 5 Auditor
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Section 13. Official. Bonds 10
ARTICLE IV : MANAGi=?.IEi4'j' C(;:.~I.iITTRI;: 10
Sactior: 15. Fianagc:nc.r;t Conni-ttec 10
Section 16. Purpose Of Managcxe~t Cormittee 10
Section 17. Meetings Of Conmi'itee 11
Section 18. Quorum Of Committee 11
Section 19. Voting OC Conmittce 11
Section 20. Officers Of Committee 11
ARTICLE V: BUDGETS AYD ASSZSSMENTS 12
Section 21. General Budget 12
Section 22. Project Budgets 12
Section 23, Failure Of Approval Of Budget 13
(a) General Budget 13
(b) Project Budget 13
Section 24. Expenditures For Approve6 Budget 14
Section 25. Payment Of &-mounts Due 14
Section 26. Reimbursement Of Fu~ds 14
Secticn 27. Assessinent Procedure 15
Section 28. First Assessment l!
Section 29 .) Accounting Procedures I(
Section 30- Fiscal Year 1'
ARTICLE VI : PROPERTY RIGII'I.'S 1'
Section 31. Allocation On Books 1
Of Agency 1 Section 32. Distribution On Terxination
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TABLE OF C0:u’”i‘T::;‘i S (cant i ~-~LIF:L -1
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Section 3. Liabiliti (3s 1‘
ARTICLE VII: TCRX, AMCLdDs;L.:I:T AND RESCISSION 11
Section 34. Term 1:
Section 35- Amendment 11
Section 36. Rescissi.011 Or Termination 1
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JOIi'2T Po:ICi'<s ~~~~<~;i<~-~j$~<~~ CI?.Ejl'rII..IG
SAX D1ZZ.O I?J:GTO:: WA1'CR
PSC L72 YI.? I a:\: AG r: N CY
' This agreemcnt is madc and entered into by and between
the parties signatory hereto, and is effective July 1, 1977.
RECITALS :
A. The parties to this agreement are public agencies
authorized and cinpowered to contract for the joint exercise
of powers under Article 1, Chapter 5, Division 7,-li'itle 1
(commencing with Section 6500) of the Government Code of the
State of California (hereinafter referred to in this agreemeill
as "the Act").
B. There is a need to conduct studies of means of
water reclaiiation and to establish a coordinated water
reclamation study center to zdvance the technology of water
reclamation, water management and the reuse of waste water
for the benefit of each of the parties hereto. The parties
can Sest accomplish that purpose in the manner set forth in
this agreement.
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~~G?l;E~i!3'L' : >x _--_c_
EOPI, 'l'IiE2EFOZEI for ciri.3 in cons idelrjtiorl of tile mutual
";e partics hereby promises snc?. covcnd.nts herein cc;I~taj.nc:d,
agxee as follo~s:
ARTICLE I : CRG.i.TIC?S, PO?XR,q -- .?X3 PURPOSES -
Section 1. Agency Crezt-cd. --- There is hereby created a
public entity to be known as thc "SAN DlEGO KEGION WATER
RECLAMATION AGENCY" (hereinaf Lcr referred to in this agreernenl
as the "Agency"). The Agency is formect by this agreement
pursuant to the provisions of the Est, and it shall be a
public entity separatn, ar?d apart from thc parties hereto.
Section 2. CoAmn?o~l PoTrers And Purposes Of Agl-ecment
2.1. Co;nmon Powers. Each party hereto has in common
the power to acquire, construct and operate facilities for
the collection, treatment and disposal of sewage and other
waste products including the rcclaxation of waste water,
have the power and authorization to make necessary and
incidental. studies and investigations, to contract for and
to own, lease, construct and operate works and facilities in
connection therewith-
and
2.2. Purposes -- Of Agreement. -- The object of this agreeme
is to exercise said po.iicrs for the following purposes:
to jointly study the rnethods and technology of water reclaina-t
water xznagcment and the reusc 02 waste water; (2) to establi
one or more centers for the conduct, of such studi.cs; (3)
experixwnt I test and apply in an operational setting
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to
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ac’,vanced tc:clin-iqucs for thc rc>c1nnctti on and reuse of water;
and (4) to develop water rc:cl<:I:?atj on p’i.c?ns and programs
that may be adoptcct by the parties lic:iretr:, €or USC and appli-
cation within their respective jurisclic tions .
2.3 I General Powers. The Agency shall have the powcrs
corrmon to the parkies set forth in Sccti.cn 2.1 hereof as
limited by this agrcement.
in its own name to do all acts necessary,
appropriate for the exercise o€ said co~mori power including
any or all of the following:
The Agency is hereby authorized
convenient OK
(a)
members set forth above;
(b) to make and enter into contracts, j-ncluding
agreements with one or more of the parties hereto and
with other public agencies;
(c)
(d) to contract for the services of engimers, attorn€
financial consultznts and such sther persorrs as it
deems necessary;
(e) to acquire, constructr manage, maintain and opera-
any buildings, works or improvements :
(f) to acquire, hold and dispose of property;
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(h)
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federal, statc or local program far zssistance ir?
carrying out the purposcs of this agrecmcnt ;
to exercise jointly the conmon powers of its
to employ aqents and employees;
to incur debts, liabilities or oblicjati oils;
to sue and be sued j.n its own name;
to apply ~OK appropriate grant or grznts under an
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- e 0 (j) to receive gifts, contributions an6 donations 02
property, funds, services and other forms of assistance
from any person, firm, corporation or governmental
entity p provided that any such gifts, contributions or
donations are consented to by the Agency.
(k) to invest money of the Agency in investments pcr-
mitted by law,
Such powers shall be exercised in the manner provided
in the Act, and, except as expressly set forth herein, shall
be subject to the restrictions on the manner of exercise
such powers as are imposed upon a municipal water district
in the exercise of similar powers.
ARTICLE 11: ME2IBERSHIP IM AGENCY
Section 3, Membership. The members of the Agency
shall be each pubLic agency which has executed or hereafter
shall execute this agreement, and any addenda, amendment or
supplement thereto, and which has not, pursuant to the
provisions hereof, withdrab- therefrom in the manner provibec
in this agreement. A public agency that has as its governin5
body the Board of Suprvisors of the County of San Diego
shall not be eligible'to become a separate member of the
Agency; however, the County of San Diego, acting on behalf
of itself and of said public agencies, may become a single
member of the Agency, in the manner provided in this section
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Section 4. Withdrawal Of Membership, Any member of
the Agency shall have the right to withdraw its membership
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unon serving written notice of intcrttio2 thereof on all
other rr,c~?~nhcrs on or bcforc 1Via17 1 of any year,, erfcctive 01-1
July I following I provided r 1iuv:cver r that no withdrawal
shall relieve the withdrawing public agency from financial
obligations theretofore incurred by it hereunder, nor shall
withdrawal deprive such former member of any right to continue
participation, to the extent feasible, as to any project for
which it is financially obligated.
Section 5. Non-Flcmber Participants. - The Board o€
Directors may provide for the parttcipation of other affected
agencies as nou-voting participants on such terms and
conc-litions as it may establish.
ARTICLE 111: BOARD OF DIRZCTOIIS AND - OFFICERS
Section 6. Board Of Directors. The governing body of
the Agency shall be known as the ''Bc?r:'i of Direz5ors c;E the
San Diego Region Water Reclamation Agency, "
referred to in t;3Ls zgreernent as "the board"). The powers
and functions of the Agency shall be orcrcised Sy and throug?
the board, and all voting powers shall reside in the board.
(hereinafter
Section 7. Designation Of Directors. Each member of
the Agency shall designate and appoint, by resolution of its
governing body, one person to serve on the board, and said
person shall be an elected official of the member of the
Agency. Each inember of the Agency shall also dcsignate and
appoint, by resolution of its governing body, one alternate
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iI i rcictor .i;.Iic? shall- bc an elect^^^ offic i a1 of thc nrernber of
the Agcr,cy and who nay assuiw 211 rj-cJii';s and duties of the
director appoir.trd by the ncnb~r of the Acjcncy when said
director is absent, Each director and alternate shall hold
office at the pleasure of the governicy body of the appointin?
member, and may be removed at any tine, with or withoat
cause, in the sole discretion of said member's governing
body.
Section 8. Principzl Office. The principal office 05
the Agency shall be established by resolution of the board
in the County of San Diego, The board may change by resolutic
said princi-pal office fron one location to another in the
County of San Dieyo.
Section 9. Xeetings Of Board. The board shall meet at
least semi-annually at silch times 2s it ma:,7 C.etE:=r=ine. TIE
date, hour and place of holding of regular meetings shall bc
fixed by resolutlo;> OF the hoard.
board, including regulzr, ac?joi?r_?eci zecplzx zi6 s2ecial
meetings, shall be called, noticed, held and conducted in
accordance with the provisions of the Ralph IC. Brown Act
(cortxixencing with Section 54350 of the Government Code).
All meetings of the
Section 10. Quorum 05 Eonrd. A majority of the directc
shall constitute a cporum €or the transaction of business.
Section 11. Voting Of Board. Each director shall have
one vote, and the vote of a majority of the directors prcscnt
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+ at any meeting attended by a quorum shall be necessary to
determine any notion, proposition or resolution presented.
A director shall not be disqualified from participating in a
decision or voting upon a contract, lease or other transactic
with the member af the Agency which appointed him to the boai
Section 12, Officers.
12.1. Chairperson. The 'board shall elect one of its
members as Chairperson, The Chairperson's term of office
shall be one year or until a successor qualifies and takes
office, The Chairperson of the board shall preside at its
meetings and shall perform such other duties as are specifie
by the board, The Chairperson may be removed at any time an
without cause by a majority of the total membership of the k
12.2, Vice Chairperson. The board shall elect one of
its mernbers as Vice Chairperson. The Vice Chairperson's ter
of office shall be one year cr until a sl?r,cess~~ qualifies
and takes office,. The Vice Chairperson shall perfom all
the duties GI the Ch3lrperson in the absence of the Chairp5
or in the'event (335 the Chairperson's inability to perform st
duties. The Vice Chairperson may be removed at any time anc
without cause by a majority of the total membership of the 1
12.3, Secretary. The Secretary of the Agency shall hi
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appointed by the board and shall serve at the pleasure of
the board. The Secretary shall not be a manber of the
board. The secretary shall be responsible for the minutes
and other records of the proceedings of the board and shall
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pcrform such other duties RS arc: spceificd by the board.
12.4. Treasurer. - .--.__ __ The ?\TCC~.SUTCL^ of tf;c Agency shall be
the ‘i’rcasurer of PaGre Dzm Mun’cFpal F.!;ltcr District serving
cx officio as Treasurer of the 7,qzficy. ‘.PIC Treasurer shall
have custody of all oE the money and furids of the Agency,
from whatever SOUJ~C~ , and shall:
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(a) receive and receipt for all money of the Agency
and place it in the Padre Dam Municipal Water District
treasury to the credit of the Agency;
(b) be responsible upon his or her official bond for
the safekeeping and disbursement of all. Agency moneys
so held;
(c) pay any sums due fron the Agency from Agency
money, or any portion thereof, upon warrants of the
Auditor of the Agency;
(d) verify and report in writing on the first day of
July, October, Jazuary and April of each year to the
Agency and to each member of the Agency the amount of
money he or sh.2 holds fer the ks;ency, ehe amount of
receipts since his or her last report, and the amount
paid out since his or her last report; and
(e)
board or as may be required by law.
12.5. Auditor/Controllcr. -- The Auditor/Controller of tl
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perform such other duties as are specified by the
Agency shaJ.1 be the Auditor of Pcidre Dam Municipal Water
District serving ex officio as Auditor/Conkroller of the
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Agcnuy - Thc Audi t:or/Controllcr shall establish arid maintain
such accouni:~, books and records as may be required by good
account-iny practice and he or she ~1~11 perform such other
duties as arc? specified by thc board. There shall be strict
accountability of all funds and reports of all receipts
disbursed. The accounts, books and records of the Agency
shall be opened to inspectior, at all reasonable tines by
.representatives of any rnember of the Agency and by members
of the public e The Auditor/Controller shall draw warrants
to pay demands against the Agency in accordance with pro-
cedures approved by the board. Said warrants shall be
signed by such officers or members of the board as the board
may designate. The Auditor/Controller, with thc approval of
the board, shall cantract with a certified pub.2.i~ accountant
or a public accountant to make an annual audit of the account
and records of the Agency. The raininturn requirements of the
audit shall be those Zrescribed by the State Controller for
special district:; under Sect'on 26303 of the Government Code
and shall conforrr, ~CI generally accepted accounting standards.
A report thereof shall be filed as public records with each
of the members of the Agency, with the County Auditor o€ the
County of San Diego and with any other county auditor of any
county in which any member of the Agency is located. Such
reports shall be filed within 12 months of the end of the
fiscal year under examination.
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Scctj on 13. Official 130ncis. ?'he public of'f-icprs
herein dcsj g~iat-cd as the persons responsj LJ e for any moneys
of the Agc~cy I to wit I the nuditor/CoriS~c.~.lcr and 'I'rC:tsurer,
are hereby also designated ab the persons responsible for
all other property of the Agency. The Auditor/Controller
shall file ar, official bond in the amount of $10,000, and
the Treasurer shall file an official bond in the amount of:
$10,080. Any officer designa'ied by the board to sign warrant.:
of the Agency shall file an official bond in the clncunt of
$10,000. All bond prerriiLrs shall be paid by the Agency.
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ARTICLE IV : MANAGEMENT COTT4ITTEE
Section 15. Management Cornmtttee. The Agency shall
have a Management Committee. Each member of the Agency
shall be entitled. to one representative on the committee.
Each member of the Agency shall be entitled to designate an6
appoint an alternate representative on the cornittee who may
assuns ail righks and duties of the representative appointed
by the rr'ernher of the Agency whey\ said re>rcs?ntative is
absent.
Section 16. Purpose Of Managcment Committee. The
purposz of the Management Comiittee shall bc to review
proposals, to advise and make recommendations to the board
and to perform such other functions as ~ay be determined by
the bczrd.
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Scct-ion 17 - Mcetinqs - Of Ccmni ___-I ttec. The Manageri:cnt
Co:ri:C;tLCC slt(l:Ll rnect at ].cast quarterly at such times as it
may dfterminc. The date, hour and place cf holdj.ng of
regulx rtee-tinys shall be fixed by resolution of the committee
All meetings of the coinnittee, including regular, adjourned
regular and special meetings, shall be called, noticed, held
and conducted in accordance with the provisions of the
Ralph 14. Brown Act (commencing with Section 54950 of the
Government Code).
Section 18. Quorum Of CoIaiiittee. A majority of the
rrtembers of the 1.lanagcment Committee shall constitute a
quorur-1 for the transaction of business.
Section 19. Votincj Of Coxmittee. Each member of the
Management Cornmi-ttee shall have one vote, and the vote of a
majority of the members of the committee present at any
meeting attended by a _quorum shall be necessary to determine
a notion, proposition or resolution presented.
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Sect;.on 2c7. Off Fz~rs C:f Committee - The Management.
Committee shall elect one of j.ts members as Chairperson, and
may elect one of its persons as Vice Chairperson. The
Secretmy or' the Agency shall be the Secretary of the Manageni
Committee, and shall be responsible for the minutes and
other records of the proceedings of the conlmittee.
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ARY'ICLC V : EUDrfKTS AXD TiSSESS!vIE?G'I'S - -_ __---
Section 21. General 33i;~lyet. __ ___ Annually, and no later
i3an February 1 of each year, the board shall adcpt a F;er;eral
budget for the ensuing fiscal year. The budget shall be
prepared in stlfficient detail to constitute an operating
outline of the funds needed and the expenditures to be made
during the ensuing year for those administrative, study and
work projects of general benefit to all members of the
Agency; however, the board may, in its discretion, transfer
funds and adjust expenditures during the year so long as the
total sum authorized to be expended is not exceezed, The
budget shall also set forth the contributions to be made by
each member of the Agency. The budget shall be adopted and
allocated for assessment by a majority of the voting por.rer
of the board in attendance, but shall be subject to the
approval of the members of the Agency as hereinafter provided
Section 22. Project Budgets. In addition to the
-. general budget, the hard me>- srepare one or =ore project
budgets at any time for the study, implementation or con-
struction of any specific project benefiting less than all
of the members of thc Agency. Upon approval by the bozrd of
a'project budget, including the contributions to be made by
each agency benefitted, it shall be submitted to each benefit
member that is to be obligated for the payment of any mount
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chc:rc~::idcr. ‘i’iic i’.ycncy shall not; incur any cxpcnsc. for thc
project ur.til thc project buiigct has been approved by each
of thc proposcd p2rticip2ting mcvbers. 7n the evcnt a
projcct is not approved, the cost of preparing the budget
shzll be divided among the proposed participating men?bers in
accordance with the proposed allocation of the total project
ccst .
Section 23. Failure Of Approval Of Budyet.
(a) General Budget. If, after 120 days from the first
submission of a general budget, it is Rot a-pproved by all
men\.bers of the Agency, the consenting members nay treat the
refusal of a member as a request for withdrawal from the
Agency- The consenting members may thereafter, upon giving
the nonconsenting membef 30 days prior written notice,
proceed with the adoption of a revised budget, and the
nonconsenting member shall not be obligated for future debts
of the Agency nor shall it receive any future benefits
therefrom.
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(b) -I_ Project Budgct. If, after 120 days from the first
submission of a project badget, it is not approved by all of
the proposed participating members, the consenting members
may treat the refusal of a member as a request for withdracisl
froin or nonparticipation in the project. The consenting
mcrnbers may thereafter, upon giving the nonconscnting
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inc:inLcr prior wr.i L~CH notice, procccd witlt the adoption of a
rc:~srisc::i I~udc;c:t fox: the project, and the nonconscnLing mem?icz
shall not be obliyated for any future dC3b.t-s of the project,
nor shall it receive any future benefits therefrom.
Section 24. Expenditures For Approved Budget. All
expenditures within the designations and limitations of an
approved general QY project budget shall be made in the
manner authorized by the board for a general budget expenditur
or by a majority of the directors of the participating
members for a project budget expenditure. The total sum authc
zed to be expended by the budget shall not be exceeded
witholit the unanimous consent and approval of all of the
directors representing the members affected by the budget
under consideration. Such consent and approval may be yiven
in writing by any director that may be absent from a meeting
called for the purpose of considering such excess expenditure --
Section 25. Payment Of Amounts Due. Amounts required
to be paid by any nenber shclll 3e due and-payable 45 days
after receipt of a billing from the A$ency.
Section 26. Reimbursement Of Funcls. - Grant funds
received by the Agency from any federal, state or local
agency to pay for budgeted expenditures for which the Agency
has received all or any portion of said funds from its
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~~~~~>~~~ s!mlI 1.w paid to said mc;nbcrs to reimburse the
IYCT!:?JL:~S for- t.Iic. fuiids co2tributcd to the Agency for the
purpo:;c* for wliic-1- grant rnoricy had bcen received -
Sect: on 27 - Assessment Procedure. --- General budgets
shall be all-ocated and assessed as therein set forth. Each
project budqet shall contain a schedule of assessnents to
individual participating members of the Agency, and said
assessrncnts in an aggregate shall be in an amount sufficient
to provide for all expenditures budgeted, The budget nay
provide for the contribution of personnel, equipment or
property by certain members in lieu of monetary assessnents.
Approval of any general bcdget or project budget by a member
shall constitute agreement by such member to pay said asse- amc
or contribute said personnel, equipment or property, conditio1
only on-the approval thereof by all other members to whom
assessments or contributions were allocated.
-
Section 28. First Assessment. Within 45 days after
-. . the effective date of this zgrecxxczt, ezch pzrticipating
member shall pay to the Agency the sun1 of $1,000 plus an
amount ecpal to $100 for each 100,000 gallons, or increiwnt
thereof, average daily sewage flow of the participating
meinber during the month immediately prior to the execution
of this agreement. (For example, if a member's average
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6;Ziiy scli;.,c;ct flo7/J is 1.7 in.cj.d., it ~ould i)ilY $1 ,090 plus
$1,700 for a total cf $2,700; if the flo:: is -6 m.g.d.,
tol:al payncnt would be $1, GOO. ) Notwithstanding the forccjoing
a pax:ticipating rticxber that has an average daily sewage flov
of in excess of 10 million gallons per day shall F,I:lc?'iCh the
total contributions of all other rneinbers; if more than one
participating member has an average daily sewage flow in
excess of 10 million gallons per d3y, such members shall
jointly match the total contributions of a11 other members
by paying an eqilal portion of said total, (For exanple, if
the total payinents of members with averagcl daily flows of
less than 10 m.9.d. is $40,000, the paylnent of a menber with
a flow more than LO m.g.d. would be $40,000; if there are
two such members, each would pay $20,000.) For the purposes
of this section, if the County of Sax Diego is a participatinc
member, its average daily sewage flow shall be the total of
the average daily sebage flow of all agencies for which the
San Diego County Board of Supervisors acts as the governing
board.
Section 29. Accounting Procedures. Full books and
accounts shall be maintained for the Agency in accordance
with practices established by or consistent with those
utilized by the Controller of the State of California for
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like public entities, In particular, the Auditor and
Treasurer shall cornply strictly with the requirements of the
statute governing joint powers agencies.
Section 30. Fiscal Year. - The fiscal year of the
Agency shall commence on July 1 and end on June 30 of the
following year unless changed by the board,
ARTICLE VI: PROPERTY RIGHTS
Section 31. Allocation On Books. To the extent that
any funds received from any member of the Agency are used
for the acquisition or construction of assets, the same
shall be allocated annually on the books of the Agency to
the credit of said contributing member.
Section 32, Distribution On Termination Of Agency,
Upon termination or dissolution of the Agency herein created
the assets in possession of the Agency at such tixte shall be
distributed in kind or sold and the proceeds thereof distrib
along with other surplus moneys, to the members of the Agenc
at the the of the termination as their interests appear on,
the books of the Agency-
Section 33, Liabilities. Any liability incurred by
the Agency during the course of its existence shall be
discharged by each of the parties hereto in proportion to
their contribution or approved participation in the contract
undertaking or facilities of the Agency for which the
liability is attributable, If there are any other liabilitj
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which cannot he so allocated, they shall be discharged at
the end of thc term hereof by equal. contribution made by
each of the parties hereto. In accordance with Section
6508.1 of the Government Code, except as otherwise provided
in this agreenent, the debts, liabilities and obligations of
the Agency shall be the debts, liabilities or obligations of
the Agency alone and not of the parties to this agreement.
ARTICLE VII: TERV, AMXND-WNT AND ?ZSCISSION
Section 34, Term, The Agency shall continue until
this agreement is rescinded or terminated as herein provided
Section 35. Amendment. This agreeraent may be amended
by the affirmative vote of two-thirds of the members of the
Agency, provided that any aiiendment adopted by less than
unanhous consent of the parties hereto shall not be effecti
until any member dissatisfied therewith has had reasonable
opportunity to withdraw fro% the Agency in accordance with
Section 4 hereof, /
Section 36, Rescission Or Termination. This agreertent
may be rescinded and Che Agency terminated by written
consent of all members, provided that adequate provision has
been mszde to discharge the liabilities of the Agency.
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L d Q e
IN WITNESS WHEREOF the City of Carlsbad has executed thi:
agreement creating the San Diego Region Water Reclamation Agenc
this 5th day of JlkIJf , 1977.
CITY OF CARLSBAD
3Y
ATTEST :
APPROVED AS TO FORM:
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