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HomeMy WebLinkAbout1987-05-12; City Council; Resolution 90581 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. 9058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE THIRTY-FOURTH SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT AMENDING SUBSECTION 4 OF SECTION 17.2 OF THE BASIC AGREEMENT ESTABLISHING VOTING PROCEDURES. WHEREAS, this City is a party to the Encina Joint Powers Basic Agreement for the construction, operation and maintenance of the Encina Water Pollution Control Facility; and WHEREAS, the existing agreements require a minimum of one representative and one alternate to vote on issues affecting the treatment plant (Unit 1) or the ocean outfall (Unit J); and WHEREAS, the absence of two representatives has from time to time resulted in non-action or delayed action by the Joint Advisory Committee; and WHEREAS, the Joint Advisory Committee wishes to prevent such delays and to clarify voting priorities; and WHEREAS, the Joint Advisory Committee has considered and unan mously approved the Thirty-Fourth Supplement attached hereto and made a part hereof; and WHEREAS, it is in the best interests of this City to autho- rize execution of said Thirty-Fourth Supplement to the Basic Agreement. 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. That the Mayor of this City be, and is hereby, autho- rized to execute the Thirty-Fourth Supplement to the Encina Joint Powers Basic Agreement establishing voting procedures for the 1 /Q b 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Advisory committee. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of May , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES : None ABSENT : None ATTEST : (SEAL) 2 THIRTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT AMENDING SECTION 17.2 THEREOF AND AMDENDING SECTION 18 OF THE ELEVENTH SUPPLEMENT TO CHANGE VOTING REQUIREMENTS FOR MEMBERS OF ,THE JOINT ADVISORY COMMITTEE This Thirty-Fourth Supplement is made and entered into this day of , 1987, by and between the CITY OF CARLSBAD, a Municipal Corporation (hereafter "CARLSBAD"), CITY OF VISTA, a Municipal Corporation (hereafter "VISTA"), BUENA SANITATION DISTRICT, a County Sanitation District (hereafter llBUENA1l 1, SAN MARCOS COUNTY WATER DISTRICT , a County Water District (hereafter "SAN MARCOS") , LEUCADIA COUNTY WATER DISTRICT, a County Water District (hereafter "LEUCADIA"), and ENCINITAS SANITARY DISTRICT, a Sanitary District (hereafter "ENCINITAS" 1. I RECITALS A. The parties hereto are parties to a written agreement for construction and operation of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY (hereinafter Basic Agreement). Said Basic Agreement has been modified and supplemented from time to time by written agreements executed by the parties to said Basic Agreement. B. Section 17.2 of the Seventh Supplement to the Basic Agreement provides in part that: "The total vote of all members of the Joint Advisory Committee shall be 100%. When voting on a matter involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each inember shall have a percentage of vote equal to one-half of the percentage capacity of the party he represents in the unit involved. Where a representative of a party to this Agreement is temporarily absent, his alternate shall cast the vote of the absent representative." (Emphasis added). -27- 4 C. The mandatory language of Section 17.2 quoted above and I the unavoidable absence of duly appointed members of the Joint Advisory Committee and their respective alternates, has from time to time resulted in non-action or delayed action by the Joint Advisory Committee. D. By virtue of the foregoing, it is in the best interests of all members of the Joint Powers to amend said Section 17.2. E. In order to prevent or a delay action by the Joint Advisory Committee it is necessary that at those meetings where only one duly appointed member or alternate is present, such members or alternate have the authority to vote for that member of the Joint Powers appointing said member or alternate. F. This Thirty-Fourth Supplement to the Basic Agreement is made pursuant to the provision of Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California, commencing with Section 6500 relating to the exercise of powers common to all public agencies; in this case being VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA, and ENCINITAS, each of which is authorized to contract with others pursuant thereto. . NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: Subsection 4 of Section 17.2 of the Basic Agreement,, as modified by the Seventh Supplement to the Basic Agreement is hereby amended to read as follows: "To render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by.the governing bodies of the parties to this Agreement from time to time." - 28- e e *'The total vote of all members of the Advisory Committee shall be 100%. When voting on a matter involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the party he represents in the Unit involved. Where only one member is present, said member shall have a percentage of vote equal to the total percentage of capacity of the agency he/she represents. At any meeting where no regularly appointed member is present, each alternate of such regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the agency he/she represents. Provided, however, at any meeting where any member-agency of the Joint Powers is represented by only one alternate, said alternate shall have a percentage of vote equal to the total percentage of the capacity of the agency he/she represents. llThe recommendations of the Joint Advisory Committee shall be advisory only." "The administrator shall provide supplies and clerical and secretarial help for the Joint Advisory Committee G shall pay each representative (or alternate who attends a meeting by reason of the absence of a representative) an attendance fee of Twenty-Five Dollars ($25.00) for each meeting of the Joint Adviosry Committee, provided that the maximum payable hereunder to any one person is Fifty Dollars ($50.001 for each calendar month. The costs of such supplies and help and attendance fees, shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid monthly. *' SECTION 2: Section 8 of the Eleventh Supplement to the Basic Agreement is hereby amended to read as follows: "Section 18: Each report and recommendation of the Joint Advisory Committee permitted by Section 7 of the Seventh Supplement to the Basic Agreement shall be considered as having been made by all parties hereto when made to the operator by said committee upon a majority vote of said committee based upon the voting rights of each member of the committee as follows: "TO render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of the parties to this Agreement from time to time." -29- 0 "The total vote of all members of the Joint Advisory 1 Committee shall be 100%. When voting on a matte; involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the party he represents in the Unit involved. Where only one member is present, said member shall have a percentage of vote equal to the total percentage of capacity of the agency he/she represents. At any meeting where no regularly appointed member is present, each alternate of such regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the agency he/she represents. Provided, however, at any meeting where any member-agency of the Joint Powers is represented by only one alternate, said alternate shall have a percentage of vote equal to the total percentage of the capacity of the agency he/she represents. I' "The recommendations of the Joint Advisory Committee shall be advisory only." "The administrator shall provide supplies and clerical and secretarial help for the Joint Advisory Committee, and shall pay each representative (or alternate who attends a meeting by reason of the absence of a representative) an attendance fee of Twenty-Five Dollars ($25.00) for each meeting of the Joint Adviosry Committee, provided that the maximum payable hereunder to any one person is Fifty Dollars ($50.00) for each calendar month. The costs of such supplies and help and attendance fees, shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid monthly." SECTION 3: This Agreement may be executed in counterparts, and upon its execution thereof by the parties hereto, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto, pursuant to the resolution passed and adopted by the respective governing body has caused this Thirty-Fourth Supplement to the Basic Agreement to be executed by its respective official heretofore duly authorized by the legislative bodies thereof. W 0 Approved by Resolution , No. on v , 1987. Approved by Resolution No. 9058 on May 12 , 1987. Approved by Resolution No. on , 1987. 1 Approved by Resolution 0 CITY OF VISTA, BY: Mayor BY: LEUCADIA COUNTY WATER DISTRICT, BY: President BY: Secretary SAN MARCOS COUNTY WATER DISTRICT, No. on , 1987. BY: President BY: Secretary Approved by Resolution No. on , 1987. Approved by Resolution No. on , 1987. BUENA SANITATION DISTRICT, BY: President BY: Secretary ENCINITAS SANITARY DISTRICT, BY: President BY: Secretary -31-