HomeMy WebLinkAbout1991-08-06; City Council; 11279; AMENDEMENT TO ENCINA BASIC ADMINISTRATIVE AGREEMENTw 3 0 az tL 9- e
.. z 0 F 0 4
$ 2: 3 0 0
CITbOF CARLSBAD - AGENDWILL - -
TITLE: AMENDMENT TO ENCINA BASIC Dl
CI
AB# lr:zq7
MTG. 8-6-91
DEPT.ENG. CI
RECOMMENDED ACTION:
ADMINISTRATIVE AGREEMENT
That City Council adopt Resolution No. ‘41 -art, approving an amendment to
Establishment Document for the Encina Administrative Agency to permit ope
the County Water District regulations.
ITEM EXPLANATION:
The Encina Administrative Agency (EAA) was created in 1990 to serve as 1
and administrator of the Encina Joint System. EAA operates under an Agrec
the Revised Establishment Document (RED).
Government Code Section 6509 provides that a joint powers may adopt the
of one of its members. On June 26, 1991, the Joint Advisory Comm
recommended that the member agencies approve an amendment to the REC
permit the EAA to operate under the regulations and restrictions of a Cc
District.
As one of the six member agencies, Carlsbad needs to approve the amenc
amendment does not change the powers, duties or purposes of the Docun
rights or obligations of the member agencies. It simply makes explicit what
EAA will operate under.
The EAA attorney maintains that the current Agreement is not legally cc
requires that the Joint Powers Agency designate whether it wishes to act as
a County Water District.
Encina most recently was administered by the Leucadia County Water Distril
procedures have been established consistent with water district operation.
water districts operate with more flexibility than cities. For these reasons s
Encina Joint Advisory Committee (JAC) recommend that EAA exercist
consistent with statutes governing County Water District law.
FISCAL IMPACT:
There will be no fiscal impact as a result of this administrative amendment.
EXH I B ITS :
1. Resolution No. 9 f - RAY b
2. Letter from Encina dated July 2, 1991
t
f
1
2
3
4
5
6
7
8
9
3.0 'I.
12
13
14
15
16
17
l8
8 ' RESOLUTION NO. 91-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSQ
CALIFORNIA, AMENDING THE REVISED ESTABLISHMENT DOCUMENT F
THE ENCINA ADMINISTRATIVE AGENCY RESTRICTING THE EXERCISE
POWERS TO THE MANNER OF ONE OF ITS MEMBERS
WHEREAS, the City of Carlsbad is a party to the Revised Establishment
(RED) entered into on December 17, 1990 creating a public agency known as
Administrative Agency (EAA) to serve as the operator and administrator of the E
System, as described in the December 17, 1990 "Revised Basic Agreement For
Operation and Maintenance of a Joint Sewer System"; and
WHEREAS, Government Code Section 6509 provides that the powers exe
joint powers authority shall be subject to the restrictions upon the manner of ex(
powers of one of the contracting parties, which party shall be designated by the
and
WHEREAS, the Board of Directors of the Encina Administrative Agency ar
Advisory Committee have recommended to the contracting parties modification
to identify Leucadia County Water District as the party to be designated; and
WHEREAS such modification does not change the powers, duties or purF
RED or of the Encina Administrative Agency, or the rights or obligations of the
I
19
20
21
22
23
24
25
26
27
28
1 parties; and
WHEREAS, the City Council of the City of Carlsbad, California desires to aF
designation;
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. That the above recitations are true and correct
2. That the Revised Established Document of December 17, 1990 shall k
by adding Section 2.3.16, to read:
"2.3.1 6 The powers enumerated herein shall be exercised
subject to the restrictions upon the manner of exercising the
powers of the Leucadia County Water District pursuant to the
County Water District Law (Water Code 30000 et seq.)."
4
1
2
3
4
5
6
7
8
9
10
'x
12
13
14
15
16
17
18
19
0 8
3. This amendment shall be effective as of the date it is executed by all tt -
agencies.
4. This resolution shall be forwarded to the EAA immediately upon its ad(
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 6th day of August, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Stant
NOES: None
ABSENT: Council Mem
ATTEST:
fl&nL.. RR-
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
2o
21
22
23
24
25
26
27
28
I I
ENCINA 0 al
WATER
POLLUTIOU ENCINA WATER POLLUTION C:ONTRaL!m CONTROL
FACILITY Operated by the Encina Administrative Agency, A$up@+t%2
1O""l" L@#T$&w$& I- wrih San D 4p
July 2, 1991 Carlsbad, CA 92
Telephone (61 9
:Q
Ref:
City of Carlsbad
2075 Las Palmas Carlsbad, CA 92009
Attention: Mr. Lloyd Hubbs
Subject: Amended Revised Establishment Document
On June 26, 1991, the Joint Advisory Committee (JAC) recommc
the member agencies approve an amended Revised Establis1
Document designating that the Encina Administrative Agency (
exercise its powers as a County Water District. The atti resolution has been drafted by EAA counsel for use by the mc
agencies.
Please schedule this document for your board/council executic
soon as possible and return an executed copy to us.
After we have received all six signed copies, we will mail c
final amended document to all member agencies.
If you foresee any problems, or require any additional informat please do not hesitate to call myself or Mr. Roy Coox, Enc: Administrative Manager.
Very truly yours, -7 Richar General W. M G ager ff
RAC: RWG: am Attachment
SERVING THE CITY OF VISTA, CITY OF CARLSBAD BUEYA SANITATION DISTRICT, VALLECITOS WATER DISTRICT
LEUCADIA COLYTY WATER DISTRICT AND €\CIVITAS SANITARY DISTRICT