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HomeMy WebLinkAbout1977-07-05; City Council; Resolution 51391 2 3 4 5 6 7 8 9 10 11 12 (3 a 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5139 A RESOLUTION OF THE CITY COUNCIL OF THE A JOINT POWERS AGREEMENT TO ESTABLISH THE SAN DIEGO REGION WATER RECLAMATION AGENCY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. CITY OF CARLSBAD, CALIFORNIA APPROVING The City Council of the City of Carlsbad, California, does .ereby resolve as follows: 1. That that certain joint powers agreement to establish .he San Diego Region Water Reclamation Agency, a copy of which is ittached hereto marked Exhibit "A" and made a part hereof, is iereby approved. 2. That the Mayor of the City Of Carlsbad is hereby authorized md directed to execute said agreement for and on behalf of the :ity of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 5th day of July , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT: None ATTEST : (SEAL ) A EXHIBIT A to Resolution No. 473 9 . 3/30/77 * JOINT POWERS AGREEHENT CREATING I SAN DIEGO 'REGIOS WATER RECTANATION AGENCY i 'I 'L Page RECITALS 1 AG RCEME NT ARTICLE I : CREATIO:?, POWERS AND PURPOSES 4 2 2 Section 1. Agency Created 2 Section 2. Common Posders And Purposes of Agreement . 2 2.1 Common Powers 2 2.2 Purposes of Agreement 2 2.3 General Powers 3 ARTICLE XI : &EMBERSHIP I1.I AGENCY # Section 3, Membership 4 Section 4 , Withdrawal Of fslcnibersliip 4 - Section 5. Non-X-iurtber Participants 5 ARTICLE 111: BOARD OF DIRECTOXS &dD OFFICERS 5 Section 6. Board of Directors 5 Section 7. Designation Of Directors 5- Section 8. Principal 'Office 6 Section 9. Meetings Of Board Section 10, Quorum Of Board Sectibn 11. Voting Of Board - Section 12, Officers 7 4 12.1 Chairperson 7 .. 12.2 Vice Chairperson .7 *,.. 12.3 Secrctary 7 12.4 Treasurer 8 12.5 Auditor 8 Section 13. Official Donds ARTICLE IV : ~~IANAG~i-IEIJ'L" CC;:*II.iITTEE Sectiori 15. hianageiacrit Connittee Section 16. Section 17. Keetings ),Of Committee Purpose Of P,lanagcnent Cormittee Section 18. Quorum Of Committee . a Section 19. Voting Of Conmittee Section 20. Officers Of Committee ARTICLE V: EUDGETS AND ASSZSSI4ENTS Section 21. Section 22. Section 23. fa) (b) Section 24. Section 25, Section 26. Section 27. Section 28. Section 29. Section 30. I General Budget Project Budgets Faiiure Of Approval Of Budget General Budget Project Budget I Expenditures For Approved Budget Payment Of hrnounts Due Reimbursement Of Funds Assessinent Procedure First Assessment Accounting Procedures Fiscal Year . Section 31. Allocation On Books Section 32. Distribution On Ternination .. Of Agency Paqc 10 # 10 10 11 11 13 13 13 14 14 -- 14 15 16 17 17 i . ,. TABLE OF CO;UTC:\:’f’S (cont iiiu~d 1 Section 34. Term Section 35. mendmend Section 36. Rescission Or Termination . I c Page 17 - * 16 18 18 18 t ... . !, ?;,, ’ , * This agreement is made and entered into by and between the parties signatory hereto, anf is effective July 1, 1977. A. The parties to this agreement are public agencies authorized and empowered to coptract for the joint exercise of powers under Article 1, Chapter 5, Division 7,-Title 1 (conunencing with Section 6500) of the Government Code of the State of Californis, (hereinafter referred to in this agreement ,as "the Act"). B. There is a need to c'onduct studies of means of water reclanation and to establish a coordinated water reclamation study center to zdvance the technology of water reclxnation, water management and the reuse of waste water for the benefit of each of the parties hereto. The parties can best accomplish that purpose in the manner set forth in I this agreement. i 'i NOW, TIIEZPORE, for and in considercition of tlic mutual promises and covenants herci:I contained, the partics hereby agree as follows: ARTICLE I : CRZATIOX, Po;;".~ AI^ PURPOSES - Section 1. Agency Created. Thexe is hereby created a h pilblic entity to be knowrr as the "SAlJ DIEGO FEGION WATER RECLAMATION AGENCY" as the "Agency"). (hereinaf kcr referred to in this agrecrncnt The Agency is formed by this agreement pursuant to the provisions of the Act, ar.d it shall be a public entity separate ar,d apart fro2 thc parties hereto. Section 2. 2.1. Co:nmon Powers. Each party hereto has in commor? CoLnnon Poxers And Purposes Of Agreement the power to acquire, construct and operate facilities for the collection, treatment and disposal:of sewage and other - waste products including the reclamation of waste water, and 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 facilit'ies in connection therewith. 2.2. Purposes Of Agreement. The object of this agreement - is to exercise said powers for the following purposes: to jointly study the nethods and technology of water reclamation, water management and the reuse of waste water; (2) to establish (1) -_ one or more centers for the conduct of such studies; (3) to experiment, test and apply in an operational setting . -2- aclvanccd tcxhniqucs for the rcc:lznation and reuse of water; and (E,) to develop water rcclnmation plans and programs that may be adopted by thc parties hereto for usc and appli- (I cation within their respective jurisclic tions. 2.3. General Powers. ~hq Agency shall have the powers 11 cormon to the parties set forth in Section 2.1 hereof as limited by this agreement. The Agency is hereby authorized in its own name to do all acts. necesszry, convenient or appropriate for the exercise of said cormon poxer including any or all of the folloxing: (a) to exercise jointly the conmon powers of its members set forth above; (b) to make and enter into contracts, including i agreements with one or more of the parties hereto and with other public agencies; (c) to employ agents and employees; (d) to contract for the services of enghecrs, attorneys, -- _c financial consultants aiid such sthe:- deems necessary; _- c perscr~s as it L (e) to acquire, construct, manage, maintain and operate any buildings , works or improvements ; (f) to acquire, hold and dispose of property; (9) to incur debts, liabilities or obligations; (h) to sue and be sued in its own name; (i) to apply for appropriate grant or cjrmts undcr any federal, statc or local program for zssistance in carrying out the purposes of this agrecmcnt; i I ,. , to rccme. gifts, contributions e donations of property, funds, services and other forms of assistance from any person, firm, corporation or governmental entity, provided that any such gifts, contributions or donations are consented to by the Agency. (k) mitted by law. Such powers shall be exercised in the manner provided to invest money of the Agency in investments per- ;1 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 XI: HEXBEEISHIP Iri 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, aiiendment or supplement thereto, and which has not, pursuant to the provisi-ons hereof, withdrawn therefrom in the manner provided in this agreement, A public agency that has as its govern&cj _- - - - --- ,body the Board of Stqervisors of the County of San Diego shall not be cligible*to become a separate member of the I Agency; however, the County of San Diego, acting on behalf of itself and of said public agencies, may become a single member of the Asency, in the manner provided in this section, I Section 4. Withdrawal Of Membership. Any member of the Agency shall have the right to withdraw its membership -4- i I. . ,. upon serving written notice -of intc.nti.or. thereof on all other ncmhers on or bcforc I*iay 1 of any ycar, effective on July 1 following, provided, howcver , that no withdrawal shall relieve the withdrawing public agency from financial. obligations theretofore incurred by it hereunder, nor shall withdrawal deprive such former dember of any right to continue participation, to the extent feasible, as to any project for which. it is financially obligated. . Section 5. Non-1-lenber Participants. The Board of - Directors may provide for the participation of other affected agencies as non-voting participants on such terms and conditions as it may establish, ARTICLE 111: BOARD OF DIRECTORS AKD OFFICERS Section 6. Board Of Directors. The governing body of the Agency shall be know3 as the "BszrZ of Directors r,f the San Diego Region Water Reclamation Agency," (hereinafter - referrec? to in ,- . Ll?IS. agreement as "the board") . The powers and functions of the Agency shall be exercised -._ - _. 5:: and through the board, and all voting powers shalf. reside in the board. 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 member of the Agency shall also designate and appoint, by resolution of its governing body, one altcrnatze .. I -5- director wlio shall )IC an elccteci offic.i.al of the member of the Aycncy 2nd who nay assumc all rigilts and duties of the director appohtcd by the ncnbcr of the Agency vihcn said director is absent. Each director and alternate shall hold office at the pleasure of the governing body of the appointing member, and may be removed at any tine, with or withoat cause, in the sole discretion of said member's governing body. Section 8. Princip2.l Office. The principal office of the Agency shall be established by resolution of the hoard in the County cf San Diego. The board nay change by resolution . said principal office from one location to another-in the County of San Dieyo. Section 9. Meetings Of Board. The board shall meet at least semi-annually at silch tines 2s it nay Zetc-rxine. date, hour and place of holding of regular meetings shall be fixed by resolution-02 the board. The All meetings of the board, including rcgulzr, adjoilnei: regular. izd .s?ccial meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph b?. Brown Act (coimencing with Section 54350 of the Government Code) . .. Section 10. Quorun Of Board. A niajority of the directors shall cons.titute a quorum for the transaction of business. Section 11. Voting Of Board. Each director shall have one vote, and thc vote of a majority of the directors prcscnt -6- I .. at any meeting @tended by a quorum necessary to determine any motion, proposition or resolution presented, A director shall not be disqualified from participating in a decision or voting upon a contract, lease or other transaction with the member of the Agency which appointed him to the board. * Section 12, Officers. 12.1. Chairperson. The bbard shall elect one of its members as Chairperson. The Chairperson's term of office shall .be one year or until a successor qualifie's and takes office. The Chairperson of the board shall preside at its meetings and shall perfom such other duties as are specified by the board, The Chairperson may be removed at any time and without cause by a majority of the total membership of the board, 12.2. Vice Chairperson. The board shall elect one of its meiitbers as Vice Chairperson. of office shall be one year ox until a successor qualifies and takes office. The Vice Chairperson shall perform all the duties of the Chairperson in the absence of the Chairperson or in the-event of the Chairperson's inability to perform such 6uties. without cause by a majority of the total membership of the board. The Vice Chairperson's term / _. . _. The Vice chairperson may be removed at any time and .12.3. Secretary. The Secretary of the Agency shall he appointed by the board and shall serve at the pleasure of the board, The Secretary shall not be a member of the board, The Secretary shall be responsible for the minutes and other records of the proceedings of the board and shall pcrform sucli other ilutics as' arc specified by the board. 12.4. - Trcasurcr. .------- The TL-casurcr of the Agency shall bc the Treasurer of Padre Dm MunicipaI tI(2tcr District serving ex officio 2s Treasurer of the rigcncy. Thc Treasurer shall have custody of all oE the mo:?cy and funds of the Agency, from whatever source, and shall: h (a) and place it in the Padre I)am Municipal Water District receive and receipt for all money of the Agency treasury to the credit of the Agency; (b) be responsible upon his or her official bond for the safekeeping and dfsbursezent of all. F.gency moneys so held; (c) money, or any portion thereof, upon warrants of the Auditor of the Agency; t pay any sums due fron the Agency from Agency (a) verify and report in writing on the first day of July, October, January and April of each year to the -- -- Agency and to each membcr of the Agency the mount of money he or shs k:olds for the Agency, the amount of --- __ receipts since his or her last report, and the amount paid out since his or her last report; and (e) perform such other duties as are specified by the board or as may be required by law. 12.5. Auditor/Controller. The Auditor/Controllcr of the e,. Agency shall be the Auditor of Padre Dam Municipal Water District serving e>t. officio as Auditor/Controller of the -8- / .- __ .. . -. -, . , . .. . ._ , _. . . , I Aycncy . The Au~~itor/Con~roller shall. establish arid maintain such accounts.. books and records as may be required by good accounting practice and he or she slml.1 perform such other duties as are specified by the board. There shall be strict accountability of all funds and reports of all receipts disbursed. shall be opened to inspection at all reasonable times by The accounts, books and records of the Agency .representatives of any rnember of the Agency and by members of the public. The Auditor/Controller shall draw warrants to pay dcmands against the Agency in accordance with pro- and records of the Agency. The minirtium requirements of audit shall be those prescribed by the State Controller ~ .- special districts under SectCon 26909 of the Government -_ . the for Code and shall conform t=, 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 of the County of San Diego and with any other county auditor of any - I county in which any inember of the Agency is located. reports shall be filed within 12 months of the end of the Such cedures approved by the board. signed by such officers or members of the board as the board may designate. The Auditor/Controllcr , wit11 the approval of the board, shall contract vith a certified public accountant or a public accountant to make an annual auhit of the accounts Said warrants shall be fiscal year under examination. I -9- , ,. Section 13. Official Bonds. The public officcrs -- --- herein dcsignatcd as the persons rcsponsib1.c for any moncyr; of the Aycncy , to wit, the Auditor/Contrcllc~r and ?'rc;lsulrcr, - are hereby also designated as the persons responsiblc for all other property of the Agency. The Auditor/Controller shall file an official bond in the. amount of $10,000, and it the Treasurer shall file an official bond in the amount of $10,000. Any officer designated by the board to sign warrants of the Agency shall file an official bond in the aincunt of $10,000. All bond premimis shall be paid by the Agency. ARTICLE IV : IWSAGET4ENT COT*V.lITTEE Section 15. have a Management shall be entitled Management Committee. The Agency shall Committee. Each member of the Agency to one representative on' the coxmittee. ._ Each member of the Agency shall be extitied to designate an6 appoint an alternate representative on the comittee who may assume all rights and- duties of 'the representative appointed by the rrember of the Agency wher! said re;zeszntative is absent. c / _- Section 3.6'- Purpose Of Management -Committee: The purpose of the Management Coninittee shall bc to review proposals, to advise and make recommendit ions to the board and to perform such other functions as ~ay be dctcrmined by the board. -10- Section 17. Meetings Of Comini.ttce. The Managen:cnt ---- Co:rJi:j.ttcc sliall meet at least quarterly at such times as. it 4 may dctcrminc. Thc date, hour and place cf: holding of regular niectincjs shall be fixed by resolution of the committee, a All meetings of the committee, fncludiiig regular, adjourned regular and special meetings, shall be called, noticed, held and condfuctcd in accordance with the provisions of the Ralph 14. Brown Act (commencing with Section 54950 of the Government Code). Section 18. Quorum Of Comiittee. A majority of the members of the Hanagement Committee shall constitute a quoru:i for the transaction of business. Section 19. Voting Of Connittee.. Each member of the Managcment Committee shall have one vote, and the vote of a majority of the members of the comtittee present at any meeting attended by -- a-quorm shall be necessary to determine a motion, proposition or resolution presented. -- - - - Sect ;.on 20. Officers Cf Committee. The Management. Committee shall, elect one of its members as Chairperson, and may elect one of its persons as Vice Chairperson. The Secretary of the Agency shall be the Secretary of the Management Conunittee, and shall be responsible for the minutes and other records of the procccdings of the conmittee. -11- , Sccti.on 23.. General 131;c?yc"t - -- Annually, and no later than February I cjf each year, the board shall adcpt a general budget for the ensuing fiscaA year, The budget shall be prepared in stlfficient detail to constitute an operating oucline of the funds needed and the expenditures to be made h 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 expenditurss during the year so loag as the total sm authorized to be expended is not cxceeZ5d. The budget shall also set forth the contributions to Se mzde by each member of the Agency. The budget shall be ado2ted and allocated for assessment by a najority'of the voting po~err 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 . - ~ gen'eral budget, the SGard xtigy prepare one or more project budgets at any time for the study, implcmentation.or con- struction of an$ specif ic project belief iting less than all of the members of the Agency. Upon approval by the board of a' project budget, including the contributions to be made by each agency benefitted, it shall bc submitted to each benefitted member that is to be obligated for the payment of any amount -12- i . thc!rcd:~dcr. projcct ur.ti.1 thc project hudgct has been approved by each of thc proigscd pirticipating mcnhers. ri’hc iiycncy shall not incur any cxpcnsc. for the In the evcnt a project is not approved, the cost of preparing the budget shall be divided among the propoged ti participating members ‘in accordance with the proposed allocatioil of the total project cost. Section 23. Failure Of Approval Of Eudyct. (a) General Budget. If, after 120 days from the first submission of a general budget, it is riot approved by all menbers of the Agency, the consenting nenbcrs may treat the refusal of a member as a request for withdrawal from the Agency. 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. -2 The consenting members may thereafter, upon giving -- -- --- - ._ - (b) Project Budget. If, after 120 days from the first I submission of a project budget, 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 withdrawal from or nonparticipation in the project. members may thereafter, upon giving the nonconscnting The consenting -13- , ** .. mcinbcr prior written notice, proceed wit11 the adoption of a xcyriscxi budgc?t for the project, and the nonconscnting nem?wr 4 shall not. be obli.gated. for any future dcb+s of the project, nor shall it receive any future benefits therefrom. Section 24. Expenditures For Approvcd Budget. All expenditures within the designations and limitations of an approved general or project budget shall be made'in the manner authorized by the board for a general budget expenditure or by a majority of the directors of the participating rneinbers for a project busget expenditure. The total sum authori- 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 given in writing by any director that may be absent from a meeting called for the purpose of considering such excess expenditure. i - -. - Section 25. Payment Of Amounts Due. Amounts required to be paid by any nenber shall be due and-sayable 45 days after receipt of a billing from the Agency. I .. Section 26. Reimbursement Of Funds. Grant funds received by the Agency fuom,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 -14- . *. I:iCr::?,cr:; for thc funds contributed to the Agency for the purpo:;c for whick. grant money had been received I Section 27. Assessgent Procedure. General budgets shall be all-ocated and assessed qs therein set forth. project budget shall contain a schedule of assessnents to individual participating mercbers of the Agency, and said Each Jl asscssncnts in an aggregate shall be in an amount sufficient to provide for all expenditures budgeted. The budget nay provide for the contribution 04 personnel, equipment or property by certain members in lieu of monetary assesszents. Approval of any general budget or project budget by a mernber shall constitute agreement by such member to pay said assessment or contribute said personnel, equipment or property, conditioned only on-the approval thereof by all other mcntbers to whox assessments or contributions were allocated. -- ..- Section 28. First Assessment. Within 45 days after the effective date of this Ggreeiaent , each--pzrticipating member shall pay to the Agency the suh of $1,000 plus an amount equal to $100 for each 100,000 gallons, or increnent thereof, average daily sewage flow of the participating member during the month immcdi ately prior to the executior, of this agreement. - f * (For example, if a member's average . I -15- daillr ..;cw~~;c? flow is 1.7 m.g.d., it would pay $).,OD0 plus $1,700 for a total of $2,700; if the flov js .6 m.g.d., total p;ipcrit would be $1, GOO. ) a participating member that has an average daily sewaqe f’low of in excess of 10 million gallons per day shall match the total contributions of all other menbers; if more than one participating member has an average daily sewage flow in Notwithstanding the foregoing, . * h excess of 10 million gallons per d3y, such menbers shall jointly match the total contributions of all other members by paying an equal portion of said total. the total payinents of members with average daily flow of (For ex&.?ple, if less than 10 m.g.d. is $40,000, the payvent of a nextber with a flow more than 10 m.g.d, would be $40,000; if there are two such members, each would pay $20,300.) For the purposes. of this section, if the County of Szn Diego is a participating member, its average daily sewage flow shall be the total of the average daily seiqage flow of all agencies for which the San Diego County Board of Supervisors zcts-as the governing board. -- / c Section 29; Accounting Procedures. Full books and accounts shall be niaintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for -1C- I -D like public entities. In particular, the Auditor’and Treasurer shall comply strictly with the requirements of the statute governing joint powers agencies. I Section 30. Fiscal YcGr. - 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. ii ARTICLE VI : PROEFERTY RIGKTS Section 31. Allocation On Books. To the extent that ., any funds received from any member of the Agency arc used for the acquisition or construction of assets, the sanie shall be allocated annually on the books of the Agency to the credit of said contributing member. Section 32. Distributeion On Termination Of Agency. Upon termination or dissolution of the Agency herein created, the assets in possession of the Agency at such time shall be distributed in kind or sold and the proceeds thereof distributed, along with other surplus moneys, to the members of the Agency at the time of the termination as their interests appear on/ . the books of the Agency. I . Section 33. Liabilities. Any liability incurred by 1 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 liabilities -17- 0" which cannot be so allocated, they shall be discharged at the end of the 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 agreement, the debts, l$abilities and obligations of the Agency shall be the debts, liabilities or obligations of .the Eqency alone and not of the parties to thjs agreement. Section 34. Tenn. The Agency shall continue until this agreement is rescinded or terminated as herein provided. Section 35. Amendment. This agreeqent may be amended by the affirmative vote of two-thi,rds of the members of the Agency, provized that any arnendment adopted by less than unaniiious consent of the parties hereto shall not be effective until any member dissatisfied therewith has had reasonable opportunity to withdraw from the Agency in accordance with Section 4 hereof. Section 36.- Rescission Or Termination. This agreement may be rescinded and che Agency terminated by written consent of all members, provided that adequate provision has I been made to discharge the liabilities ?f the Agency. . -18-