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HomeMy WebLinkAbout1979-08-07; City Council; 5932; Santa Margarita-San Luis Rey Watershed Plng AgencyCITY OF CARLSBAD AGENDA BILL NO. '3 2 DATE: August 7, 1979 DE PA RTM E NT : UTILITIES & MAINTENANCE Initial : Dept. Hd c. Atty. uG!q .. C. Mgr. 3 ' Subject : RECOMMENDING MEMBERSHIP IN THE SANTA MARGARITA-SAN LUIS REY WATERSHED PLANNING AGENCY (SM-SLR WPA) Statement of the Matter The SM-SLR WPA has' extended an invitation to the City of Carlsbad to join the Agency. The City had been a member of the predecessor agency, the San Luis Rey Watershed Planning Agency. attached as Exhibi.t A and provides the rationale for joining the agency at this time. Membership in the SM-SLR WPA is supported by Item I.B.5 of the Council's Goals and Objectives Policy. Fund unappropriated reserve. A memorandum from the Director Gf Utilities & Maintenance is Funds for the membership fee of $1,000 are available in Water \ > EXHIBITS A. B. Resolution No. flSr Memorandum from the Director of Utilities & Maintenance to the City Manager, dated July 26, 1979. . RECOMMENDATION If Council concurs with the staff recommendation to join the SM-SLR WPA, approve Resolution No.5p5F authorizing the Mayor to sign the Joint Powers Agreement. It, is further recommended that the Mayor appoint a representative and an a1 ternate representative to the Agency. Council Action: 8-7-79 Council adopted Resolution 5858, approving membership. in the - Santa Margarita-San Louis Rey Watershed Planning Agency. . July 26, 1979 ME !IO RAND U M 79-142 TO: City Manager FROM : Director of Utilities & Maintenance SUBJECT: Membership in the Santa Margarita-San Luis Rey Watershed P1 anni ng Agency The City of Carlsbad was a member of the San Luis Rey Watershed Planning Agency, the predecessor agency of the Santa Margarita-San Luis Rey Watershed Planning Agency (SM-SLR WPA). agency when it was formed in 1974 because of concerns relating to the purpose of the agency and the unknown benefits which membership might develop, reservations as to the future activities and construction projects in which the agency might become involved and concerns that the agency might levy ad valorem taxes. I am of the opinion that the SM-SLR WPA, since 1974, has not conducted itself in such a manner as to lend credence to these concerns, and Proposition 13 prohibits the tax 1 evy i ng poss i bi 1 i ty . The SM-SLR WPA has, during this period, sponsored several studies (grant funded) to support development of management plans for the basins. Additionally, they are doing the 208 planning for the basins on a con- tractual basis with CPO. to develop into an operating agency but rather to develop policies for basin management with member agencies responsible for any construction or operation of facilities. maintained at the level to perform necessary management functions. Colonel A. C. Bowen remains as the General Manager on a part-time basis and member agencies provide necessary administrative support. assessments have remained at $1,000 annual ly for each member. The City did not join the latter The agency does not appear to have intentions Staff of the agency has not grown but only Annual I am of the opinion that the SM-SLR WPA has established itself as a viable policy development agency and has not, nor will it, develop into an "empire" of another level of government. It is operating, for water management purposes, as an integral part of the area-wide planning organization (CPO). is precluded by Proposition 13. I feel that membership in the SM-SLR WPA would be beneficial to the City of Carlsbad at this time and in the future, in order that our interests in the San Luis Rey basin can be enhanced. I believe that every effort to improve the basin quality and to return the City-owned wells to productive use should be pursued. Participation in the SM-SLR WPA is consistent with Section I.B.5, Council Goals and Objectives ("Develop a long-range plan for the beneficial use of the San Luis Rey well field The fear that SM-SLR WPA might levy ad valorem taxes II \ ...... 1. -- City Manager -2- July 26, 1979 Attached is a letter from the Manager of the SM-SLR WPA, inviting participation in the organization and a copy of the Joint Exercise of Powers Agreement for your review. It is recommended that Council consider membership in the SM-SLR WPA for FY79-80. If Council approves membership in the organization, they should consider appointing a representative and an alternate representative to the agency. appointed as the representative and the Director of Utilities & Maintenance as the alternate. appointed officials of the agencies represented. My recommendation is that a Council person should be Present membership is a mix of elected or Funds for this membership were not budgeted this year but could be made availlable from Water Fund unappropriated reserves. ROG W. GREER Direhor of Utilities & Maintenance RWG: pab attach. Mr. Paul Bussey, City of Carlsbad 1200 Elm Avenue Santu Marzgunita - Sun Luis Rey Waterzshea Planning Agency P. 0. BOX 475 FALLBROOK, CALIFORNIA 92028 (714) 728-6488 John F Hennigar, Chairman A. C. Bowen, General Manager James F Turner, Vice-chairman City Manager Carlsbad, CA 92008 Dear Mr. Bussey: The Board of Commissioners of the Santa Margarita-San Luis Rey Watershed Planning Agency has instructed me to extend an invitation to the City Council of the City of Carlsbad to join the Agency for the purpose of participating in the formulation of plans to preserve and enhance the quality of water contained in the lower San Luis Rey Groundwater Basin. priate water from the Mission segment of the basin, decisions leading to operation and management of the basin will be of vital concern to the people of Carlsbad and those people should be represented on the Agency Board. Inasmuch as the City possesses a license to appro- There have been some studies of the basin by U. S. Geological Survey and by the Colorado State University under contract with the Federal Office of Water Research and Technology. These studies hold forth the possibility of improving the quality of water in the basin. It is within the realm of probability that the degradation in quality of the groundwater can be reversed and the basin returned as a source of potable water to the benefit of the City and others who have rights to extract water from the basin. The Agency is operating on a reduced level of activity, but the Board of Commissioners meets monthly on the third Thursday in the Board Room of Rainbow Municipal Water District, 4555 Highway 76, Fallbrook, CA 92028. There are presently sixteen members of the Agency. The assessment for each member is $1,000 for M 79-80. presenting this invitation to the City Council will be appreciated. additional information is desired, please feel free to call upon me for it. Your assistance in If Sincerely yours, /...-/,-- e\ A. C. Bowen c ’ General Manager ACB : gc 1 2 3 4 5 6 7 8 9 10 3.1 12 13 14 . 15 1E 11 '1E I. s 2c 21 22 2: 24 2E 2E 21 2E RESOLUTION NO. 5858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AP2KOVING SAN LUIS REY WATERSHZD PLANNING AGENCY. REMBERSHIP IN THE SANTA MARGARITA- WHEREAS, the City Council of the City of Carlsbad has dztermined it is necessary and in the public interest to enter into a Joint Exercise if Powers Agreement as a member of the Santa Margarita-San Luis Rey Watershed '1 anni ng Agency; NOW, THEREFORE, BE IT RESOLVE2 by the City Cotincil of the City of hi-1 sbad , Cal i forni a as fol1 ows : 1. 2. PASSED, APPROVED FIND ADO?TED at a Pegular meeting of the That the above recitations are true and correct. That the Joint Powers Agreement attached hereto is approved. Carlshad City Council held on the 7th day of Auqust-, 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None ABSENT: None Councilwoman Casler ATTEST : (SEAL) FIRST AIV!E~\~D~=D JOJNT EXERCISE OF: POWERS AGREEMENT WATERSHED PLANNING AGENCY CREATING SANI-A MP.RC;ARITA-SAN LUIS REV TMIS FIRST AMENDED JOIF!T EXEQCISE OF PC'V\IERS AGREE- MENT CREATING SANTA MAKGAf?RITA.-SAN L..IfTS cZEY WkTERSt-iED PLANNIN3 AGENCY is made and entered into as of 'October 1 , 1974, by and between the oarties signatory hereto. RECITALS (a) ___I- Parties. The parties to this agreement are public agencies authorized and en7powered to contract for tf3e joint exercise of powers under Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California. (b) Comrnon 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, and to contract for ai-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 resocctive agencies. I ! (c) Predecessor Aqcnc ies . Heretofore 'the Santa Margarita ' Watershed Planning Agency and San Luis Key Watershed Planning Agency were formed as joint powers within their respective CSgreetnet?t, said jaint powers agencies formed a Joint Administration Cornrnittee to cor-rdiict an in-dt:ptrl study of water qt-iality cotiditions and plar7r; under grants and contract.; with t.he Clnited States and the State of California, (d) !Wed for Succcssor Agency. Said joint stc.idy is t;ow completed and it is now approF;riate to fcrm a single successor agency --- -_I__- to srrccced said oredecessor a3jencies to assure cmtinuity in (1) adoption and updating the plan devcloped by said joint stdy, (2) to review nlans and operations of local agencies for conforrnance ,- with said plan, and (‘3’ to offer assistarxi.. in financing and cperation to be krsown as “Sarita E~’~rqarita-5C;an !.-.iris F?sy VJatcrshPd Planning A;]cticy”, herein called the “A3ency” . Tiw Ac-ency is formed by this aqrC~crt.et-rt pursc.ant to thc r>rovisionL of Article I, Chapter 5, Division 7, Title 1 of the Govcrt~mcnt Ciadcz of the State of California (Sections 6500 et seq.) relatitq to the joint exercise of oovwr:-. ccm7mon to public nqenci c...;. Thc Aqct?cj/ shall be a pub1 ic entity scparate from -2 - the parties hereto. 2. -__ Purpose.-; arid Functions. -I-- The> purposes and fi..Jrictions cf the /rqency shall ir-.clide the following: (a) Adoption a1-d I.&datii CJ of ?Ian. To adopt A Water Om1 ity hAanaqement PI at 1 far the Santa Afiaroa - r i ta 2.r-d San Luis Rcy Watersheds and to cont.iri~al\y review, update and, -1_- *-. when appropriate to modif;/ .such plan. (t,) Review of Activities for Confornbnce to Plan. To --I__- I- ----- review pians and proposal; of local pub1 ic and private entities within the Sa?ta V!arg:il-ika and 5nn Lais Tey Watersheds relative to c:on!kr-rr'iance ther-eol' with such Water C2uality Wiar-~arJer7?er?t Pldn, acd to cooperate thereby with :ill appro- priate re:.w!atory a<>enciec;. ( c 1 rie D re sc: 1 it z c- i on . To p r ov i de c ol 1 ec t i ve re $3 re s e n t at i on ----- of r-rer-nber ager ICIC'C, i!? connection with State &nd Federal water cioa!.e it-. rclnted dc1 iuerations of, and t.cq:!er;.!.e wit%,- regional rCtI:rt:scn1 itself ir) such rnattcrs or to partIc:ipatc dircxtly in (d) 1nforn:ation CeriCer. To acquire and mair,tain I-ecords ----I-..- _--_--I of water quantity awl qual iiy within the Sarta *Vargar.ita and (e) Central C'cei-viccs . 'To prcwide central services for I_ -I--- ~-- , member a2encle:j in order that efficiencies and ecorior-nies may be achieved ir: the use of personnel and equipment on coti~rnon projects within :tic? Santa. iVargarita and ;an Luis Rey Watersheds. (f) Facilities Aicqiiisition and Opcration OF HeGional end --I~ I l..or=al Water Qual il-y Improvement Systems. To afford the n?eans to acq,rire, constr~rc:t and operate necessary Facil itics ----___- .. and s:Jstrrris for the of water quality irrpr-ovement within the Sant-a rAarqc?rita and Sat7 Luis Rey Watersheds. instit ut ional fr;-.:r:cwcj:.k for Sti.idy and c:onstr:iction of necessary flood control or draina2e facilities, within San Luis Fiey Riwr VJiitershed oiily , in studyinq, {:>ianr?in~ and otlwrwise prol.ec:ting and preserving t tie surface cmd subs^ irfact. water rcsocircc?s of the ';anta (b) To make and enter- contracts; (c: To .?mploy a3erits and emplcyees; (d) To ;;.cqqliit-e, csnstr:~ct, rranage, maintain and ooerate b t 1 i I (3 i ng s , wo r- ks o 1^ i m p r c vef ri e nts ; (e) To xquire, hold and dispose of property: (f) To iixilr debts, ? iabi1itie.s or obligations; (g) To sue and be ..;!.it.:d in its ow13 name: (h) Solely within Sa7 Liiis Rey River Watershed, to conduct studies and to construct works to control and conserve storm, flood and drainage water:;: provided that no physical works for flood col7trol or drai.?age purposzs shall be constructed or maintaiwd except pursmnt to an approved project budget. No jrant of Dowers hcrt--!l> shad1 be deemed to impiir or restrict tn any manner the exercise of ati:,'such powers by any member agency in its own right, or to constitute a delegaticn or assicgtnent of any 'property or other right. of any such member. Neither the Agency nor a rnzjority of tk rriembers shall have the power or a:ithority to impose any duty or ob1 i qation upon, or coml;el specific actions by any rnemt;er in conforr-rlanc:e with any .dan which the Agency may adopt. The powers herein enumeratecl shall be exercised, to the extent riot herein spcci- fically providc-cl for, in the mamer and according to the methods ' provided cinder the Municipal Water District Law. 5. h'o~~-tnec?:t;er Participant 55, It is expressly contemplated that affected aqerxies of the United States CoLfernment, the State of -- --.--lll_- California or the Irdian Rarids v,?li~ch arc not then merxbers will be welc:orr,e to ta!e ptir-t in deliberacioris oi' ?he ,Aqt.ncy as rionlmtinc; parti- cipants. 6. Withc'raival of fi.'',en-:!;r?r.zhip. ,4ny member of the Agenoy --.-.----I -----..- shall have the' right to withdravsl i;:s membership upon servlcg written 8. Designation ol-' C:crnrr,is:<icmers. Each rnerriber agency shall .--.-----~_--.-----_-- desigriate anJ apnoir-t, by resoliitim of fts yovet-ning body, one Commis- , Each C3ornmisc:iot-ier shall hold off'ir:~ at the pleasure of the qoverr1ing body of the apnoirjtirl:; entity. 9. fVeet:i.ngs. The Conimi..-;sion shall rr.eet at least q!..iarterly at such time as it- may from timc. :(I tin-ie establish by resolution duiy adopted. I_----.. Special wmetings may tr:c ca:led at the request of the chairman or of an!,' two member-s of the C'ommission. Notice of all meetings shall be mailed or delivered at least: five days pricr to the time appointed for the meeting. All rneetings of the Commission shall be open to the public and shall be caIled, noticed, beld and conducted in accordance with !+a provisions of the Ralph M. Brown Act, being Sections 54250, c? .mq. of the C;:)vernrner,t Code, 10. Quorui-1. A rrlajorit-/ of the Commissioners shall constitute ----_.. 11 . Votinq. In the nor.ral c:oursc of business, each member of ---_ the Comrnissiori shall have otic- vote; providcd, hobvever, that at any time 07 the demwd of any Gor-nrrlissioner votinn shall LW on d weighted basis with each i-'omrrlissioner t3ntitled to orw vote of each $1 ,000, or portion thereof, of 1 t-w allocated qjcneral hi rd;jet expenses Yoor the current fiscal year. - 7- a Santa h/iarcJzrita Cowvnittce oorr~posed of Comrni ssicjnc-rs representing members whose corpor<>t <? i-munda-rics, or local water supply OP disposal facilities are s,ituate within l.!~ Santa Edargaritii Ri,ver Watershed, and senting memb2rs similarly situate irI the Sari L-uis Rey River Watershed. Decisions and actions that do not relate to the Water Quality fvlanagcment .. Plan or its implementation arid that affect only one of the two watersheds shall normally be the province of the respective st:at?ding committae. In normal course, standing committee actions shall, if: necessary, be confirmed by the Commission: providcc!, that the Cornmission shall have the final jurisdictiotq to deterrninne whcri a given action or decision conducted in accor-danco with the provisions or the Ralph h4. Brown Act, being Sections :53950, et seq. of the Governmct~t C~de. 14. CJuoruiv . A majority of each Committee _.;hall cmstitute a quorum for purposes of ti-knsaction'of hiisiness of such c:on?mittee 15. Voting. --_ in the norr-m?1 c-ocirse cjf business, each merrber of each scicGl Stat-ding Cornmii tw .hsll hzve one vote: provided, however, that at any time oil the clenqand of at?)' member voting hall be on a weighted basis with each cornm:ttee rmlsmber entitled to one vote of each $1,000, or' portion thereof, of the allocated general budget a expenses for the current fiscal year. E. PROJECT EOARDS 16. Project Hoards. 7-0 the extent that, after prior approval ---__ -_ by the Commisgion, any specific project or proposed pvoject is under- taken which affects less than all of the members of the Agency, the Commissioners representing each of the membe'ps who will be involved in financing or operation of said project area shali be and constitute a project board of the Commission f'or purposes of administration and implementatiQn of such project.. All budget and oF;>eral:iny decisions, nut inconsistent with the Wnler Qirality W,anagemer-.lt Plan, rclatinq to SCICI-I project shall be thc sole province of the project board. 17. Mect.ings, Ouorurn, Voting. - The provisions for meetings, organization, quorwm, vatiny and othcr contr&l of the activities shal.1 be as established in the ri.:.;ol;it-ior\ of the Agency creating such . -0- a secretary, who need not be a we:mtx?r of the Commission. treasurer of the City of Oceanside shall he the treasur'er cf the Aqency, to be the depository arid have custody of' all rr,onies of the Agei7cy frorn whatever source, and to perform all functions specified in Section 656)s. 5 of the Govzrnment Code. controller, who shall be from the same public agency as the treasur-cr, Thn The Conmission shall 2.1~0 se.lect a . and who shalI draw all warrants and ;?a?/ all demands against the Agency as approved by the Cornmission. persons who ar-e II? charge of, handle, or have access to any property to the Agency shall filc an offrctal bond in an amodnt to be fixed by the The public office or officers 01" Commission. In zdcfition, the Gwvrnission shkll have the Dower to appointee or employee ot the Corivnission shall serve at the pleasure of the Commission and shall pc-rforrn such duties and have such powers -10- 19. Manaaerr:erl?. - .-~. The Comr-nissior, r'i>;*y appoint a manager and authorize the employrriet?t of such psrsonnel as rrmy seem appro- priate. employment of such personne't as may seem approp~iete, bat: may Any project boar*cl may a;>pi)lnt a rnansger and authorize the G. BUDGET PROCEDURES 20. Forrnulation arid Ador-Ition of Sener,it Budyet, Annually at -----__- ~- the April meeting of the Ccrnn-ission, a qerieral budget shall be adopted for the ensuing fiscal year. The 'oiAdgct shall be prepared in sufficient detail to constitute ar operating outline for contributions to be made by .. members and expenditures during the ensuing year for those adminis- trative, study and work projects of general bcnefit to all members of ' the. Agency. Said ?kidget sfiail !;e adorjted and allocated for assessment by a majority of ti?e voting powcr af- the Cornrriissioners in attendance, commitment of t't ii)dr; for the stuJy, implc.ineni,itto:i, or conc;truction of any specific prc1jr:ct of' works to be constructed by t.he Agency shall be adopted by thtS [:ro]ect bQar*d of the Cornrvission concerned with the specific project. 3s1d project b~id'jct or commitment nwc>t tw approved period of time or be of indel'initc) duration iis therein specified. -1 I- .- ___ -_ - - .. . -. .. project budget or corrimitt-pent must be appr2vt.d by5 and ~!~all be deemed operative only upon rxpt-c-'s approva.i by +:act-, of the n7en-llxrs partici- pating in the project tj\~dyet:', as evid&nc:ed by .E Certified copy OF a within the drsig-ations and I imitations of npprovsd get-eral 3r special projGct budgets s;i?alI be made on the authorization of a rrajority of the Commission or the project board which is supervising such expenditure. No exponditures in exccs3 of those bdgeted shall be made without the unanimous conser:t- and approvz.1 cjf ali rncrnbers participating in the respective revised or arrended budget which may from time to time be submitted. as thercin set forth. Esch r3ro)cc: b~ldg~t s!iall c;ont.air a schedule of or project budyc?t by a rnernlxt- si-iail constitute ngrccr-rient by such membc?r to pay saic! nsscssmt?nt, conditioned only on the approval -12- _- 25. eayment. F3udqCted assessments, cr proporl ional shares thermf, shall. be duc and payable thirty (30; days after receipt OF billing therefor-?, from thz Agency. . 26. Fiscal Year. The fiscal year of tl-e Agency shall be fron? -- 27. Accounting Proced::res. Full books and accoiil?ts shall be -- -_ maintained for the Agency in accordance with practices established by or consistent with those utilized by the Control!er of the %ate of California for like public entities. In particular, its controller and treasurer shall comply strictly with the requirements of the statute governincj joint powers ;lgenc:ies, Chapter 5, Division 7, Title 1 of t5e Government Code, comrrletxing with Section 6590. 28. Audit. The records and accoirnts of the Agency shall be -I_- audited annually by an 1ndependc -)t certiricd public accountant and copies of such audit repovt sl-all be filed with the; Coiirity Auditor, the State Controllcr and c3ch rr.eirrbc-r of the Agency on or before Auqust I5 of each year. 29. Al1o~:ation on Rook.s. To the extent that any funds received -~-- from any member agency are used for the acqsisition or c:onstruction of assets, the same shall be alLocated annually on the books of the Agency to lhe credit of said contributing member. or‘ dissolution of the Agency herciti created, the assets in pvssession OP ttic Aycmcy at such time shall be distribirted in kind or sold and the proceeds thcrcof distributed Lo the rembel-s d the Acjency at the time of termination as their interests appear on t!-e hooks of the Agency. 3 1 . L labi l,it.ies. Such enforc:eab!e liaCil ities as may have been ---- incur*red by the Aqency during the cotArse or its existence skill bc dischai-yed at th= end of the tern- hereof by equal contriburion made by each of the parties hereto; provided, that the liabilities zrising from operations under any Droject budget shall be the sole responsibility of the members participatirg themit-1. ths debts, liabilities, and obligations oi’the Agency shall be the debts, liabilities, or qbliqations of the Agency alone, and nst of the parties Except as provided hereinabove, to this Agreement. I<. RESCISSION, TEKI\/\!NATION OR AMENDMENT 32. Term. T be Age:-icy shall continuc until tl7’iS Agreement is r-escir,ded or terr1iinatc:d as here in provide. 33. Amendment. This aq t-eernent n-ay be atrended by affirmative vote of two-thirds of the members of thc Agency, provided I__-.--- that any amendn-lent- adopted by less than imaiiiinous consent of the parties hereto shall not he eWective until arty member dissatisfied there- . with has had reasonable opportunity to withdraw from thc Ayency . -14- protect bondholders on arvy qutst.andiwj br~nck. IN WITNESS Vdl-iEKEOF thc parties hereto have executed this Agreement as of the day and uate hereinafter indicated. .. . . . . -. , . ... .. - ,. . ,. EASTEFIN MIJNJClPAL WATEZ DISTRICT FA i L E3R OOK SA N I TA RY DI S7-li I C 1- METROPOLITAN WATER DISTRICT QF SOUTHERN CAL IFORNlk "L I BY M OOTA Uk I M I _I 11 I C 1 PA L WA-I-E 2 CITY OF ESCONCIDO DISTRICT -- 15- CITY OF' OCUNSIDE BY -- PAUMA FLWTCIPAL WATER DISTRICT RV RANCHO CALIFORNIA WATER DISTRICT BV RIVERSIDE COUNTY FLOOD CONTROL AND WATER COMSERVATLON DISTRICT SAY LUIS RE3 EfLJEICIPAL VATBR D I STRIC'II BY- -.-...--- -- RAINBOW MUNICIPAL WATER DISTRICT BY VALLEY CENTER M'LJNICIPAL WATER DISTRICT BY VISTA IRRIGATION DISTRICT BY--...--- -- WESTERN MUNTCIPAL VATER DISTRICT DELUZ HEIGHTS 'MUNICIPAL WATER DISTRICT