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HomeMy WebLinkAbout1980-10-07; City Council; 6384; Association of Water Reclamation Agenciesc AGENDA BILL NO. DATE : DEPARTMENT: Subject : ASSOCIATION Statement of the 0 CITY OF CAFUSBAD 0 Initial: k3PL/ Dept, Head City Atty. October 7, 1980 city Hgr. City Manaqer OF WATER RECLAMATION AGENCIES Silatter twodelegates Council Action: 10-7-80 Council approved appointment of Council appointed andtwo alternates. paying $50 dues to join the Association, and continued th the delegates to the meeting of October 28, 1980. Council Member Anear and the City Manager as representat 0 .' RESOLUTION NO. 1 1_1 RESOLUTION OF THE ASSOCIATION OF WATER RECLAMATION AGENCIES - NORTH COUN?Y ADOPTING BYLAWS OF THE he Association of Mater Reclamation Agencie s actively involved in water supply and Diego. County area, and; the member agencies is to achieve the most reclaimed water through coordfnated p! annini ciiities for the re-use and conservation of f tL'ater Reclamation Agencies - North County o establish rules and regulations of the teerest of the Association to adopt said BY RESOLVED, DETERMINED AND ORDERED by the Agencies - North County as fo'ilows: ASSOCIATION OF WATER RECLAMATION AGENCIES attached hereto, be and they are hereby imvus vote of the F'iernbersliip at a general rn amation Agencies - North County held Octobei Association; and Pres ideTt nTrJ,.C;+$'HH Fj 0 0 BYLAWS OF _I- - ASSOCIATION OF WATER RECLAMATION AGENCIES - NORTH COUNTY ARTICLE I NAME AND LOCATION Section 1. Agencies - North County. Section 2. The name of this organization shall be Association of Water Reclamatior The offices of the Association shall be located at 1960 La Costa Avenuc Post Office Box 2397, Leucadia, California, 92024 and/or in such other local- as may be determined by the Membership. ARTICLE I1 OBJECTIVES The objectives of this Association shall be to achieve the most effect- and beneficial use of reclaimed water through coordinated planning, construcl and operation of facilities for the re-use and conservation of water resourct ARTICLE I11 MEMBERSHIP Section 1. Qual i-fication Membership in this Association shall be open to any person or organiza- in North San Diego County, California interested in promoting the purposes oi this Association, subject to the prior approval of the Membership and subjeci to the other provisions of these Bylaws. North San Diego County shall be tht boundary of the Encina 'Service area which would include agencies which treat and trnasport sewage, and all water purveyors including the City of Oceansidt San Diequito Water District and 01 ivenhain Municipal Water District and othei District and Cities are welcome to join as the need occurs. Section 2. Classes of Membership The Membership of the Association shall be in two classes: (1) Public entities organized under the lawsof the State of California, including departments of California municipalities, engaged in or empowered to engage in (I) reclamation of water, (2) employment of Regular Members (sometimes called herein "Voting Members") 0 0 desalination or other advanced water science in public water supply, (3) conjunctive use of surface and groundwaters, (4) conjoined man of water supply and water quality, and/or (5) disposal of agricultur drainage or municipal sewage, whether or not such waters are to be r are eligible to become members of the Association, provided the agen department so qualified is empowered to act jointly or cooperate wit, other entities for any of the purposes of this Association. All meml sha(l1 designate two persons to represent such entity; one person frc the governing body of the member agency and one Manager or his desigi and as many Alternates to said persons as said Member shall desire ai shall notify the Association of the names of such persons and of sucl Alternates who shall continue to be the Representatives and Alternati Representatives of that entity until the entity changes the Represen or Alternate Representatives by the giving of notice to the Associat Alternates, each in his designated order, shall exercise a11 of the Member's rights and privileges in the Association and may serve on committees of the Association. Associate Members (sometimes called herein "Associates")" Universities and schools, departments of state, county and local governments which are not qualified to become voting Members of the I: ciation, consultants, organizations, firms and individuals who are interested in the objectives and purposes of the Association may, up( approval of the Membership and the payment of the current dues establ by the Membership be enrolled as Associates of the Association. Ass( Members may serve on committees of the Association. Members of each class are referred to herein sometimes as "Members". (2) Section 3. Admission of Members. Admission of all applicants for membership shall be by determination the Membership of the Association whether the applicants qualify for membe and approval by a majority vote of those present and voting at any meetin: of the Association or in such other manner as the Membership may determine Section 4. Removal. Members of any classification may be removed from the Association by the Membership for cause by two-thirds vote. For any cause other than nor payment of dues, removal shall occur only after the member complained agai has been advised of the complaint launched against him and has been given reasonable opportunity for defense; and such member, if removed, may appez from the decision of the Membership to the Annual lileeting of the Associati providing that notice of intent to appeal is provided to the Membership at least ten (10) days in advance of the meeting. -2- 0 0 Section 5. Reinstatement. A former Member desiring a continuous membership record may be reinst; on showing proof of qualifications and paying all dues in arrears. If, hob a continuous membership record is not desired, the Member may be reinstate( upon showing proof of qualification and paying the current year's dues. Section 6. - Resiqnation. Any Member may resign by filing a written resignation with the Secret of the Association, but such resignation shall not relieve the Member so resigning of the obligation to pay any dues or other assessments theretofo accrued and unpaid. ARTICLE IV DUES AND ASSESSMENTS Section 1. Establishment of Dues. Dues and admission fees, if any, for all classes of membership shall be established by the Membership. Section 2. Delinquency and Cancellation. Any Member of the Association who shall be delinquent in dues for a F of sixty (60) days from the time such dues shall become due shall be notil of such delinquency. If such payment of dues is not made within the next succeeding thirty (30) days, the deliquent member shall be dropped from tf rolls and thereupon forfeit all rights and priveleges of membership, unle: such suspension, at the request of the Member, is waived by affirmative ar of the Membership. Section 3. Refunds. No dues shall be refunded to any Member whose membership terminates any reason. Section 4. Budget. An annual Budget will be prepared prior to April 1 of each year, and Member shall be notified of their dues and assessments for the coming fis year prior to May 1 of each year. approve or disapprove the Budget and inform the Secretary of the Associat of its action in writing within 30 days. If any member disapproves a par cular assessment, the assessment shall be redetermined in accordance witt- After notification, each Member shall -3- 0 0 appropriate approvals, and the Budget resubmitted for approval or disapprov, The Membership shall make any necessary revisions in its Budget after actio the Members on their notifications. The Association shall adopt its Budget July 1 of each year and thereafter the annual Budget shall govern the progr? of the Association durina the fiscal year from July 1 to the next succeedin! June 30. Section 5. Assessments. The Membership shall provide for a system of levying for assessments on the Members of the Association commensurate with their approval of the annual Budget pursuant to Section 4 above. Section 6. Admission Fees. Each Member and each Associate shall be charged an amount equivalent to the then prevalent annual dues for enrollment in the Association. The enrollment fee shall constitute the first year’s dues. ARTICLE V MEETINGS OF ASSOCIATION AND VOTING Section 1. Annual Neeti’ng The annual meeting of the Association shall be held at such place and o such dates as shall be determined by the Membership. Section 3. Speci a1 l%eti nqs, Special meetings of the Association may be called by the majority of th voting Menbership at any time; or shall be called by the President upon rece of a written request by six (6) voting Members, within thirty (30) days afte the filing of such request with the President. Business to be transacted at any special meeting shall be stated in the notice thereof, and no other bus may be considered at that time. Section 3. - Plotice of Peetings. !kitten notice of any meeting of the Association shall be mailed to the known address of each Member not less than ten (10) days nor more than forty (40) days before the date of the meeting. Section 4. Voting. shall have two votes each; one cast by its elected body Representative or Alternate and one by its Manager Representative (or designee) or Alternate. those voting Members present and voting shall govern. Pt all meetings of the Association each voting Flember (but, not Associati Unless otherwise specifically ppovided by these Bylaws, a majority vote -4- 0 0 Section 5. Quorum of Members. At an annual or special meeting of Members, a quorum shall consist of twenty-five percent (25%) of the then current number of voting Members. Section 6. Cancellation of Meetings. The majority of the Membership may cancel any annual or special meetir cause. In the event of cancellation of the Annual Meeting, the Secretary s maif to the membership the written report of the Nominating Committee, allc fifteen (15) days for the filing of additional nominations endorsed by any six (6) Members. Upon request in writing of six voting Members, within thi (30) days thereafter, the Membership shall reschedule the Annual Meeting ar give notice thereof and at the rescheduled meeting elect officers and the Secretary shall certify their election. Section 7. Rules of Order. The meetings and proceedings of this Association shall be regulated ar control led according to Robert's Rules of Order (revised) for par1 iamentarj procedure, except as may be otherwise provided by these Bylaws. ARTICLE VI 0 FF IC ERS Section 1. Elected Officers. The elected officers of the Association shall be a President, Vice President and Secretary-Treasurer each of whom shall be elected from and by the Membership at the first meeting following the Annual Meeting. / officers will serve until their successors have been duly elected and assur office. Any Representative of a voting Member in good standing shall be eligible to nomination and election to an Officer of this Association. Section 2. Term of Office Each elected officer shall take office immediately upon installation and shall serve for a term of one year or until his successor is duly elec- and qualified. Section 3. Vacancies - Removal term thereof by the Membership at any regular or special meeting. The Meml ship, in its discretion, by two-thirds vote of all its members, may remove officer from office for cause. Vacancies in any elected office may be filled for the balance of the - 5- 0 m ARTICLE YIf DUTIES OF OFFICERS Section 1. President. The President shall preside over the annual and any general or special meetings of the Association and shall serve as a member ex-officio, with right to vote, on all committees except the Nominating Committee, He shall make all requried appointments of standing and special committees with the approval of the Membership. at such other times as he shall deem proper, the President shall cornmicat to the Members such matters and make such suggestions as may in his opinic tend to promote the welfare and increase the usefulness of the Association. He shall perform such other duties as are necessarily incident to the offic of President or as may be prescribed by the Membership. Section 2. At the Annual Meeting of the Association and - Vice President. -___ The Vice President shall act for the President when the President is absent or incapacitated. Membership. Section 2. 5ecretar.y-Treasurer. The Secretary-Treasurer shall be in charge of the Memberships record: (including financial) and funds and shall be responsible for the proper anc legal mailing of notices to members. The Secretary shall see to the propel recording of proceedings of meetings of the Association and all committees* and carry into execution all orders, votes and resolutions, not otherwise committed. The Secretary-Treasurer shall see that accurate records are kef of all Members and shall prepare the agenda and Minutes of the annual and genera? meetings. The Secretary-Treasurer shall collect all dues and assc ments of Members; shall have established proper accounting procedures for 1 handling of the Association’s funds and shall be responsible for the keep. of the funds in such banks, trust companies and investments as are approve( by the Membership- The Secretary-Treasurer shall report on the fi nanci a1 condition of the Association at all general meetings of the Association an( at other times when called upon by the President. At the expiration of tht Secretary-Treasurer’s term of office, the Secretary-Treasurer shall delivel to the successor all books, money and other property in the Secretary-Treal charge, or, in the absence of the successor, the Secretary-Treasurer shall deliver such properties to the President. The Secretary-Treasurer shall hl such other duties 2s may be specified by the Yembership. His duties shall be as delegated to him by the ARTICLE VI11 COMMITTEES Section 1. Standing Committees The Membership may from time to time create standing committees or di - 6- a 0 existing standing committees. The standing comittees may draw their memt ship from among active Members of the Association. Committee membership c: be confirmed by the action of the Membership after appointment by the Prec Section 2. Special Committees. The Membership at any general meeting may establish a special commit1 composed of Members of the Association. Composition and duties of each si committee shall be established by the Membership. The Membership may, frc time to time, provide rules and regulations for special committees, includ methods of allocation of funds to them and governance of expenditures by t No such committee shall continue to exist beyond the completion of tasks assigned to it or for three years, whichever is the shorter period. No sp committee shall infringe upon the duties of any standing committee. 4RTICLE IX ADOPTION AND AMENDMENTS Section 1. Statutory Requirements o These Bylaws may be adopted, amended or repealed by the written conse voting Members entitled to exercise two-thirds of the voting power, or by vote of two-thirds of a quorum at a meeting of Members duly called for the purpose according to these Bylaws. Section 2. Procedures. Amendments to the Bylaws may be proposed by any Member. The Membersh may suggest revisions in proposed amendments to the petitioner, but if the revisions are not accepted by the petitioner within thirty (30) days, the proposed amendment shall be considered by the Kembershi p. A1 1 amendments proposed for action at any Members’ meeting shall be circulated to the Nem at least thirty (30) days prior to the convention of the meeting. affirmative vote of at least two-thirds of the voting Members present at t Annual or special meeting shali be required for adoption of each axendment ARTICLE X The DISSOLUTION Upon the dissolution or winding up of this Association, after paying ( adequately providing for the debts and obligations of the Association, the Membership or authorized person in charge of the liquidation shall divide 4 remaining assets among the Members in accordance with their respective rig1 theri n. - 7- 1 0 0 - ASSOCIATION OF WATER RECLAMATION AGENCIES - NORTH COUNTY PROPOSED BUDGET Fiscal Year 1980-1 981 E x P END r -r uli ES Office Supplies $ 250,oo Postage 100.00 Secretarial Help 300 e 00 Meeting Confections 100.00 Checking Account 50.00 Total 800.00 ANTICIPATED REVENUE Cash on Hand - October 70, t980 $ 750.00 Membership Annual Dues Member 9 @ $50 : $450.00 Assoc-iates 8 @ $25 : 200.00 $ 600.00 Total $ 800.00 ~~~~~~~~~~~ * 0 e 1200 ELM AVENUE TELEF (714) 4 CARLSBAD, CALIFORNIA 92008 Citp of UCarlGbab October 31, 1980 Mr. Richard E. Hanson Secretary-Treasurer Association of Water Reclamation Agencies - North County P. 0. Box 2397 Leucadia, CA 92024 Bear Mr. Hanson: This is to advise you that the City of Carlsbad has appointed Gigard W. Anear, member of our City Council, and Frank D. Aleshire, City Manager, to serve as our representatives to the Association of Water Reclamation Agencies - North County. ~ No alternates have been designated, Membership dues in the amount of $50 for fiscal year 1980-1981 is enclosed. Sincerely, $,Q- LEE RAUTENKRANZ City Clerk Enclosure : Warrant No. 36630 LR: bw cc+ fb & -p - 79 e /’ fZe?c ~ka+w~-, 7- I C /’ 0 !* =,a, /$?eJLoq I/tlC-l-te/ PROPOSED 1978-79 EUDGET Apj rop I- i a ti on s I - Secret a 1-y $70,000 Treasurer - 500 2,000 2 Audi tor 81 Control 1 er Outside Audi t 1,000 Attorney 5,000 Manager . Gioo -2 Travel Expense ‘ . 6,000 bjateri a1 s & suppiies 8,000 c0IISu-l t&,ntS 15,000 D Contingency 10,300 TOTAL $96,500 Ass e ssme nts $81,500 Carryover 15,000 TOTAL $96,500 !leans of Fi nanci ng -. . c( 4” cc pp po o‘r 0 0 11 I PROPOSED ASSESSf’!ElITS - /979- 75‘ 4 / - Agency Ff ows City of Carlsbad 2.45 + 5,400 City of Del Mar 0.44 2,250 Fallbrook Sanitary Dist. 0.92 3,000 Leucadi a County \.later Di st. 1.41 3,750 Qtay Municipal ltlater Dist. 0.32 2,100 Padre Dan Municipal \&iter Dist. 3.60 6 ,goo->> . Pornerado County Water Dist. 2.27 4,950 1,800 - Rainbow Municipal \later Dist. 0.11 San Marcos County Nater Dist. 1.78 4,200 Vista Sanitation Dist. 3.25 6,400 40 2 750 County of San Diego 10-1- 20,375 City of San Diego 1 o+ 20,375 . S u bTo ta 7 81,500 ,’- r>: .* +., . . .. . '0 .. t .. 'Id .. '?1/ .- PROPOSED I:UFSET $ 6,000 - 500 3,000 8. . 1. Secretary Cost . 2. Treasurer 3, Auditor and Control.3.er (includes $500 bonding cost) 5. Attorney 7,000 6. Lchal cost of f o,rming Agency 1,677 1,523 7 . Montgomery Report 4, Outside Audit 1,000 8. Travel expenses . 5,000 .. .. . 9. printing, hailing, stationery, etc. ,lo. Consultants to prepare proposals . --: 5 ,000 lS,OOO 8,700 TOTAL $54,400 - 11, Contingency reserve _. . Funds available from assessments - $54,400 a. .. ' . .* .. .. .. . .. / : 0 '_' ,. Approved by Board of, Direcfors a on September 6 15, 1977, 1 .; . . . .. . . ., ** .. .; i .. ., .. . .. .* . .. * '/ e. .. .. * a e PROPOSED ASSESSPIENTS ,j<’7y2-2d~ Average Daily Flow Agency in 1I.G.I). Assc s smcn t City 0: C?L-! sbad 2.54 3,600 \ City o€ Del Xar . Fallbrook Sanitary Dist . 0.915 Lcucadia County FJatcr Dist. Otay Municipal Water Dis t. Padre Dam Municipal Watcr Dist. Pomerado County Water Dist. 0.439 1,500 2,000 1.409 2,500 1,400 0.315 3.60 4,GOO 2.206 3,300 1,200 2,800 1.78 3.25 4,300 Sub Total 27,200 12.33 27,200 TOTAL 54,400 RalnbLw llunicipal Idater Dist. 0.11 -. San Marcos County Water Dist. Vista Sanitatjon Dist. County of San Diego * +.