HomeMy WebLinkAbout1997-04-15; Municipal Water District; 352; Establishing the County Water Coalition+
CARLSBAU MUNICIPAL WATER DISTRICT -AGENDA BILL & ,,$hs
AB# Jxz TITLE: AUTHORIZATION FOR BOARD
MTG. 4/15/97 PRESIDENT TO SIGN AGREEMENT
ESTABLISHING THE COUNTY WATER
DEPT. CMWD COALITION (CWC)
RECOMMENDED ACTION:
Approve Resolution No. 9d3 authorizing the CMWD Board President to sign an
agreement establishing the County Water Coalition.
ITEM EXPLANATION:
At the CMWD’s January 7’h Board meeting, the Board approved CMWD membership in the
County Water Coalition (CWC), approved appointment of CMWD Board President as
representative to Vice-Chair this coalition, and approve a $5,000 contribution to this coalition
for the purpose of retaining an attorney to analyze options available regarding possible
withdrawal from the County Water Authority (CWA).
You will recall the creation of this County Water Coalition is the result of a weighted vote being
called for at the CWA December 12’h Board meeting to select officers of the Board. The
decision the City of San Diego wanted was to elect a Chair and Vice-Chair, both from the San
Diego delegation, bypassing a power-sharing arrangement among various water agencies that
has worked since 1944.
Under this weighted voting method, the City of San Diego’s 10 seats on the 34 member Board
actually count for 48 percent of all the votes, meaning San Diego has to have only one or two
other Board members vote with it in order to have a majority on any issue.
The attached agreement to formally establish a County Water Coalition has been reviewed by
staff and the attorney’s office. As a result, it is requested that the Board President be
authorized to sign the agreement. Although the CMWD Board has previously recommended to
pursue change of the weighted vote, the signing of this agreement allows CMWD the option of
pursuing the investigation of a new agency.
FISCAL IMPACT:
The CMWD Board of Directors has previously approved an appropriation of $5,000 as its share
of initial coalition expenses. This agreement may result in additional costs to members based
on a decision of the coalition executive committee.
EXHIBITS:
1. Resolution No. 763
2. Agreement by and among several cities and district member agencies of the San Diego
County Water Authority to form a coalition to pursue their mutual interests.
RESOLUTION NO. 963
OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT
OF THE CITY OF CARLSBAD, CALIFORNIA
AUTHORIZING THE CARLSBAD MUNICIPAL
WATER BOARD PRESIDENT TO SIGN
AGREEMENT ESTABLISHING COUNTY
WATER COALITION (CWC)
WHEREAS, the Carlsbad Municipal Water District Board of Directors approved membership in
the newly formed County Water Coalition at their December 12, 1996 Board meeting, and;
WHEREAS, the Carlsbad Municipal Water District Board of Directors approved appointment of
their Board President as Vice-Chair of this coalition, and;
WHEREAS, the Carlsbad Municipal Water District Board of Directors approved a $5,000
contribution to this coalition to retain an attorney for the purpose of analyzing the options available regarding
possible withdrawal from the County Water Authority.
NOW, THEREFORE, BE IT RESOLVED, that the Carlsbad Municipal Water District Board
President be authorized to sign the agreement formally establishing the County Water Coalition.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water
District held on the 15th day of April 1997, by the following vote to wit:
AYES: Board Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Board Member Nygaard
ATTEST:
h&v ALETHA L. RAUTENKRANZ, Secretary
(SEAL)
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LAWYERS ONTARIO 402 WEST 0ROADWAY. 137H FLOOR (909) ses-ese4 SAN OIL00. CALIFORNIA 92101-3S42
TCLEPHONE (019) 526-1300 YICTORVILLE
TELECOPIER BSI91 233-6lla (SOQ) 246-4127
January 29, 1997
Mayor Claude “Bud” Lewis, Director
c/o Bob Greaney, General Manager
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Dear Coalition Member:
Please find enclosed the Agreement establishing the County Water Coalition as modified at
the Coalition’s January 27th meeting. The Agreement was previously faxed. Once your Board of
Directors has approved the Agreement, please forward a signed copy to Dale Mason at Vallecitos
Municipal Water District.
Should you have any questions do not hesitate to call.
of BEST BEST & KRIEGER LLP
CMC/wbc
Enclosure
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AGREEMENT BY AND AMONG SEVERAL CITIES AND DISTRICT
MEMBER AGENCIES OF THE SAN DIEGO COUNTY WATER AUTHORITY
TO FORM A COALITION TO PURSUE THEIR MUTUAL, INTERESTS
This Agreement is made and entered into by and among the undersigned local public agencies
(“Member Agencies” collectively, “Member Agency” individually hereinafter) in reference to the
following:
A. Each of the member agencies is a municipal corporation or district duly authorized and
existing under the laws of the State of California, and situated within the boundaries of the
County of San Diego and as a member public agency in the San Diego County Water
Authority (“Water Authority”). Each party has the power to sue and be sued in its own
name.
B. Concerns have arisen among the member agencies regarding a number of issues including the
manner of decision making at the Water Authority.
C. The member agencies believe they have common interests and concerns and that pursuit of
those interests and concerns would best be pursued as a coalition. -.
NOW, THEREFORE, the undersigned Member Agencies agree as follows:
The purpose of this Agreement is to provide for a unified effort to achieve an efficient
resolution of specific common concerns concerning decision making at the Water Authority.
Although each member agency has the right to pursue a similar effort separately in its own name, the
resulting efforts would be duplicative and, in some cases, prohibitively costly. Through this
Agreement, the Member Agencies agree:
a. To form a coalition and establish the terms and conditions under which it may pursue
a unified effort involving:
i. Negotiation and pursuit of legislation modifying voting power and
procedures at the Water Authority;
ii. The conduct of studies as necessary to evaluate the potential for the
provision of alternative water supplies;
. . . 111. Providing for the management and direction of such unified effort;
iv. Providing for the allocation of expenses in pursuing the unified effort;
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2. No Separate Agency Created.
The Member Agencies do not intend to create a separate public agency through this
Agreement and no provision of this Agreement should be so construed.
3. Authorization to Commence Effort
By execution of this Agreement, each Member Agency authorizes and directs that the unified
effort be diligently pursued in the names of each of the Member Agencies, for the general purpose
of obtaining modifications to the Water Authority Act and investigating alternative water supply.
4. Name of the Unified Effort.
The Member Agencies who are signatory to this Agreement shall be referred to as the “San
Diego County Water Agencies Coalition” (“Coalition”).
5. Administration of the Coalition
a. The Administration of the Coalition called for in this Agreement is delegated to and
vested in the Executive Committee, which shall be comprised of the elected Chair,
Vice Chair, Secretary and Treasurer, and one representative of Coalition member
elected at large by members of the Coalition.
b. The Executive Committee, under the direction of the Coalition member agencies shall:
i. Select and retain, on behalf of each of the Member Agencies, professional
consultants, including but not limited to legal counsel, engineering
consultants, economic and other consultants;
ii. Determine all matters of tactics and strategy on which the professional
consultants request direction;
. . . 111. Authorize, evaluate and monitor professional expenses;
iv. Conduct negotiations, if any, provided that any proposed agreement shall bind
only those Member Agencies that consent;
6. Accounting Services.
a. The Finance Director of Valley Center Municipal Water District (“Finance Director”)
shall provide accounting services for all payments and receipts required by the terms
of this Agreement, and shall be responsible for the safe keeping of all funds paid by
or to the Member Agencies concerning this Agreement.
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b. The Valley Center Municipal Water District shall not be required to have the
accounting audited but shall make the record available to each and every Member
Agency upon a request.
. . Obllgatron of the Member APencies.
a. Each Member Agency shall, upon the execution of this Agreement, make an initial
commitment to pay its “appropriate share” of all expenses to be incurred in the
performance of the activities called for by this Agreement.
b. If approved by its Board of Directors, after the initial commitment, each Member
Agency shall pay, immediately upon demand of the Finance Director, its “appropriate
share” of all expenses incurred in the performance of the activities called for by this
Agreement.
C. All bills and invoices for expenses incurred pursuant to this Agreement shall be the
subject of approval by the Executive Committee. Upon approval, the Finance
Director shall pay such bills and invoices.
d. Every three months, commencing February 1, 1997, the Executive Committee shall
calculate the “appropriate share” owed by each member agency. The Finance
Director shall prepare and send to each Member Agency a demand for payment of
the “appropriate share.” z
e. The “appropriate share” of each Member Agency shall be calculated as follows:
All expenses shall be apportioned among all of the
Member Agencies proportionally, based on the total
financial contribution for the immediately preceding
five year period of the Member Agency as indicated in
the 1996 records prepared by the Water Authority.
When all Member Agencies have had the opportunity
to execute this Agreement, the Finance Director shall,
as directed by the Executive Committee, send a bill to
each Member Agency for the initial contribution of
“Appropriate Share.” The amount of the initial
contribution shall represent the Member Agencies’
appropriate share of the estimated expenses to be
incurred during the first six months as determined by
the Executive Committee.
f. In the event a Member Agency withdraws from this Coalition, the Finance Director
shall recalculate the appropriate, proportionate share of each remaining Member
Agency.
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g. Any tinds remaining upon the termination of this Coalition shall be returned to the
Member Agencies in proportion to each Member Agency’s contribution to the total.
8. Confidentiality of Documents.
Each Member Agency agrees:
a. To treat as confidential any documents prepared on behalf of the Coalition by its
professional consultants.
9. Termination of the Agreement
This Agreement shall terminate as to any Member Agency upon the occurrence of any of the
following conditions:
a. Fifteen days after a written notice of termination is delivered by any Member Agency
to the then chairperson of the Executive Committee; provided, however, that the
terminating Member Agency shall be liable for its appropriate share of any expenses
incurred up to the date notice of termination is received which exceed the terminating
Member Agencies prior contribution; and provided, further, that in no event shall a
terminating Member Agency be entitled to a refund of all or any part of its initial
contribution; or
b. Automatically, upon the failure of any Member Agency to pay its appropriate share
of expenses within sixty (60) days of the date of invoice.
10. Modification.
This Agreement may be amended at any time upon the written approval of all parties to the
Agreement.
11. Notices.
Any notices to be sent to any Member Agency shall be directed to the office of the Manager
of the Member Agency, with copies to the managers of all other Member Agencies.
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12. Counterparts.
This Agreement may be executed in multiple counterparts.
Executed on the date entered adjacent to the signature, in California, by:
Date: 5=/r- 7 7
APPROVED AS TO FORM:
By:
Its:
i
CITY OF DEL MAR
By:
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Its: City Attorney
CITY OF ESCONDIDO
By:
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Its: City Attorney
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CITY OF OCEANSIDE
By:
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Its: City Attorney
FALLBROOK PUBLIC UTILITY DISTRICT
By:
Its: President of the Board
Date:
APPROVED AS TO FORM:
By:
Its: District Counsel
OLIVENHAIN MUNICIPAL WATER DISTRICT:
By: f Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
SDPUEl\CMCN 143
-
RAINBOW MUNICIPAL WATER DISTRICT:
By:
Its: President of the Board
Date:
APPROVED AS TO FORM:
By:
Its: General Counsel
RAh4ONA MUNICIPAL WATER DISTRICT:
By:
Its: President of the Board
Date: -.
APPROVED AS TO FORM:
By:
Its: General Counsel
RINCON DEL DIABLO WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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SAN DIEGUITO WATER DISTRICT:
By:
Its: President of the Board
Date:
APPROVED AS TO FORM:
By:
Its: General Counsel
SANTA FE IRRIGATION DISTRICT:
By:
Its: President of the Board
Date:
APPROVED AS TO FORM:
By:
Its: General Counsel
VALLECITOS WATER DISTRICT:
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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VALLEY CENTER MUNICIPAL WATER DISTRICT
By:
Its: President of the Board
Dated:
APPROVED AS TO FORM:
By:
Its: General Counsel
VISTA IRRIGATION DISTRICT
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
?
YUIMA MUNICIPAL WATER DISTRICT:
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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