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Home My WebLink About2000-02-08; City Council; 15611; Encina Wastewater AuthorityCITY OF CARLSBAD - AGENUA BILL AB# 6 6 11 TITLE: @ii MTG. 2-8-- AMENDMENT OF THE REVISED BASIC AGREEMENT FOR CITYATTY. & ’ THE ENCINA WASTEWATER AUTHORITY REGARDING DEPT. P.W. M 8 0 MEETINGS OF THE JOINT ADVISORY COMMITTEE CITY MGR. RECOMMENDED ACTION: Adopt City Resolution No. aa@-# approving an amendment of the Revised Basic Agreement for the Encina Wastewater Authority regarding meetings of the Joint Advisory Committee. ITEM EXPLANATION: On July 28, 1999, the Board of Directors of the Encina Wastewater Authority (EWA) and the Joint Advisory Committee recommended to the Member Agencies a modification of the Revised Basic Agreement to allow the Joint Advisory Committee (JAC) to hold its meetings at least once per year, rather than at least once per month. The amendment does not preclude additional meetings as frequently as may be necessary, but is consistent with the EWA Board of Directors intent to eliminate the requirement that the JAC meet monthly. The amended Revised Basic Agreement supersedes all prior versions of the Revised Basic Agreement. A similar provision will be included in all future Revised Basic Agreement Amendments. FISCAL IMPACT: Some cost savings associated with the elimination of redundant JAC meeting agendas. There is no other fiscal impact as a result of this action. EXHIBITS: 1. City Resolution No.dOo@ %approving an amendment of the Revised Basic Agreement for the Encina Wastewater Authority regarding meetings of the Joint Advisory Committee. 2. Document titled, “Amendment To Revised Basic Agreement To Reduce Required Number of Joint Advisory Committee Meetings.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-46 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AMENDMENT OF THE REVISED BASIC AGREEMENT FOR THE ENCINA WASTEWATER AUTHORITY REGARDING THE FREQUENCY OF REGULAR MEETINGS OF THE JOINT ADVISORY COMMITTEE WHEREAS, the City of Carlsbad is a member agency of the Encina Wastewater Authority, a joint powers authority, and is a signatory to the Revised Basic Agreement (“RBA”); WHEREAS, on July 28, 1999, the Board of Directors of the Encina Wastewater Authority and the Joint Advisory Committee recommended to the member agencies a modification of the RBA to allow the Joint Advisory Committee to hold its meetings at least once per year, rather than at least once per month, WHEREAS, the City Council of the City of Carlsbad desires to approve such an amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: Section 1. That the above recitations are true and correct. Section 2. That Section 11.4.1 of the Revised Basic Agreement (“‘RBA”) shall be amended in its entirety as follows: “11.4.1 Regular Meetings. The JAC shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shall be established by the JAC.” Section 3. That the above amendment to the RBA shall be approved as of the date that it is adopted by all member agencies, and shall be effective as of September 1, 1999. Section 4. That the amended RBA shall supersede all prior versions thereof. Section 5. That the Mayor is hereby authorized and directed to execute those documents necessary to amend the RBA as provided for in this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 Section 6. That the City Clerk of the City of Carl&ad is hereby directed to forward a certified copy of this resolution to the Encina Wastewater Authority forthwith. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 8th day of February 2000, by the following vote: AYES: NOES: ABSENT: PC RESO NO. Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin. None. None. ATTEST: (SE=) -2- .: . - Amendment To Revised Basic Agreement To Reduce Required Number of Joint Advisory Committee Meetings Ref: FgHR.99-4225 This Amendment changes the Revised Basic Agreement, as approved August 12, 1998 by and among the City of Vista, the City of Cartsbad, the Buena Sanitation District, the Vallecitos Water District, the Leucadia County Water District, and the City of Encinitas, (collectively, the “Member Agencies’) to be effective as of September 1,1999. It is agreed: 1. Section 11.4.1 of the Revised Basic Agreement shall be amended to read: 11.4.1 Regular Meetings. The JAC shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shall be established by the JAC. 2. Upon approval of this Amendment by all of the Member Agencies, pursuant to resolution duly passed and adopted by their respective governing bodies, the Revised Basic Agreement, shall be deemed amended. 3. The Encina Wastewater Authority shall then cause to be circulated for execution by a duly authorized representative of each of the Member Agencies, the Revised Basic Agreement, as so amended, which shall supercede all prior versions of the Revised Basic Agreement. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing body caused this Amendment to be approved as of the day and year first above written. City of Vista Attest: City of Cads-bad By: Attest: Buena Sanitation District By: Attest: 017.122667.1 ’ . I - Amendment To Revised Basic Agreement To Reduce Required Number of Joint Advisory Committee Meetings Ref: F8HR.994225.2 Vallecitos Water District %y: Attest: Leucadia County Water District By: Attest: City of Encinitas 8y: Attest: March 14,200O TO: ISABELL PAULSEN FROM: MARIE GOFFREDO ENCINA - REVISED BASIC AGREEMENT Hi Neighbor, Patty (who I don’t think is there any longer) had been requesting a copy of the attached. The Council approved and signed the resolution on 2/S/00. Attached is a signed copy of the agreement with the other agency signatures. Thank you. ENCINA WASTEWATER AUTHORITY A Public Agency March 1‘2000 6200 Avenida Encinas Carlsbad, CA 92009-1095 Telephone (760) 438-3941 FAX (760) 438-3861 (Plant) (760) 431-7493 (AdminI Ref: Admin.008414 Carlsbad Municipal Water District 5950 El Camino Real : Carlsbad, California 92008 MAR 32w]o “: i 4 Attention: Mr. Robert Greaney, General Manager . .-. ------..-d I ,\. ,. .; ,, :; ~‘,..“--.r.5 I j /: : ..,__ -.,; -L -.k.-..,;lh~ .,--,X1._r- SUBJECT: Amendment to the Revised Basic Agreement Attached is an executed copy of the revised Amendment to Section 11.4.1 of the Revised Basic Agreement. The Amendment changes the frequency of mandatory JAC meetings and became effective February 8,200O. If you require additional information please do not hesitate to call me. Very truly yours, Director of Administration AM:KMH:am Attachment CC: Mr. Greg Moser Agreement File SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER LEUCADIA COUNTY WATER DISTRICT AND CITY OF ENCINITAS Printed on Rrc\cled Pap . . ‘. . . - Amendment To Revised Basic Agreement To Reduce Required Number of Joint Advisory Committee Meetings Ref: FaHR.994225 This Amendment changes the Revised Basic Agreement, as approved August 12, 1998 by and among the City of Vista, the City of Carlsbad, the Buena Sanitation District, the Vallecitos Water District, the Leucadia County Water District, and the City of Encinitas, (collectively, the “Member Agencies”) to be effective as of September 1, 1999. It is agreed: 1. Section .l 1.4.1 of the Revised Basic Agreement shall be amended to read: 11.4.1 Regular Meetings. The JAC shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shall be established by the JAC. 2. Upon approval of this Amendment by all of the Member Agencies, pursuant to resolution duly passed and adopted by their respective governing bodies, the Revised Basic Agreement, shall be deemed amended. 3. The Encina Wastewater Authority shall then cause to be circulated for execution by a duly authorized representative of each of the Member Agencies, the Revised Basic Agreement, as so amended, which shall supercede all prior versions of the Revised Basic Agreement. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing body caused this Amendment to be approved as of the day and year first above written. City of Vista By: Attest: City of Carlsbad Attest: Buena Sanitation District 017.122667.1 Attest: -l- - RESOLUTION NO. 99- 12 A RESOLUTION OF THE BUENA SANITATION DISTRICT ; :- . APPROVING AIMENDMENT OF THE REVISED BASIC AGREEMENT : i-l FOR THE ENCNA WASTEWATER AUTHORITY REGAR.Kjpc;.; 2 ,? MEETINGS OF THE JOINT ADVISORY COMMITTEE ;,, - y , ,.C_ I.. ~ i.’ * r - _ ’ ;-,; I:;;;;:,;;; --.-.lr. f WHEREAS, the Buena Sanitation District is a member agency of the Encina Wastewater Authority, a joint powers authority, and is a signatory to the Revised Basic Agreement (“RBA”); and WHEREAS, on July 28, 1999, the Board of Directors of the Encina Wastewater Autority and the Joint Advisory Committee (“JAC”) recommended to the member agencies a modification of the RJ3A to allow the Joint Advisory Committee to hold its meetings at least once per year, rather than at least once per month; and WHEREAS, the Board desires to approve such an amendment. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. It is hereby agreed that Section 11.4.1 of the Revised Basic Agreement (“RBA”) shall be amended as follows: 11.4.1 Regular Meetings. The JAC shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shall be established by the JAC. 3. It is further agreed that the RBA shall be approved as of the date it is adopted by all the member agencies, and shall be effective as of September I, 1999. The amended RBA shall supercede all prior versions thereof. 4. The Chairperson is hereby authorited and directed to execute the Amendment Signatory Form attached herein as Exhibit “A” necessary to amend the RBA. 5. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Encina Wastewater Authority forthwith. PASSED AND ADOPTED by the Board of Directors of the Buena Sanitation District, at a meeting held on the 121h day of October 1999, by the following vote: AYES: MCCLELLAN, COOKE, COLE, RITTER, ESTES NOES: NONE ABSTAIN: NONE APPROVED AS TO FORM: J. Wayne Demetz, District Counsel By: GLORIA E. McCLI?LL‘AN, ChaifperTon ATTEST: Jo Seibert, Clerk of the Board foregoing Resolution is a true No. 99-12 adopted by the Buena Board on 10/12/99. of perjury that copy of Resolutic Sanitation Distr; - RESOLUTION NO. 99- 18 4 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, APPROVING AMENDMENT OF THE REVISED BASIC AGREEMENT FOR THE ENCNA WASTEWATER AUTHORITY REGARDING MEETINGS OF THE JOINT ADVISORY COMMITTEE WHEREAS, the City of Vista is a member agency of the Encina Wastewater Authority, a joint powers authority, and is a signatory to the Revised Basic Agreement (“RBA”); and WHEREAS, on July 28, 1999, the Board of Directors of the Encina Wastewater Autority and the Joint Advisory Committee (“JAC’) recommended to the member agencies a modification of the RBA to allow the Joint Advisory Committee to hold its meetings at least once per year, rather than at least once per month; and WHEREAS, the City Council desires to approve such an amendment. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 3 -. It is hereby agreed that Section I 1.4.1 of the Revised Basic Agreement (“RBA”) shall be amended as follows: 11.4.1 Regular Meetings. The JAC shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shall be established by the JAC. 3. It is further agreed that the RBA shall be approved as of the date it is adopted by all the member agencies, and shall be effective as of September 1, 1999. The amended RBA shall supercede all prior versions thereof. 4. The Mayor is hereby authorized and directed to execute the Amendment Signatory Form attached herein as Exhibit “A” necessary to amend the RBA. 5. The City Clerk is hereby directed to forward a certified copy of this resolution to the Encina Wastewater Authority forthwith. PASSED AND ADOPTED by the City Council of the City of Vista, California, at a meeting held on the 1 Zth day of October 1999, by the following vote: AYES: MCCLELLAN, COGKE, COLE, RTTTER, ESTES NOES: NONE ABSTAM: NGME GLORIA E. MCCLELLAN, Mayor APPROVED AS TO FORM: J. Wayne Demetz, City Attorney By: ATTEST: Jo Seibert, City Clerk i , By: <i A[, rider penalty of perjury !hat /) I !, Vista City Council an Jo Siebert. City Clo:k ‘. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Section 6. That the City Clerk of the City of Carlsbad is hereby directed to forward a certified copy of this resolution to the Encina Wastewater Authority forthwith. -- PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 8th day of February 2000, by the following vote: AYES: NOES: ABSENT: Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin. None. None. ATTEST: (SEAL) PC RESC) NO -3- . . ‘* * - i.. , AYES: Humphreys, Hanson, Juliussen and Sullivan NOES: None ABSE?JT: Kulchin AE3STAIN: None + L *- ’ - - PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8* day of September, 1999 by the following vote, to wit: AYES: Bond, Cameron, DuVivier, Guerin, Holz NOES: None ABSENT: None ABSTAIN: None ATTEST: I, D&!&-I Ce!WIe. cii &xk Of tit9 m{ Of EC&Ii% Cz!ifomia 00 hWeby Eewy id81 W@ d oSriu;*, W ttleabwendbr~kebuePndcamtECW01 tMc!.mJmentontiblibmyofb. tnwi(nersd, G:LSR\EWA-JAC.doc - \ , ,: Resolution No. 1089 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Directors held on the 1” day of September 1999 by the following roll call vote: AYES: Cruz, Davy, Ferguson, Mason, Thielen NOES: ABSTAIN: ABSENT: Dale Mason, President Board of Directors Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District