HomeMy WebLinkAbout1979-08-07; City Council; Resolution 58581
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RESOLUTION NO. 5858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
SAN LUIS REY WATERSHED PLANNING AGENCY. MEMBERSHIP IN THE SANTA MARGARITA-
WHEREAS, the City Council of the City of Carlsbad has determined
it is necessary and in the public interest to enter into a Joint Exercise
of Powers Agreement as a member of the Santa Margarita-San Luis Rey Watershec
Planning Agency;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
That the Joint Powers Agreement attached hereto is approved.
Carlsbad 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 AMENDED
JOINT EXERCISE OF POWERS ASREEMENT
CREATING SANTA Nt4RGARITA-SAN LUIS REY
WATEKStiED PLANNING AGENCY
THIS FIRST AMENDED JOIPIT EXEFiCISE OF POWERS AGREE-
MENT CREATING SANTA N&RGARITA.-SAN LUIS riEY WATERSHED
PLANNINZ AGENCY is made and entered into as of'October 1, 1974,
by and between the parties signatory hereto *
RECl IA L C;
(a) Parties, The parties to this agreement are public agencies
authorized and empowered to contract for the joint exercise of' powers
under Article 1, Chapter 5, Division 7, Title I , of the Government
Code of the State of California.
fb) Common Powers. ^The parties hereto have and Possess
in corrimon power and authorization to protecr and preserve the
surface and subsurface water sunpl ies within their respective bound-
aries, and to make the necessary and incidental studies and
investigations, and to contract for and to ~wn, construct and operate
works and facilities it? connection therewith, including the power to
act in cooperatioi? with the State of (3alifGrnia. and the U!?iteci States
or any of their respective agencies.
.1
(c) Predecessor Agencies Heretofore 'the Santa Margarita -
Watershed Planning Agency and San Luis Rey 'flatershed Planning
Agency were formed as joint powers within their respective
watersheds for substantially the. purposes herein contemplated.
agreemect, said joint powers agencies formed a ,Joint Administration
C:o:nmittee to conduct an in-depth stiidy of water yt_ial it.). conditions
and plans tinder grants and cor?tract.-i with the United States and the
State of Cal itlornia a
By
jd) Need for' Silccessor Agency. Said joint study is now
completed and it is flow approL;riatc to fcrw, a si.ngie sticcessor agency
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p~:olic aqencies . -7% Agency shall be a pub1 ic entity separate from
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the Darties hereto.
2. Purposes -..-- and Functions. I The ourposes and functions of the
Agency shall include the following:
(a) Adopthi and LJpdatit ;g of Ftar-1. To adopt a. Water
Ouality AJanaqement PI an far the Santa Margarita and San
L~is Rcy Watersi7C"ds and to continually review, update and,
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when appropriate to modify such plan.
jh) Review of Activities for Conformance to Man. To
LI ---_ ----~
review p:an 5 ar7d proposals of Iocai pub1 ic and orivate entities
within the Saqca .V..arga:-i ta anrS Sa!? LsLjis .2ey Watersheds
reIat ive. to i:on?orv"ce thereof with such "dater Ouality
,V,,iymgerrert Pizin, and to cooperate thereby with ail amro-
(d: Infor*watior: Center. To scquire and maintain records
(e> Central Set-vices, To provide central st?r~/ices for -
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(b) To make and enter contracts;
ploy a3ents ar.d employees;
(d) To 3cquire, constrsct, manage, maintain and operate
ba i I d i ng s ~ vdo I- ks or i m prove ME nts ;
(e) To acquire, hold and dispose of property;
(?> To ii-cw ciebts, 1 iabilities or obligations;
(9) To Sce and be sc,rzd ir its owin r;ame;
(h) S01,ely wfthin S2:n [-\Ais Rey River L'Vatershed, to conduct
studies arid to con$jtrLlct works to control and conserve storm,
flood and drainage waters: provided that no physical works
for flood cantrol. or drz;.i-iage purposes shall be constructed or
rmintained except pwsi.,!ant to an approved project budget.
'2 shall be deemed to impair or restrict
in any ma:wer the exercise of my such powei-s by any member agency
in its own right, or to constitute a delegation or assii;nment of any
property or other right of any sxh ;T7ernbere
a majority of the members shall have the power or a:iti-,ority to impose
Neither the Agency nor
any duty or obliGation upor:, or eon?pel specific actions by zny member
in conforrr-ance with any ~lar! which the Agency may adopt.
hereit? enur;?er.att?d s:?all be exercised, to the extent imt hemin speci-
fically provided for, in the manrer and according to the methods
pi-ovided under the Mimicipai VVstcr Distri.ct Law.
T7-1 p~wers
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4- MeiTcbisrs;i.iD. The members of' the Ag~ncy shal.1 be each
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public ageixy which I-as executed this agreernect.
meambers may be added frmm time to tin-e, subject to prior affirmative
vote of a rnajority of the voting paver of tix Agency.
Additional qualified
cipants
of the Agei-!cy sk.11 be exercissc' by rind tbroqh the Corm-fiission.
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8. Designation OF f:omn?issioi?ers * Each member agency shaiI - -.XI~l___l
designate and apooint, by resolkition of its governing body, one Commis-
sioner and one or more slternate Chruimissioners on the Co-nmission '
Each Commissioner shalt no'id oF'frce at the pleasure of the Governing
body of the apnointii-rc entity.
9 Waeetings The C~,mn-ii:<siofl shall meet at leas1 uuar-terEy
at such time as it ma3* from time: io time establish by resolution duly
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adopted. Special msetirigs rnzy iX? calied at the reymst of the chairman
or of any tvvo members of the f:o!?-,mission. Notice of all. meetings
shall be mailed or delivered at 'teast five days pr-ior to the time
appointed for the ru-eetifig. All meetings of the Commission shall be
open to the public an6 shall be called, noticed, heid and conducted in
accordance with the Frovisions of the Ralph ivI . E3rown Act., being
Sections 53950 e+: .;ec_l;. of the Government Cod.-.
the Commission shati have one vote; provided, however, that at any
portion thereof, of 4 he allocated general b~idget exo>er-,ses FGr the
current fiscal year
matters specifically reiatec? to a particular watershed There shall be
a Santa Margarila Cc~-m~itt~e co-npo,sed of CommissionEr-s representing
members whose corporate i-joilncfarie.S or loca! water supp'iy or disposal
facilities are situzte w.;thir! i.hr Santa Margarita River Watershed I and
a corresponding San L.iiis Rey C',ommit'i'ee for Commissioners repre-
senting memkrs si:-nil.ariy sit:;nate tr~ the San L~is Rey River Viiatershed.
Decisions and actions that do cot reiate to the Wster Quality Management
Plan or its imp!ernen:ation and that affect ocly one of the b~o watersheds
shall normally be the crovince of the resoective standing committee e In
normal course standing co~mtttee actions shalt, if necessary, be
confirmed by the Commission: provided ~ that the Cornmission shall
have the fii7z.i jurisdiction tc determine when a given actior: or' decision
affects or invo'lves i he 'i,Water- Gaality Management Pi,an.
., quarterly at s ticre i:o t.irr?e establish by reso-
lution duly adc way be called at the request or'
the chairman or oi n.:e!.i?bers :r?f t're Coruirnittee. Notice of all
$3 1 r.
meetings sh3.1
the time appoir
shalt be ope:) :::> be :-a!'teci, noticed, held and
ered at ieast five (5) days prior to
Ai! veetiqgs of the Committees
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conducted in accordance with the provisions of the Raiph M, Brawn
Act, being Sections 54950, et seq. of the Govern.ment Code a
14. Quorum. A. majority of each Committee shall corlstitute
a quorum for purposes of transactior? of business of such committee.
15 ;Joting in thhe normai ccilrse. of b~siness, each member
of each such Star-idir7g i;l;om:v!ittc=e :;hal.l !?ave one vote; provided, however,
that at any time or: the demand of any ri-:ember voting shall be cm a
weighted basis with each co:r:m:ttee vember entitled to one vote of
each $1 ,C\OO, or r,ortion thereof, of toe allocated general budget
expenses for the current fiscal year.
E. PROJECT BOARDS
16. Ppojzct Boards To the extent that, after Drior approval
by the Commissiot?,, any specific project or proposed project is under-
taken which affects less than all OF the rnerrtbers of the Agency, the
Commissioners representing each OF the members who will be involved
in financing or operation OF said project area shall be and constitute
a project board of the Comm~ission for purposes of administration and
implementation of such project: .. All budget and operating decisions,
not inconsistent with the 'VVa'ter Quality Management Plan relating to
a secretary, WhG rieed not be: a n~?mbs~ sf the Cor-nmission Ths
treasurer OF the City cf' Oceansi.de shalt he the treasurer of the Agency,
to be the depository arid have cus"C0cfy of- all monies of the Agency from
whatever sou~ce, and to perl"nrr?-. all functions speciPieci in Section
6505.5 of the Govei?nment Code. The Co:mn-,lssior-i shall also select a
controller, who shall be from the same public aqency as the treasurer,
and who shall dvaw a11 \ivat-rar?& and pay all demands against the Agency
as approved by the Corniwission -
persons who are in charge of, i?andte, or have access to any property
to the Agency shall ft!e an off'icizl bond in an amount to be %xed by the
Commission a
The pub1 ic office or officers or
fri addition, the :-;.o:r;missior.c shall have the power to
of the Cornnissiot-t and shall oer-form such duties and have such powers
19. Mana.ge,r;er:t 1c e The Commission may appoint a swr?anager
and authorize the employment of SLLG~ oersa:crwl as $way seem appro-
priate.
emp'toymect cf such personnel as r73a.y seem appropriate
Any pi-ojec'r board may appoirYc a wanager and authorize the
but may
elect to use the Agency's manaResrieriCi persorinei with the consent OF
the Commission
the April meeting of the Comr-t-ission, a generat budget sl-,atl be adopted
for the ensuing fiscal year, ?%e budget shall be prepared in sufficient
detail to constitute an operat'inc outline for coctributions to be made by
members and expenditures during the ensuing year for those adminis-
trative, sttrdy and work projects of general benefit to all members of
the Agency. Said bc.idget sna7,l ?:e adorJted and allocated for assessment
I J
22 Project Budgets and Cornrnitn-en-is - Appr-oval e Each
project budget or ccicrirnit:-wnt uu;;;st be appr~~ed by, and siqa'il be deemed
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ope~ative anly upon express approval by each of the rriembers gartici-
pating in the project budget, as eviderced by a. certified copy of a
resoiutior: of its goverairig hoard
23 E Expenditurss 'vVi.thir? Apprc)ved Eadgets I All expe.t-dttures
within the c?esigr:atiovs and iimiiations of' appr~v?d general ,~r spec;ia!
project budge@ si-ali be made
Commission or the pi-oject board iv!-:ich is supervising such expenditure
No expenditures in excess of t%se btrdgeted shall. be made without the
wmnimous consent and appr~va'i of a11 members par-ticipal-icg in the
respective revised or aret?decI.l budg~t i/vhick may from time to time be
submitted.
the authoriaatisn of a wajovi.ty af the
thereof, shall be due and payable thiv-ty (30) days aMer receipt of
billing therefore from the Ager?cy a
. 26. Fiscal Year a The fiscal year or the Agency shall be fron?
July 7 to ,June 30, follovding.
maintained for the Agency in accsrdance with practi.ces established by
or consistent with those utilized by the Contraller of the State of
California for like pub1 IC entities. In owticular its controller and
treasurer shall con?pty strictly with the requirements of the statute
governing joint nowers agzncies, (3-apter 5, Division 7, Title i of the
Government Code, commzr,cit?g with Section 6590.
28 a Audit The i-ecords and accoiints of rhe kgexy shall be
audited annually by ai7 indepe1xk -it certified public accountant and copies
of such audit report si-iat! be. i'iled with the Chx-ky Auditor, the Sta-ke
each year.
30 Distribution' -..- on Termination of Agency II. e (!poi? terminition
or dissolution o? the Agency het-eir: ci-eated, the assets in possession of
the Agency at such time shall be distributed in kind or sold and the
proceeds thereof distr%butecl to the tr;emhers of the Agency at the tirne
of termination as their inter-ests appear on the books of' the Agency.
31 I Liabilit-ies. Such enforceable liabilities as may have been
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34 e Rescission or ?-errr.ir?ation This Agreement may be
rescinded and the Agency terminated by wt-.it:ten consent of ai: r~~:ember-s
at such time, provided that adeqaate provi.sio!-i has been made to
protec.t bondholders on any outst:andi~~ bonds I
IN WITVESS VWEREOF the parties hereto have executed this
Agreement as of the dziy and date herxeit?after indicated e
Date :
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FA i L BROOK SA N 1 TARY Df STRICT
ME-TRUPOLI TAN WATER DISTRICT
OF SOUTYERN CALIFURNlA
---.--- BY
CITY OF ESCONCiDO
CITY OF QCEmSIDE
BY.
PAW MUNICIPAL WATER DISTRICT
I_ ----- BY
BY .__
RIVERSIDE COUNTY FLOOD COMTROL LLW
WATER CUMSERVATION DISTRICT
---...- BY
VISTA IXRTGATlOhT DISTRICT