HomeMy WebLinkAbout1991-06-04; City Council; Resolution 91-1711
i
3
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
0 0
RESOLUTION NO. 9 1 - 17 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BY
AND AMONG SEVERAL CITIES OF THE COUNTY OF SAN DIEGO TO
CONDUCI' A SOLID WASTE DISPOSAL ALTERNATIVE ANALYSIS
WHEREAS, each party to this agreement is a municipal corporation, having
the power to do studies relating to matters of mutual concern, and
WHEREAS, each party to this agreement believes that a study needs to be
conducted that will review alternative methods of solid waste disposal, and
WHEREAS, each party to this agreement desires to jointly conduct a study of
solid waste disposal alternatives.
NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
The Joint Exercise of Powers Agreement attached hereto as Exhibit A
~ is hereby approved.
3. That the Mayor is authorized and directed to sign the Agreement on
behalf of the City of Carlsbad.
/////
/////
/////
/////
I
1
2
3
4
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 4th day of June , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, and Nygaax
NOES: None 5
6
7
8
9
10
11
12
l3
14
15
I.6
17
18
19
0 0
ABSENT: Council Member Stanton
ATTEST:
a-d g* ALETHA L. RAUTENKRANZ, City Cler
(SEAL)
I
20
21
22
23
24
25
26
27
28
I
II n. IU I\J..lLJULIUIIVLX LIU. 0 J..lAL,L L
C
JOINT POWERS AGREEMENT BY AND AMONG SEVERAL,
CITIES OF THE COUNTY OF SAN DIEGO
1. Parties. This Joint Powers Agreement, dated June 4, 1991, for the
purpose of reference only, is entered into pursuant to Government Code section 6502 by
and among the following public agencies:
City of Carlsbad
City of Del Mar
City of Encinitas
City of Escondido
City of Oceanside
Recitals. Each Party to this Agreement is a municipal corporation duly
City of Poway
City of Solana Beach
City of Vita
2.
authorized and existing under the laws of the State of California, and situated wholly or
partially within the boundaries of the County of San Diego. Each Party has the power to
do studies relating to matters of municipal concern.
The Parties believe that a study needs to be conducted that will review
alternative methods of solid waste disposal in this region.
3. Purpose. The purpose of this Agreement is to enable the Parties to jointly
conduct a study of solid waste disposal alternatives. Although each party has the right to
conduct a study separately in its own name, this would be duplicative and prohibitively
costly. Through this Agreement the Parties desire to set forth the terms and conditions
under which one Party will administer a study on behalf of all Parties; to provide for the
management and direction of such study, to provide for the allocation of study expenses;
and to set forth various other matters relating to the conduct of the study.
4. No Separate Axency Created. The Parties do not intend to create a separate
public agency through this Agreement, and no provision of this Agreement should be so
constructed.
5. Authorization to Conduct Study. By execution of this Agreement, each party
authorizes and directs that a study be conducted of solid waste disposal alternatives on
behalf of the Parties-
6. Administration of Aseement. - The administration of the activities called fol
in this Agreement is delegated to and vested in an Administrative Committee. Thf
Administrative Committee shall be comprised of: the City Managers of the cities oj
Carlsbad, Encinitas, and Vista.
1
0 0 -,
Each member of the Administrative Committee shall be, at all times, an
officer or employee of a Party to this Agreement. If any member ceases to be an officer
or employee of a Party, or if the member's agency ceases to be a Party to this Agreement,
a new member shall be promptly selected in the same manner as the or;S;lai. member. The
Administrative Committee shall select a chairperson and shall keep all Parties informed of
the composition of the committee.
The Administrative Committee is authorized and directed, on behalf of alI Parties,
to perform all acts necessary or desirable to execute and administer this Agreement
including, but not limited to: selecting and retaining a consultant to conduct the study and
supervise the work of the consultant during the course of the study..
The City of Carlsbad will contract with the consultant on behalf of the Parties as
directed by the Administrative Committee.
7. account in^ Services. The Finance Director of the City of Carlsbad shall
provide accounting services for all payments and receipts required by the terms of this
Agreement, and shall be responsible for the safekeeping of all funds paid by or to the
Pardes to th;s Agreement-
8. Obligations of the Parties. Each Party to this Agreement shall:
a. Pay, upon demand, its "appropriate share" of all expenses incurred in
the performance of activities called for by this Agreement.
The "appropriate share" of each Party shall be calculated as follows:
One Hundred percent (100%) of all expenses shall be apportioned
among all of the Parties with each such Party bearing the same percentage of those
expenses which the Party's population bears to the total population of the Parties to this
Agreement. The allocation of expenses shown in Exhibit A attached hereto and made a
part hereof.
b. Upon execution of this Agreement, pay to the Finance Director of the
City of Carlsbad the total sum listed after the name of each Party, in the column titled total
cost of Exhibit A attached hereto, which sum represents each Party's appropriate share of
the cost of conducting the study.
c. Any funds remaining upon termination of this Agreement shall be
returned to the Parties in proportion to each Party's contribution to the total.
9. Termination of Ameement. This Agreement shall terminate as to any Party
upon occurrence of any of 'the following conditions:
2
e 0 0
a. Upon acceptance of the study as complete by the Administrative
Committee.
b. Automatically, upon the failure of any Party to pay its appropriate
share of expenses within sixty (60) days of date of invoice.
10. Amendment. This Agreement may be amended at any time upon the written
approval of all Parties to the Agreement.
11. Notices. Except where this agreement specifically provides otherwise, any
notices to be sent to any Party shall be directed to the office of the City Manager of the
Party, with copies to the City Managers of all Parties.
12. Counterparts. This Agreement may be executed in multiple counterparts.
Date 6-1- 4 A.
ClTY OF DEL MAR
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
3
0 0
\
CITY OF ENCINJTAS
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF ESCONDIDO
By:
Mayor Date
APPROVED As TO FORM:
By:
City Attorney
CITY OF OCEANSIDE
By:
Mayor Date
APPROVED AS TO FORM:
By:
Gty Attorney
4
0 0 ,.
CITY OF POWAY
By: Mayor Date
APPROVED As TO FORM:
By:
City Attorney
CITY OF SOLANA BEACH
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF VISTA
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
5
City
Carlsbad
Del Mar
Encinitas
Escondido
Oceanside
Solana Beach
Poway (1)
Vista
Total
Percent of Contract Percent of Contingency (2) Total Population Total cost Total Cost cost
63,126 13.73% 12,084 13.73% 1,647 13,731
4,860 1.06% 930 1 .O6% 1 27 1,057
55,386 12.05% 10,601 12.05% 1,446 12,047
108,635 23.63% 20,794 23.63% 2,836 23,630
128,398 27.93% 24,577 27.93% 3,351 27,928
12,962 2.82% 2,481 2.82% 338 2,819
14,505 3.1 6% 2,776 3.1 6% 379 3,155
71,872 15.63% 13,757 15.63% 1,876 15,633
459,744 100.00% 88,000 100.00% 12,000 100,000