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HomeMy WebLinkAbout2020-01-28; City Council; Resolution 2020-025RESOLUTION NO. 2020-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED REVISED ESTABLISHMENT DOCUMENT (RED) FOR THE ENCINA WASTEWATER AUTHORITY (EWA), AS ADOPTED BY THE EWA BOARD OF DIRECTORS (EWA BOARD) EFFECTIVE NOV. 13, 2019. WHEREAS, on Aug. 1, 1988, EWA member agencies entered into a Joint Exercise of Powers Agreement; and WHEREAS, on Nov. 9, 1994, EWA member agencies approved the RED that replaced the Joint Exercise of Powers Agreement; and WHEREAS, on Nov. 13, 2019, the EWA Board of Directors approved an amended RED to implement Assembly Bill 1912 by apportioning retirement liability among the member agencies; and WHEREAS, the City of Carlsbad now wishes to execute the RED for the EWA, as amended effective Nov. 13, 2019; and 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 is authorized to execute the RED for EWA as amended effective Nov. 13, 2019, attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor J?J'1:& /-/ec-k,r Gcmt2 1 De.~:l -,it BARBARA ENGLESON, City Clerk Ci (SEAL) C 'er/( Jan. 28, 2020 Item #8 Page 4 of 34 REVISED ESTABLISHMENT DOCUMENT FOR THE ENCi NA WASTEWATER AUTHORITY AS AMENDED EFFECTIVE NOVEMBER 13, 2019 ATTACHMENT A Ref: Admin.19-13866b THIS AGREEMENT (hereinafter the Revised Establishment Document, "RED") is made and entered into this November 13, 2019, by and among the CITY OF VISTA, a Charter City (hereafter VISTA), the CITY OF CARLSBAD, a Charter City (hereafter CARLSBAD), the BUENA SANITATION DISTRICT, a County Sanitation District (hereafter BUENA), the VALLECITOS WATER DISTRICT, a County Water District (hereafter VALLECITOS), the LEUCADIA WASTEWATER DISTRICT, a County Water District (hereafter LEUCADIA), and the CITY OF ENCINITAS, a General Law City (hereafter ENCINITAS), herein called the "member agencies", for the operation, maintenance, and administration of their jointly owned sewerage system. RECITALS WHEREAS, each of the member agencies is a public agency authorized and empowered to contract for the joint exercise of powers under the Joint Exercise of Powers Act (Government Code Section 6500 et seq.; hereafter JPA Act); and WHEREAS, each of the member agencies has the authority and power to collect, transmit, treat and dispose or reuse wastewater and wastewater treatment byproducts, and to construct and operate facilities for such purposes; and WHEREAS, the member agencies recognize the need to operate, maintain and administer the Encina Joint System on a cooperative basis for the collection, transmission, treatment, and disposal of wastewater, and the management of wastewater treatment byproducts; and WHEREAS, on August 1, 1988, the member agencies entered into a Joint Exercise of Powers Agreement, which was replaced on November 9, 1994 by a prior Revised Establishment Document, which this RED is to replace, pursuant to the provisions of the JPA Act, creating a public agency then known as the Encina Administrative Agency (now Operator/Administrator of the Encina Joint System); and WHEREAS, the Joint Exercise of Powers Agreement establishing the Encina Wastewater Authority (hereafter EWA) was adopted as a supplement to the "Basic Agreement" establishing the Encina Joint Powers Authority; and WHEREAS, the member agencies have since adopted a Revised Basic Agreement that was most recently amended October 22, 2014; and 5-5 ·Admin. 19-13866b Jan. 28, 2020 Item #8 Page 5 of 34 WHEREAS, the member agencies desire to {a) retain the EWA as the Operator/Administrator of the Joint System and {b) affirm the organization, administration, rules, and specific powers of the EWA detailed in the prior Revised Establishment Document. WHEREAS, effective January 1, 2019, Government Code Section 6508.1 requires the member agencies to assume responsibility for the EWA's public retirement system liability; and WHEREAS, Government Code Section 6508.2 permits the member agencies to mutually agree to apportion the EWA's public system retirement liability among themselves, provided the agreement equals 100 percent of EWA's liability; and WHEREAS, in the absence of an apportionment agreement by the member agencies, the Cal PERS Board of Administration will elect to apportion the EWA's public retirement system liability among the member agencies based upon each member agency's "share of service received" from the EWA of each member agency's population, subject to challenge by a member agency through arbitration; and WHEREAS, the member agencies wish to amend the prior Revised Establishment Document to eliminate uncertainty in the potential future application of Government Code Section 6508.2 to the EWA's public retirement system liability, set forth their mutual agreement regarding apportionment of 100 percent of the EWA's public retirement system liability, and provide for timely requests for amendment of the EWA's contract with Cal PERS in accordance with Government Code Section 20575 to the extent required by law; and WHEREAS, the member agencies wish to make other non-substantive revisions to the prior Revised Establishment Document to correct clerical errors and ensure consistent use of terminology. NOW THEREFORE, THE PARTIES HERETO COVENANT WITH EACH OTHER AS FOLLOWS: Section 1. DEFINITIONS For the purposes of this RED and the RBA, the following terms shall have the meanings indicated below: 1.1 Basic Agreement. That agreement by and among Vista, Carlsbad, Buena, Vallecitos, Leucadia, and Encinitas including all supplements and amendments thereto entered into beginning July 13, 1961, and superseded by the Revised BasicAgreement. 1.2 Joint Advisory Committee. The Joint Advisory Committee {JAC) as defined in the Revised Basic Agreement. 1.3 Joint System. The Joint System as defined in the Revised Basic Agreement. 5-6 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 6 of 34 1.4 Revised Basic Agreement. That agreement by and among Vista, Carlsbad, Buena, Vallecitos, Leucadia, and Encinitas including all amendments thereto entered into beginning December 17, 1990, most recently amended October 22, 2014 and superseding the Basic Agreement. Section 2. TERMS 2.1 Establishment of Agency: There is hereby established a public agency known as the Encina Wastewater Authority, herein called the EWA (formerly known as the Encina Administrative Agency). For the purposes of this agreement, the EWA is a public agency separate from the parties hereto, but it is the intent of these parties that the EWA be subordinate to and dependent upon the member agencies in all matters. 2.2 General Duties of the EWA. The EWA shall operate, maintain, and administer the Joint System utilizing funds contributed by the member agencies and grants received from the Federal and State governments. 2.3 Powers. The EWA shall have the following powers as needed to fulfill its duties: 2.3.1 To operate, maintain, administer and manage the Joint System, including any buildings, works or improvements comprising part of the Joint System and located either inside or outside the boundaries of the member agencies, in accordance with sound engineering and accounting practices with local, state and federal laws and regulations; 2.3.2 To make and enter contracts in connection with the administration, management, maintenance and operation of the Joint System; 2.3.3 To employ agents and employees to operate, maintain, administer and manage the Joint System; 2.3.4 To incur debts, liabilities or obligations in connection with the operation, maintenance, administration and management of the Joint System; 2.3.5 To sue and be sued in its own name, provided that the EWA shall not commence or intervene in any lawsuit without the approval of all of its member agencies, except pursuant to paragraph 2.3.10 hereof; 2.3.6 To acquire, hold, and dispose of such equipment as may be reasonably necessary to the proper operation, maintenance, administration and management of wastewater treatment and disposal facilities; 2.3.7 To file reports associated with the operation, maintenance, administration and management of the Joint System; 5-7 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 7 of 34 2.3.8 In an emergency, to reconstruct or cause to be reconstructed such portions of the Joint system when reconstruction is immediately required to permit the Joint System to continue to function; 2.3.9 To maintain at all times with a responsible insurer or insurers sufficient insurance against loss or damage to the Joint System or portion thereof, workers' compensation insurance, and insurance against public liability and property damage; 2.3.10 To adopt industrial pretreatment regulations that comply with federal and state pretreatment regulations. The regulations shall include technically based local limits, shall be followed by each member agency, shall apply to industrial connections and groundwater cleanup sites that discharge or have the potential to discharge into the Joint System, and shall allow the EWA to take enforcement action against dischargers that violate the regulation; 2.3.11 To review and amend the industrial pretreatment regulations from time to time as the need arises; 2.3.12 To implement all requirements of the pretreatment regulations and all aspects of the EWA service area pretreatment program, including permitting, inspection, monitoring, reporting, and enforcement activities, except that industrial pretreatment permits shall be jointly issued by the member agency in whose jurisdiction the discharge is located and the EWA; 2.3.13 To charge and bill the industrial dischargers for their respective share of the EWA's cost to implement the pretreatment regulations, including application review, permit issuance, sampling, monitoring, inspection and enforcementcosts; 2.3.14 To purchase, lease or condemn real property upon such terms and conditions as approved unanimously by the member agencies; 2.3.15 To operate and maintain other facilities outside the Joint System as recommended by JAC and in accordance with the EWA executed operation agreements, or as authorized in the Revised Basic Agreement, which may include budgeting responsibilities. 2.3.16 The powers enumerated herein shall be exercised subject to the restrictions upon the manner of exercising the powers of the Leucadia County Water District pursuant to the County Water District Law (Water Code §30000 et seq.). 2.4 Board of Directors. The EWA shall be administered by the governing body of the EWA which shall be known as the Board of Directors of the EWA, herein called the Board. Members of the JAC shall serve as the Board. 2.5 Officers of the Board. The Board shall elect its own officers, which shall include a Chairman, Vice-Chairman, Secretary, Treasurer, and Auditor. The Chairman and Vice-Chairman shall be members of the Board and the Secretary may, but need not, be a member of the Board. 5-8 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 8 of 34 2.5.1 Treasurer. The Treasurer shall be appointed by the Board to serve at the Board's pleasure. The Treasurer shall be the depository and have custody of all money of the EWA from whatever source. The Board shall appoint the Treasurer from among the officers and employees of the EWA. The Board may appoint one or more persons to act as assistants to the Treasurer from among the officers and employees of the EWA. Upon appointment, an assistant shall be considered an "other officer" of the EWA under Section 2.5.3 of this RED. The person appointed as Treasurer may simultaneously hold the office of Auditor. 2.5.2 Auditor. The Auditor shall be appointed by the Board of Directors to serve at the Board's pleasure. The Auditor shall draw all warrants to pay demands against the EWA approved by the Board of Directors. The Board shall appoint the Auditor from among the officers and employees of the Authority. The Board may appoint one or more persons to act as assistants to the Auditor from among the officers and employees of the Authority. Upon appointment, an assistant shall be considered an "other officer" of the EWA under Section 2.5.3 of the RED. The person appointed as Auditor may simultaneously hold the office ofTreasurer. 2.5.3 Other Officers. The General Manager and Attorney for the EWA shall be appointed by the Board. Subject to the limits of the EWA's approved budget, the Board shall also have the power to appoint and employ such other officers, consultants, advisors, and independent contractors as it may deem necessary or convenient for the business of the EWA, who shall serve at the pleasure of the Board. The public officer, officers, or persons who have charge of, handle, or have access to any substantial property of the EWA shall file an official bond in an amount to be fixed by the Board. The General Manager shall have the power to appoint, promote, demote and remove employees of the EWA subject to the provisions of the personnel policy of the EWA and the EWA's approved budget. 2.6 Meetings of the Board. 2.6.1 Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting per month. The dates, hour, and place of the regular meetings shall be fixed by resolution, and a copy of such resolution shall be furnished to each member agency. 2.6.2 Ralph M. Brown Act. All meetings of the Board, including, without limitations, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950}. 2.6.3 Minutes. The Secretary of the EWA shall cause to be kept minutes of all meetings of the Board, and shall cause a copy of the minutes to be forwarded to each member of the Board and to each memberagency. 5-9 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 9 of 34 2.6.4 Quorum and Vote. A majority of the Board or their alternates shall constitute a quorum for the transaction of business; except that less than a quorum may adjourn from time to time. The affirmative vote of a majority of a quorum shall be required for the approval of any action. However, when voting on a matter involving the treatment plant (Unit I) or the ocean outfall (Unit J), any member of the Board may call for a weighted vote. In such case, the affirmative vote of members representing a majority of the capacity of the Unit involved shall be required for the approval of any action, to be calculated as follows: The total vote of all members of the Board shall be 100 percent. Each regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the member agency he or she 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 or she represents. At any meeting where no regularly appointed member is represented, each alternative of such regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the agency he or she represents. Provided, however, at any meeting where any agency 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 or she represents. 2.7 Rules. The Board shall adopt rules and regulations, including a conflict of interest code and a purchasing procedure. The Board may, from time to time, review and revise these rules and regulations as needed. 2.8 Budgeting. Annually, the EWA shall prepare an operation, maintenance, and administration budget (hereafter referred to as the O&M budget) and a capital improvement program budget (hereafter referred to as the capital budget). The budgets shall be prepared in accordance with the RBA and generally accepted accounting principles. 2.9 Accounting and Audits. 2.9.1 Fiscal Year. The fiscal year of the EWA shall be from July 1 to June 30. 2.9.2 Accounting Procedures and Audit. Full books and accounts shall be maintained for the EWA in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. The Auditor of the EWA shall either make or contract with a certified public accountant to make an annual audit of the accounts and records of the EWA. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and the audit shall conform to generally accepted accounting principles. A report of the audit shall be filed as a public record with each member agency and with the San Diego County Auditor within 30 days of its completion. Such report shall be filed within 12 months of the end of the fiscal year under examination. 5-10 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 10 of 34 2.10 Liabilities. The debts, liabilities and obligations of the EWA shall be the debts, liabilities and obligations of the EWA alone, and not the member agencies; except as provided by Section 2.11 2.11 Withdrawal or Dissolution. Upon withdrawal of a member from the EWA or upon dissolution of the EWA, there shall be a partial or complete distribution of assets and discharge of liabilities as provided in this section. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to a member agency at the time of withdrawal or to the member agencies at the time of dissolution; provided that, all property and rights in property assigned or transferred by any member agency to the EWA shall be reconveyed to said member agency free and clear of all encumbrances and liens of any kind. 2.11.1 Withdrawal. Upon withdrawal of any member agency from the EWA, the withdrawing member shall receive its proportionate or otherwise defined share of any assets of the EWA and shall contribute its proportionate or otherwise defined share toward discharge of any enforceable liability incurred by the EWA. 2.11.2 Dissolution. Upon dissolution of the EWA, each member agency shall receive its proportionate or otherwise defined share of any assets of the EWA and shall contribute its proportionate or otherwise defined share toward discharges of any enforceable liability incurred by the EWA. 2.11.3 Share of Public Retirement System Liability. Notwithstanding the foregoing, in the event of the withdrawal of any member agency or agencies from the EWA ("Member Withdrawal"), or prior to the filing of a notice of termination pursuant to Government Code Sections 20570 or 20571 by the EWA ( "EWA Termination Event" ), unless otherwise unanimously agreed among the member agencies, responsibility for any public retirement system liability incurred by the EWA shall be apportioned as follows: a. If there is a Member Withdrawal, the withdrawing agency shall assume responsibility for its share of the EWA's public retirement system liability, determined in accordance with paragraph c below, on the effective date of the Member Withdrawal. The EWA shall continue to be responsible for the remaining share of public retirement system liability. b. If there is an EWA Termination Event, each member agency shall assume responsibility for its share of public retirement system liability, determined in accordance with paragraph c below, on the effective date of the EWA Termination Event. c. A member agency's share shall be calculated using its allocated share of EWA's salaries and benefits in each program, as defined in Section 13 of the RBA, averaged for the three fiscal years prior to the effective date of such Member Withdrawal or EWA Termination Event, calculated to adequately fund 100 percent of the termination liability calculated by Cal PERS (otherwise known as termination liability). With respect to a Member Withdrawal: Recognizing that termination liability may not be determinable at the time a member withdraws, prior to 5-11 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 11 of 34 withdrawing as a member of the EWA, each member agency, including, if necessary, a previously withdrawn member agency, shall negotiate in good faith to enter into a contract with the CalPERS Board of Administration to fund its share of the EWA's public retirement system liability by: (i) making annual contributions; or (ii) making a lump-sum payment; or (iii) providing for payment by any other actuarially sound payment method. Each member agency agrees to defend and indemnify the others, and the EWA, against any claim that a member agency or the EWA has not timely met its legally required notice or funding obligations in the manner agreed upon herein, including the cost of any arbitration resulting from a dispute arising under Government Code Sections 6508.2 or 20575. 2.11.4 Notice to Public Retirement System. Upon approval of this RED, and also prior to filing any notice of termination with Cal PERS, the EWA shall provide a copy of this RED to CalPERS, as required by Government Code Section6508.2. 2.12 Rescission or Termination. The EWA shall continue as Operator/Administrator until such time as the EWA is terminated by written consent of a majority of the member agencies, evidenced by certified copies of resolutions by their governing bodies. Upon termination of the EWA and replacement with another Operator/Administrator, employees of the EWA shall become the employees of the new Operator/Administrator subject to existing employment contracts, seniority, retirement rights and any other employee benefits or rights now enjoyed by those employees. 2.13 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the principal office of the EWA. 2.14 Severability. If any one or more of the terms, provisions, promises, covenants or conditions of this agreement shall by any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 2.15 Modification of Agreement. This agreement shall contain all of the terms and conditions made between the parties hereto and shall not be amended except by an agreement in writing signed by all the member agencies. 2.16 Succession. The provisions of this agreement shall be binding upon and shall inure to the benefit of the successors of the parties thereto. 2.17 Approval. This agreement shall be approved as of the date that all of the member agencies have approved it. 5-12 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 12 of 34 IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written. CITY OF VISTA BY: MAYOR CITY OF CARLSBAD u BY: -J/4a (/4) MAYR LEUCADIA WASTEWATER DISTRICT BY: PRESIDENT VALLECITOS WATER DISTRICT BY: PRESIDENT BUENA SANITATION DISTRICT BY: CHAIRPERSON CITY OF ENCINITAS BY: MAYOR APPROVED AS TO FORM: ATTEST: City Clerk ATTEST: City Clerk BY: ... .,, . .-,:? .--·-? ~ .,· ~:::•-· -~ ____ ,. -e::;;,.-- .. -· E\JJA COUNSEL 5-13 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 13 of 34 CHA RSON IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written. CITY OF VISTA ATTEST: MAY (ACLU-A ity Clerk \ CITY OF CARLSBAD ATTEST: BY: BY: MAYOR LEUCADIA WASTEWATER DISTRICT BY: PRESIDENT VALLECITOS WATER DISTRICT BY: PRESIDENT BUENA SANITATION DISTRICT BY: City Clerk CITY OF ENCINITAS ATTEST: BY: MAYOR APPROVED AS TO FORM: BY: 'EWA COUNSEL City Clerk Admin. 19-13866b 5-13 Jan. 28, 2020 Item #8 Page 14 of 34 RESOLUTION NO. 2019-161 A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPOINTING TWO REPRESENTATIVES AND ONE ALTERNATE REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE ENCINA WASTEWATER AUTHORITY The City Council of the City of Vista does resolve as follows: 1. Findings: The City Council hereby finds and declares the following: A. The chartered City of Vista ("City") is a member of the Encina Wastewater Authority Joint Powers Agency ("Encina"), and the City Council is entitled to and regularly does appoint two representatives to serve on the Encina Wastewater Board of Directors. B. The City Council is undertaking its annual reorganization of board, commission and committee appointments and desires to appoint or reappoint two representatives and one alternate representative to the Encina Wastewater Board of Directors. 2. Action. A. The City Council hereby appoints the following individuals to serve as Representatives and Alternate Representative of the chartered City of Vista to the Encina Wastewater Board of Directors, effective January 1, 2020. B. Upon adoption, the City Clerk shall provide a certified copy of this Resolution to the Secretary of the Encina Wastewater Board of Directors. [Continued on page 2.] 00079642 I Jan. 28, 2020 Item #8 Page 15 of 34 By: By•( APPROVED Darold Pieper 20191121120108 RESOLUTION NO. 2019-161 CITY COUNCIL OF THE CHARTERED CITY OF VISTA PAGE 2 3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on December 10, 2019, by the following vote: Representative — Judy Ritter Representative — Amanda Rigby Alternate — Elmer Alex AYES: Mayor Ritter, NOES: None AYES: Mayor Ritter, NOES: None AYES: Mayor Ritter, NOES: None Rigby, Franklin, Rigby, Franklin, Rigby, Franklin, Green, Contreras Green, Contreras Green, Contreras APPROVED AS TO FORM: DAROLD PIEPER, CITY ATTORNEY JUDY RIT , MAYOR ATTEST: KATHY VALDEZ, CITY CLERK SLck L\ I certify under penalty of perjury under the laws of the State of California that the foregoing is a true and correct copy of the original. 1 I GI Date )cariN Kathy Vald6z., City Cler 00079642 I Jan. 28, 2020 Item #8 Page 16 of 34 IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written. CITY OF VISTA ATTEST: BY: MAYOR CITY OF CARLSBAD BY: City Clerk ATTEST: MAYOR City Clerk LEUCADIA WASTEWATER DISTRICT BY: PRE DENT VALLECITOS WATER DISTRICT BY: PRESIDENT BUENA SANITATION DISTRICT BY: CHAIRPERSON CITY OF ENCINITAS BY: MAYOR APPROVED AS TO FORM: BY: EWA COUNSEL ATTEST: City Clerk Admin. 19-13866b Jan. 28, 2020 Item #8 Page 17 of 34 ATTEST: Paul . Bushee, $4cretary anager RESOLUTION NO. 2321 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LEUCADIA WASTEWATER DISTRICT ADOPTING AN AMENDED REVISED ESTABLISHMENT DOCUMENT OF THE ENCINA WASTEWATER AUTHORITY WHEREAS, Leucadia Wastewater District (LWD) is a party to that certain document entitled Revised Establishment Document (RED), which establishes the Encina Wastewater Authority (EWA), a California joint powers authority; and WHEREAS, the EWA member agencies desire to amend the RED to reflect Government Code 6508.1 which requires the member agencies to assume responsibility for the EWA's public retirement system liability; and WHEREAS, Government Code 6508.2 permits the member agencies to mutually agree to apportion EWA's public system retirement liability among themselves, provided the agreement equals 100 percent of EWA's liability; and WHEREAS, it is in the best interest of EWA and its member agencies that these and other administrative amendments be included in the RED; and WHEREAS, the EWA Board of Directors and the Encina Joint Advisory Committee on November 13, 2019 recommended that the Boards and Councils of the Member Agencies consider and adopt the proposed Amended RED. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE LEUCADIA WASTEWATER DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1: Adopt the Amended Revised Establishment Document, attached hereto as Exhibit A, as recommended by the EWA Board of Directors and the Encina Joint Advisory Committee. PASSED AND ADOPTED by the Board of Directors at a meeting of the Leucadia Wastewater District held December 11, 2019 by the following vote: AYES: Ku!chin, Juliussen, Omsted, Hanson NOES: None. ABSENT: Sullivan ABSTAIN: None. (SEAL) David Kulchin, President Jan. 28, 2020 Item #8 Page 18 of 34 IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written, CITY OF VISTA ATTEST: BY: MAYOR CITY OF CARLSBAD BY: MAYOR LEUCADIA WASTEWATER DISTRICT BY: PRESIDENT VALLECITOS WATER DISTRICT City Clerk ATTEST: City Clerk BY: BUENA SANITATION DISTRICT BY: CHAIRPERSON CITY OF ENCINITAS BY: ATTEST: MAYOR City Clerk APPROVED AS TO FORM: BY: EI/VA COUNSEL 5-13 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 19 of 34 CHA RSON IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written. ATTEST: MAY Oalis-- ity Clerk \ CITY OF CARLSBAD ATTEST: BY: CITY OF VISTA BY: MAYOR LEUCADIA WASTEWATER DISTRICT BY: PRESIDENT VALLECITOS WATER DISTRICT BY: PRESIDENT BUENA SANITATION DISTRICT BY: City Clerk CITY OF ENCINITAS ATTEST: BY: MAYOR APPROVED AS TO FORM: BY: City Clerk 'EWA COUNSEL 5-13 Admin. 19-13866b Jan. 28, 2020 Item #8 Page 20 of 34 RESOLUTION NO. 2020-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUENA SANITATION DISTRICT, APPROVING THE REVISED ESTABLISHMENT DOCUMENT FOR THE ENCINA WASTEWATER AUTHORITY The Board of Directors of the Buena Sanitation District does resolve as follows: 1. Findings. The Board of Directors hereby finds and declares the following. A. On July 11, 1988 the District Board approved the Joint Exercise of Powers Agreement Creating the Encina Administrative Agency. B. On December 17, 1990, the District Board amended the Joint Exercise of Powers Agreement by approving the Revised Basic Agreement and Revised Establishment Document for the Encina Water Pollution Control Facility. C. The District desires to amend the Revised Establishment Document, a copy of which is on file with the Clerk of the Board. 2. Action. A. The Revised Establishment Document is approved, and the Chairperson is authorized to execute the agreement. 3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on January 14, 2020, by the following vote: AYES: Chairperson Ritter, Rigby, Franklin, Green, Contreras NOES: None ABSTAIN; None h. JUDY RtTTR, CHAIRPERSON APPROVED AS TO FORM: DAROLD PI DIST OUNSEL By: APPROVED Darold Pieper 20191218100315 ATTEST: KATHY VALDEZ, CLERK OF THE BOARD By: (._ JACI---t--i A 00080464 2 Jan. 28, 2020 Item #8 Page 21 of 34 IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this RED to be executed effective as of the day and year first above written. CITY OF VISTA ATTEST: BY: MAYOR CITY OF CARLSBAD BY: MAYOR LEUCAD1A WASTEWATER DISTRICT BY: PRESIDENT VALLECITOS WATER DISTRICT BY: PRESIDENT BUENA SANITATION DISTRICT BY: City Clerk City Clerk ATTEST: CHAIRPERSON CITY OF ENCINITAS BY: MAYOR APPROVED AS TO FORM: BY: 'E‘fiA COUNSEL Admin. 19-13866b 5-13 Jan. 28, 2020 Item #8 Page 22 of 34 RESOLUTION 2019-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED REVISED ESTABLISHMENT DOCUMENT (RED) FOR THE ENCINA WASTEWATER AUTHORITY (EWA), AS ADOPTED BY THE EWA BOARD OF DIRECTORS (EWA BOARD) EFFECTIVE NOV. 13, 2019. WHEREAS, on Aug. 1, 1988, EWA member agencies entered into a Joint Exercise of Powers Agreement; and WHEREAS, on Nov. 9, 1994, EWA member agencies approved the RED that replaced the Joint Exercise of Powers Agreement; and WHEREAS, on Nov. 13,2019, the EWA Board of Directors approved an amended RED to implement Assembly Bill 1912 by apportioning retirement liability among the member agencies; and WHEREAS, the City of Encinitas now wishes to execute the RED for the EWA, as amended, effective Nov. 13, 2019; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the RED for EWA as amended effective Nov. 13, 2019, attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED this 18th day of December, 2019 by the City Council of the City of Encinitas, State of California. Catherine S. Blakespear, Mayor ATTEST: 4 Kathy Hollhod, ity Clerk Jan. 28, 2020 Item #8 Page 23 of 34 Les E. Devaney, City Att APPROVED AS TO FORM: CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 18th day of December, 2019 by the following vote: AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca NAYS: None ABSENT: None ABSTAIN: None 444 Kathy Hoy'v\vo , City Clerk Jan. 28, 2020 Item #8 Page 24 of 34