The URL can be used to link to this page

Home My WebLink About2007/07/17 Item 6 CITY COUNCIL AGENDA STATEMENT Meeting Date: 07/17/07 Item....w- SUBMITTED BY: REVIEWED BY: RESOLUTION AUTHORIZING THE CITY OF CHULA VISTA TO BECOME A PARTICIPATING AGENCY OF THE METRO W ASTEW A TER JOINT POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE THE TERMS OF THE JPA AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATER JPA ADDING CHULA VISTA AS A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; APPOINTING COUNCILMEMBER CASTANEDA AS THE ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; AND APPOINTING THE CITY MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO W ASTEW A TER JPA. CITY ENGINEER I~~- /' CITY MANAGER ~y 4/5THS VOTE: YES NO X ITEM TITLE: BACKGROUND Currently, the City of Chula Vista holds membership alongside 14 other Participating Agencies in the Metro Commission, which was created in 1997 as part of an agreement with the City of San Diego to give members a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System. In 2000, some of the members on the Metro Commission elected to form a Joint Powers Authority (JPA) to enable them to have an alternative financing mechanism to fund their cost of the Metro expenditures should a situation arise in which San Diego is unable to secure financing for both the members and the City of San Diego. At that time, the City elected, by Resolution 2000-122, not to join the JP A, and has since become the only contract agency that is not a member of the JP A. For various reasons discussed below, Staff is now recommending that the City join the JPA. 6-1 Page 2, Item W Meeting Date 07/17/07 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the agreement does not authorize any activity that will result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council approve the Resolution authorizing: 1. The City of Chula Vista to become a Participating Agency of the Metro Wastewater JPA. 2. The City Manager or Designee to finalize the terms of the JP A Agreement. 3. The Mayor to Execute the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JP A adding Chula Vista as a Participating Agency. 4. The Mayor to act as the Board Member for the City of Chula Vista on the Board of Directors of the Metro Wastewater JP A. 5. Councilmember Castaneda to act as the Mayor's Alternate on the Board of Directors of the Metro Wastewater JPA. 6. The City Manager or Designee to act as the Mayor's Second Alternate on the Board of Directors of the Metro Wastewater JP A. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION There are many factors involved with reconsidering the City of Chula Vista's non-member status in the Metro JP A. The following discussion is intended to provide a historical context for the City's current non-member status in the JP A, address financial issues related to secondary treatment challenges, outline the City's capacity situation, and summarize the JP As interest in an alternati ve joint governance structure. 1. History of Chu/a Vista's Non-Member Status in the Metro lPA The Metro Commission was created in 1997 as part of an agreement with the City of San Diego, the terms of which allow Participating Agencies (PAs) a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System. It also enabled the Commission to act as an advisory board to the City of San Diego City Council in regard to Metro issues. The Commission consists of elected officials and alternates (staff) of the fifteen PAs. The City of San Diego participates on the Metro Commission as an ex-officio member. 6-2 Page 3, Item tp Meeting Date 07/17/07 All wastewater treatment systems are under a federal mandate by the Environmental Protection Agency (EPA) to comply with the Clean Water Act (CW A). In the City of San Diego's case, this act required an upgrade to the Point Lorna Treatment Plant from a Primary Treatment plant to a Secondary Treatment plant. After a series of negotiations with the EPA, San Diego was granted a waiver under the provisions of the Ocean Pollution Reduction Act (OPRA) that allowed operation of the Point Lorna plant as an advanced primary treatment facility with the construction of a variety of required improvements. Subsequently, San Diego began financing approximately 100% of the capital improvement program (CIP) projects with bonds. The debt service of the bonds is paid proportionately approximately 70% by San Diego and 30% by the PAs over time, based on the terms of the agreement. These percentages also reflect the respective percentage of sewage flows generated by San Diego and the PAs. This approach enabled the PAs to pass on the enormous cost of these CIP projects to ratepayers gradually, over a period of time in small incremental on-going sewer rate increases. In the late 1990s, the City of San Diego began nearing the limits of its bonding capacity and was then planning on funding at least 30% of the required CIP on a "pay as you go" annual basis. This meant that the PAs would have to pay their share of the capital costs as the City of San Diego incurred them. It was anticipated that this revised approach could cause significant spikes in the quarterly payments that the PAs made to San Diego for wastewater treatment that could then be experienced by ratepayers. Since most agencies do not have operating funds with significant cash reserves, it would have meant that the agencies would need to implement sharp rate hikes in order to cover their costs. To regain the benefits of bonding, including the ability to implement gradually phased rate increases, for these costly CIP projects, the PAs proposed the formation of a Joint Powers Authority with the authority to sell bonds to pay these high one-time costs over several years, and to share the financial risk amongst themselves. As a result, the JP A was created primarily for financing and bonding purposes. Although the City of Chula Vista (City) held membership as a PA in the Metro Commission, and was thus subject to the repercussions of the financing changes proposed by San Diego at that time, the City opted not to join the proposed JP A. Because the City had access to cash reserves of its own in the Trunk Sewer Capital Reserves fund, there was no need to raise funds with the JPA group. In addition, the relationship between the PAs and San Diego, and amongst the PAs themselves, could be described as contentious at that time. Since the City's flows account for 25% of the 30% PA flow input (approximately 8% of the total system flow) into the Metro system, and since costs are allocated to agencies based on their percentage of flow in the system, the City sought to avoid the possibility of finding itself responsible for a similarly high share of the costs of any legal repercussions that might result from the formation and actions of the JP A. It was determined that the City would not gain any financial benefits by joining the JPA but, rather, could incur unnecessary risks to the City's bonding capacity and exposure to potential litigation. Thus, on April 18, 2000, City Council approved Resolution 2000-122 rejecting membership in the JPA. 6-3 Page 4, Item &; Meeting Date 07/17/07 More recently, considerable discussion regarding the City's membership in the lPA has taken place at Metro Commission meetings. Because Chula Vista generates a significant amount of the total P A flow, the City's membership in the lP A would enable the JP A to present a unified front to the City of San Diego and other agencies in the region. It is primarily for this reason and the current challenges regarding secondary treatment that the lP A membership has been persistent in its request that Chula Vista re-evaluate its position and that staff is recommending the City proceed with joining the lP A. II. City of San Diego OPRA Permit Issue Historically, San Diego has had the financial capability to make independent financial arrangements (i.e., issued bonds or obtained loans) necessary to fund required Metro improvements. The costs are ultimately allocated to the PAs based on their percentage of flows in the system. However, in the last few years, San Diego has faced significant financial challenges, which may potentially impact their bond rating and their ability to pre-fund required improvements. In light of these developments, the PAs retained the services of a Bond Counsel to conduct a feasibility study regarding the lPA independently financing either their portion of the costs or the whole cost including San Diego's portion if for some reason San Diego is unable to tinance the PAs portion of the costs. This approach could also be utilized if, due to San Diego's bond rating, the PAs are able to get better terms than San Diego. Since the magnitude of costs related to secondary treatment may be quite significant, it could present a considerable challenge for the City of Chula Vista to fund these costs on its own. Therefore, staff recommends that the City join the JPA and align with other PAs, who are also facing this potentially significant expenditure, in finding the most viable means of funding these required improvements should San Diego enter into a consent decree to upgrade the Point Loma Treatment Plant to Secondary Treatment. III. Metro Capacity Acquisition Concurrent with the General Plan Update, the City updated the Wastewater Master Plan. This Plan evaluated the long-term Metro capacity needs of the City with the goal of ensuring that the City had adequate capacity rights in the Metro system to sustain projected development. Based on current projections, the City's existing Metro capacity rights may be exceeded by year 201l. Current projections indicate that the City will need to either acquire or create an additional 5-6 mgd of treatment capacity to sustain the City to buildout. Membership in the lP A could facilitate positive relationships with other PAs and with San. Diego, an important component to the City acquiring additional capacity from agencies that may have capacity available. IV. Joint Governance Structure Currently, the issue of JP A membership is more pressing as discussions regarding a change in the governance/ownership structure of the Metro system gain momentum. Recently, lPA representatives met with City of San Diego staff to discuss the issue of joint governance. The lP A's recent push to revisit this issue of governance and the possibility of forming a new District to serve as a regional authority to operate and maintain the sewerage system is a major reason behind why the lP A has encouraged the City of Chula Vista to reevaluate its membership status. It seems clear that most Metro PAs would like to see the lP A become an organization with a strong regional voice in discussions of water and sewer-related issues and, if possible, assume a more direct role in governance of San Diego's Metropolitan Sewer System. In so doing, the PAs have determined that a major element in the implementation ofthis vision is the inclusion of the City of 6-4 Page 5, Item iD Meeting Date 07/17/07 Chula Vista as a member of the JPA. Chula Vista's membership in the IPA and support of this initiative could lend a significant amount of credibility to the process. Furthermore, the City of Chula Vista has an interest in the future direction of the JP A. especially with regards to how excess capacity is allotted to Participating Agencies. Under consideration is a change in how capacity is distributed throughout the PAs. Historically, PAs have been able to retain whatever capacity they have been granted but have not used (their excess capacity). It is 'within this context that Chula Vista is currently exploring options for purchasing this excess capacity from other agencies to offset the City's own predicted shortage. However, a change in the JP A governance structure may result in the creation of a "pool" of capacity available to the County as a whole. As the IP A explores other methods of allocating capacity, the City having a formal membership in the JPA increases the opportunity to influence its structural direction. The City's membership in the IPA would grant the City a seat in the JPA strategy meetings, which would enhance the City's ability to influence the ultimate outcome of the process. Finally, there is a higher level of trust amongst PAs today than there was a decade ago. Though one of the City's initial concerns regarding IPA membership was the risk of litigation, the possibility of legal action amongst members or actions that may have a negative impact on the City's development or future growth plans does not seem likely in the foreseeable future. Amendments to Current JPA Agreement In preparing to recommend JPA membership to the City Council, staff has worked closely with the IP A and their legal counsel regarding desired changes to the current standard agreement. Of most significance is the desire to add a Termination Provision that explicitly sets out the procedure required for an agency wanting to leave the IP A. The City Manager will ensure all changes required by the City of Chula Vista are in place before proceeding with formal execution of the Agreement by the Mayor. Designation of Board Member and Alternates Council approval of these resolutions would enable the City of Chula Vista to become a Participating Agency of the Metro Wastewater Ioint Powers Authority. It would also authorize the Mayor to act as the Board Member for the City of Chula Vista on the Board of Directors of the Metro Wastewater JPA. Furthermore, retaining the structure recently approved by the Council for the Metro Commission, the resolution would designate Councilmember Castaneda to act as the Mayor's Alternate on the Board of Directors of the Metro Wastewater JPA. Finally, it would designate the City Manager or his/her Designee to act as the Mayor's Second Alternate on the Board of Directors of the Metro Wastewater IP A. CONCLUSION Chula Vista's membership in the JPA would enhance the Authority's standing, which benefits the other PAs and hence enables a more cooperative environment. As a member of the IPA, Chula Vista would increase the options available to fund the costs that will be required if San Diego is 6-5 Page 6, Item (p Meeting Date 07/17/07 mandated to upgrade to Secondary Treatment. In addition, membership may help to facilitate Chula Vista's acquisition of capacity rights, as other PAs may then be more willing to engage the City in discussions regarding the sale of reserve capacity available within the system. Finally, Chula Vista's membership in the JPA would grant the City a stronger voice in the discussions regarding the JPA's governance structure and future direction. In conclusion, based on the issues discussed above, staff recommends to Council that the City reconsider its current position and become a member of the Metro JP A. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2( a)( 1) is not applicable to this decision. FISCAL IMPACT The City currently spends approximately $25,000 - $40,000 per year as its share of the Metro Commission expenditures (depending on the amount of consultant services utilized). Joining the JP A could result in additional expenditures of $10,000 - $15,000 annually, since the City will now be liable for costs that were previously considered JP A-related from which the City had been exempt. This increase in expenditure can be funded through available Sewer Service Revenue Funds. Currently, the amount budgeted for this expenditure in Fiscal Year 2007/2008 is anticipated to be adequate to meet the City's obligation; therefore no other fiscal action is required at this time. EXHIBITS A. Joint Exercise of Powers Agreement B. First Amendment to the Joint Powers Agreement C. Second Amendment to the Joint Powers Agreement D. Third Amendment to the Joint Powers Agreement (Draft) Prepared by: Anthony Chukwudolue, Sr. Civil Engineer, Engineering Department J :\Engineer\AGENDA ICAS2007107 -17 -07\JP A- Membershiprevised.ac.doc 6-6 I ~'L ,,' ,.. "llI. ' . , . . '..... ." . '.' ,: - . ", ' . EXHIBIT I\i October 25, 2000 , JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATERJPA ' i I i I I i I I I I i I I SDPIJIlO4C'23"SI97 6-7 .- ..... ',~ . . ,." " : . .. . JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATERJPA THIS JOINT POWERS AGREEMENT (the "Agreement"), dated . is entered into by and betWeen the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal coiporation; the CITY OF EL CAJON, a municipal corporaIicin; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA. a municipal . corporation; the LEMON GROVE SANIT,ATIONDISTRICT, a mumcipal corporation, the CITY . . OFPOW AY, amunicipal corporation; P ADREDAMMUNICIP AI.. W ATERDISTRICT, apolitical ~vision of the State of Califumia; and the COUNTY OF SAN DIEGO on behalf of Wmter Gardens. Sewer Maintenance District, a mso;nt..nsoncedistrict established pursuant to Ca1lfomia Streets & Hwys. Code section 5820 et seq.; Alpine Sanitation Dis1rict, a political subdivision of the . . State ofCalifomia; the Lakeside SanitationDis1rict,a political subdivision ofthe'State ofCalifomia; and Spring Valley Sanitation Dis1rict, a political subdivision of the State of Califumia (the "Participating Agenciesj. WITNESSETH: WHEREAS, the Participating Agencies are all authorized to own, lease, purchase, IlIOCive andhold p~operty and contract rights necessary orconvenient for their govemmental operallioS; and WHEREAS, the partic:ipating Agencies receive sewer treatment s<<irvices as part of the Metropolitan Sewerage System pursuant to the Regional WasteWater DispOsal AgrecmeDt entered into by and among the City of San Diego and the Participating Agencies dated June 25, 1998 (the "Metro AgreIiment"); aUd . WBE:QEAS, th~ Metro AgxeemP.1'lt calls for the creation and operation ~f the Metro ComIIJjssion which is an advisory body on which each ParticipatingAgency'Sitli and on which San Diego serves on an ex-oflicio non-voting basis; and WHEREAS, the Participating Agencies have determined that it is in the bestinteresls of the comll1unities which they serve that ~JointExercise of Powers ~ be funned with the anthority and rCliPonsibility to take actions and make decisions pertso;nmg to the Metro Agreement in their mutual interest; and WHEREAS, the Metro Agreement requires the Participating Agencies to pay for-capital improvements required by the Metropolitan SewuageSystem; and WHEREAS, theMaIks-Roos LocalBondpooJingAct ofl985, Article4 (.commencingwith Section 6584) of Chapter 5, Division 7, Title 1 of the Government Code of1:he State ofCalifomia (the "Bond Law"), authorizes agencies formed under the Act (as hereinafU:r defined) to assist in the m,soncing of public capital improvements to be used by the public agencies which lIIiC parties to the agreements creating snch agencies; and l;I)P{l\\\CMC\2S 197 -1- 6-8 f:. "\VimREAS, in enacting the Bond Law, the Legislature of the State ofCalifomia declared, in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State ofCalifomia to expand, upgrade and otherwise improve the public capital facilities of local govemillent necessary to support the rehabilitation and constr.uction of residential and economkdevelopment; and (b) tb,atit is (was) tqe intent of the Legislature to .assist in the reduction . improvemci1ts!Old promote greater use of existing and new financial instruments and mCC'h.n;llm~ such as bond pooling by lOi:iii ligericieS; 3iid ." . . . . .. '. '. '. WHEREAS, the Participating Agencies have determined that it is in the beSt interest of the . 'coininuDities which they serve that ajointexercise of powers agency be foniled pursuantto the Act for the purposes offinancingneeded public capital improvements andrednciD.g local boIrowing costs for financing such improvemeirts as aUthorized thel'ein. .and that the formation of such an authority will be consistent with and in furtherance of the intei:J.t and pUIpOSe8 oftqe'Bond Law. NOW, THEREFORE, in consideration of the above premises.and oftheIDDtual~es herein contained, the Participating Agencies agiee as follows: . ARTICLE I .' . DEFINITIONS Section 1.01. Definitions. Unless the context otherwise. requires, the words and terms . defined in. this Article $all, for the purpose hereof, have the me,m;ngll h~ specilied. . , "Act"means Articles I through 4 (commencingWith Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State ofCalifomia. . . "Agreement" means this agreement. "Bond Law" means the Marks-Roos Local Bond Pooling Act of1985, being Mcle 4 of the Act (commencing with Section 6584 of the Government Code), as now in effect or hereafter amended, or any other law available for use by the JP A in the authorization and issUance of certificates of participation; bonds or other evidence of indebtedness to provide for the financing of Obligations and/or Public Capital Improvements. . . ''Bond Purchase Agreement" means an agreement between the JP A and a Participating Agency, pursuanttowbich theJPA agrees to pUrchase ObligatiOJ;lS from said Participating Agency. ''Board'' means the Board of Directors referred to in Section 2.04, which shaI1 be the governing body of the JP A . ''Bonds'' means the bonds of the JPA issued pursuant to the Bond Law. ''Directors'' means the members of the Board appointed to the Board pursuant to Section 2.03. 629 , I I i I. . ,. '. I L ! i I I : ".. . 1 . . ~ b . , ". , ' ' . . "Fiscal Year" means the period from July 1st to and including the following Jwe 30th. "Government Code" means the Government Code of the State of California. "JP A" means the Metro Wastewater jp A fonned by tbi!l.AgreellieI1t. "Membm" and "Participating Agencies" means the City of~, the City ofPelMar, ' the City ofEl Cajon, the City ofImperia1 Beach, the City of La Mell8, the Lemnn Grove Sanitation District, ,the City ofPoway, the Padre Dam, Municipal Wat.erDi.strict, and the County of San Diego on behalf of the Wmter Gardens "Sewer W.mtP.l1smee Distriet, the AJpine, SariitatiOli District, the Lakeside Sanitation District and the Spring Valley Sanitation DistriG.t ,.' ' "Metropolitan Sewerage System" or "Meb-o System,"slian'_ and CODSist of those facilities and contract rights to facilities which are shown andlor~cribedin ExIn"bit u~' attached to and incorporated in the Regional Wastewater DispoSaIAgreemen~ ' "Obligations" has the meaning ~ven ~o the term "Bonds" in Section 6'S8S(c) of the Go'lernment Code, as in effect on, the date hereof, and as hereafter amended. "Public Capital Improvement" bas the meaning given tQ s:uch term in Section 6585(g) of the ' Goveminent Code, as in effect oIi. the date hereof, and as hereafter ........I1M " , "RegioDal Wastewater DiSposalAgreeuienf' and "Metro AgIeemeDf' sballmeanthatcertain agreement dated Jtme 25, 1998 by and between the City of San Diego and all of the Participating , ' Agencies relating to the Metropolitan SeWerage Systei:iJ..' ' "Secretary" means the Secretary of the JP A appointed pursuant to Section 3.01. "Treasurer"means the AuditOr and Treasurer of the JP A appointed pursuantto Section 3.02. ....... llDPtJB\CMC\23S197 " -3- 6-10 .' "1,1,. -- . . . ':. .-"1 , I I I' I I I i ARTICLE n GENERAL PROVISIONS Section 2.01. Purpose. This Agreement is madepUISU3D.tto the ActproVidingforthejoint exerciSe of powers comm.on to the Participating Agencies, and for otherpmposes aspeonittedunder j;he Act, the Bond Law and asagrecd by one or more of the Participating Agelocies. The pmpose of . . this Agreement is to create a PublicAgeD.cy with the authority to take action pertaining to the Partiqipating Agencies' responsibilities and obligations to provide for the financingofpublic capi1al improvements for the' Metro SeWerage System which are constructed puIswmt to the Metro Agreement and to take sUCh either actions as are necessaIY for theParticipatiJ).g A.gencia ,to fulfill . the obligations and responsibilities and obtain rights and benefits setforthin the Metro Agreement. Section 2.02. Creation of JP A. PUISU3D.t to the Act, there is hereby created a public entity to be knoWn as the "Metro Wastewater JP A." The JP A shall be a publicen.tity separate and apart " froIi1 the Participating Agencies, and shall .nm~;"ter tbis Agreement I I ; ! I I I i I I ,. . Section 2.03. Board. Tb.e JP A shall be administered by a Board of nine (9) Directors, unless and until changed by amendment of this Agreell1e1l.l Tb.e Board shall be composed of one appointee from each of the Participating Agencies. The Board sha1l be called the "Board of Diiectors of the Metro Wastewater.JPA ." All votingPOWef OIthe JPA shall reside in the Board. Section 2.04. Meetings of the Board. , I , ; I I I [. f ,. I (a) Regular Meetings. The Board shall proVide for its regular meetings; provided, however, that at least one ri:gularmeeting sha11 beheld eachmonth, .Thedate, hourand p1aceofthe holding cifregu!ar ineetings.shall be fixed by resolution'ofthe Board and ai:Opy of such RiSOlution sha11 be filed with each Participating N!.ency. The Board may meet injoint sessionwith other public '. agencies and adviSOI)' bodies, iricluding the Metro Commission, in acconlance With stjItc law. (b) Special Meetings. Special meetings of the Board may be.called in aGCordance with , the proViSions of Section 54956 of the Government Code. ' " I , I i I I (c) Call, Notice and Conduct ofMeetings. Allmeetings of the Board, including without liIi:ritatj.OIl;. regu1ar,adjourned regular and special meetings, shall.be, called,notiOed, held and conducted in accordiInce withthc provisions of SectiOns 54950 dseq. of the Government Code. Section 2.05. Minntes. The Secretary shall cause to be kept m;nn1P-<: of the meetings of the Board and shall, as'seon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each Participating Agency. . '. ' ' Section 2.06. Voting. Each Director shall have one vote. rol'tJB\CM02lS197 6-11 '. " Section 2.07. Qnorum; Reqnired Votes; Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may , adjomn from time to time. The .ffinTIlltivevotes ofat leastamajority of the Directors present at any meeting at which a quorum is present sha1l be required to take any action by the Board. Section 2.08. Bylaws. The Board may adopt, from time to time, suCh bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes this Agreement ARTlCLEm OFFICERS AND EMPLOYEES Section 3.01. Chair, Vice Chair and Secretary. The Board sha1l elect a Chair and Vice Chair from among the Directors, and sha1l appoint a Secretary who may, butneednot, be a Director. The officers shall perform the duties normal to said offices. The Chair sha1l sign all contracts on behalf of the JP A , or shall appoint in writing a designee to sign contracts on behalf of the JP A, and shall perform such other duties as may be imposed by the Board. The Vice ~ sball act, sign contracts and perform all of the Chaits duties in the absence of the Chair. The S.....l.:t.h-y sball countersign all Contracts signed by the Chair or Vice Chair on behalf of the JP A , perfimn such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State within thirty (30) days of the effective date hereof pursuant to the Act Section 3.02. Treasurer. Pursuant to SectiOl). 6505.6 of the GoV"",11,,,"t Code, the finance manager or director of one of the Participating Agencies sha1l be designated as the Auditor and Treasurer of the JP A. The Auditor and Treasurer sha1l be the depQsitory, sha1l have custody of all of the accounts, funds and money of the JP A from whatever source, shall havethe duties andobliga- tions set forth in Sections 6505 and 6505.5 of the Govemment Code and sball assure that there sball be strict accountability of all funds and reporting of all receipts and disbursements of ~e JP A . Section 3.03. Officers in Charge of Records, Funds and Accoun~ Pursuant to Section 6505.1 of the Govemment Code, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the JPA and all records of the JPA re1atingtb.eJ:eto; and the SectetaIy shall have charge of, handle and have access to all other records of the JP A . Section 3.04. Bonding Persons Having Access to JP A Records, Funds and Accounts. From time to time, the Board may designate persons, in addition to the s....letaIy and the T~, having charge of; handling or having access to any records, funds or accounts and the respective amounts of the official bonds of the Secretary and the Treasurer and such otherpersons pursuant to Section 6505.1 of the Government Code. i Section 3.05. Legal Advisor. The Board shall have the power to appoint the legal advisor of the JP A who sball perform such duties as may be prescribed by the Board. Such legal advisor __ shall be legal counsel to one of the Participating Agencies. -,." 6-f2 .- . . 'I.... " " . . Section 4.01. General Powers. The JP A sbal1 exercise in the llJllI]Ilel' herein provided the . powers common to the pllIlicipating Agency Members. or as othetwisepemiitted. under the Aid., and necessary to the accomplishment of the pliIposes of this AgreeD1C9.t, subject to tb.erestrlcliom; - . ... .. forth in Secti.on4.04. .. M provided in the Aid., the JP A sbal1 be a public entity separate. from the ~articipating . Agencies. The JP A sbal1 have the power to finance or refinllnc.e the acquisition or construction of Public CapitallmP.rovements on behalf of each Participating Agency MeIhbei which ire acquired or constrocted pursuant to the Regional Wastewater DisposalAgreeInent. Section4.0i. Po"'er to lssue Revenue Bonds. The JPA shail.have all of the powers provided in the Aid., including but not limited to the Bond Law and including the power to issue _ Bonds; Certificates of pllIlicipatlon and/or other evidences of inde1:i~tiSsUnder the Bond Law; Section 4.03. Specific Powen. The JP A is hereby m:dhoriied; in its own name. to do all the acts necessary for the exercise of the foregoing powers. inclu4ing but not limited to. any or all . of the following: (a) to make and enter into contracts; . (b) to employ agents and employees; i i i I I , ; i I I I 'm'JPlJB'CM023:5197 -6- 6-13 " l , I , j'. i (c) to finance and refinance the acquisition or construction ofPubIic Capital Improvements acquired or constIucted pursuant to the Regional Wastewater Disposal Agreement; .' (d) to sue and be sued in its own name;, , (e) to issue Bonds and otherwise to incur debts, liabilities or obligations, provided that no such Bonds, debt, liability or obligation sball constitute a debt, liability or obligation of the Participating Agencies; (t) , to apply for, accept, i'eceive and disburse grants, loans and other aid from any agency of the United States of Americli or of the state of CaIifomia; (g) to invest any money in the treasury of the JP A pursuant to Section 6505.5 of the Government Code that is not required for the iinmediate necessities of the JPA , as the JP A deteImines is advisable, in the same mRnner and upon the ~e conditions as local agencies, pursuant to Section 53601 of the Government Code; , (h) to apply for letters of credit or other forms of iin~.u guarantees in order to secure the repayment of Bonds, certificates of participation and/or other evidences of indebtedness and enter into agreements in comlection therewith; (i) to carry oUt and enfo~e all theproyisions of this Agreement; (j) to make and enter into Bond Pmi:hase Agreements; (k) to purchase Obligations ofthePaTticipating Agencies; and (1) to exercise any and all powers which are provided for in thCl Act and in Section 6588 of the Government Code, as they exist on the date of this Agreeinent and as they may hereafter be lIIl',.".,,\pjI , . , ' Section 4.04. Res1rlctions on Exercise of Powers. The powers of the JPA shall be exercised in the manner provided in the Act and in the Bond Law, and, except forthose powers set forth in the Bond Law, shall be subject (m accordance with Section 6509 of the Government Code) to ther~ctions upon the m''';''''' of exercising such powers that are imposed upon theParticipating Agencies in the exercise of similar powers. Section 4.05. Obligations ofJP A. The debts, liabilities and obligations of the JP A shall not be the debts, liabilities and obligations of the Participating Agencies or any of them. ARTICLE V METHODS OF PROCEDURE; CREDIT TO MEMlJERS . Section 5.01. Assumption of Responsibilities by the JP A. As soon as practicable after the date of execution of this Agreement, the Directors shall give notice (in the manner required by 6..."H , . .. ,.... .. , . . '. Section 2.04) of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chair and VlOe Chair and appoint the Secretary. I I I I" I I , , I I I I I \ Section 5.02. Credit to the Participating Agencies. All accounts or funds created and established p\!ISUllllt to any instrument or agreement to which the JP A is a party, and any interest earli.ea or accnied thereon, shall mure to the benefit of each of the Participating Agencies in their respeclive pro~ons for which such funds or accounts were created. ARTICLE VI ELECflON TO FINANCE; CONTIUBUTlONS; ACCOUNTS AND REPORTS; FUNDS Section 6.01. Participating Agencies Election to Finance Public Capital Improvements. Each of the Participating Agencies may elect to'have the JP A issue bonds to finance its slw:e of Public Capital Improvements acquiredorconstructed pursuant to the Regional Wastewater Dispaslil Agreement. Each Participating Agency's share of the Public Capital Improvements acquired or constructedp\!ISUllllt to the Regional Wastewater Disposlil Agreemcntshall be detP.m1;n"'li by the procedure set forth in the Regional Wastewater Disposlil Agreement. Section 6.02. Contn"butions. The Participating Agencies may in the i1ppropriate circumstance when required hereunder: (a) make contributions from theirtreasm,ics forthe pmposes set forth herein, (b) make payments ofp\lblidimds to defray the cost of such pmpOses, and{c)make advanCes of public funds for such pmposes, such advances to be repaid as prt>vided herein. The provisions of Section 6513 of the Government Code are,i.nc:orpo~ into this Agreement. " ' Section.6.03. Accounts and Reports. To the extent not covered by the duties ~ to a trustee chosen by the JP A , the Treasurer shall establish and maintain such funds and accomits as . may be required by good accounting practice or by any provision of any truSt agreemententered into with respect to the proceeds of any Bonds, certificates of participation and[pz: other evidenoes of indebtedIi.ess issued, created or incmreclby theJP A. The books and records of the JPA in the possession of a trustee Or the Treasurer shall be open to inspection at lilll.'ellSOIl3hle times by ~ sentatives of each Participating Agency. The Treasurer, within 120-days ,after the close of .:each FiscalYear, shall give a complete ~tten report oflill financilil activities for such fiscal year to each . ParticiPating Agency to the extent such activities are not covered bythC report of such trustIle. The trustee appointed under any trust agreement and/or indenture shall establish suitable funds, furnish financilil reports and provide suitable accounting procedures to~arry out the piOvisions ofsaid trust agreement and/or indenture. Said trustee may be given such duties in ~d trust ag1'Ill'l11ent and/or indenture as may be desirable or necessary to carry out the purposes of this Agl.,."nmt Section 6.04. Funds. Subject to the applicable provisions of any inStniment or ~t that the JP A may enter into, which may provide for a trusble to receive, ha~ custody of and . disburse funds of the JP A , the Treasurer shall receive, have custody of anddisb1ll!Se JP A "funds as nearly as possible in accordance with generli.lly accepted accounting practices, and shall make.the dlsbursements required by this Agreement or to carry out any of the provw,cins or purposes of this A~ent., , . .n.e51~... ~197 -8- 6-15 . - Section 6.05. Annnal Budget and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing transaction of the JP A , annually prior to July I of each year. These expenses shaI1 be designated ;\<lmini~trative Expenses of the JP A and shall be allocated by the Board proportionately to each of the Participating Agencies based on its Proportionate Flow in the Metropolitan Sewerage System and:the strength of its wastewater as detemrinedby the City of San Diego pursuant to the Regional Wastewater Disposal Agreement. Section 6.06. Financing Expenses. The estimated annual expenses of the JP A to . administer any financing transaction of the JP A shall be designated Financing Expenses and: shall . . be allocated by the Bo3rdprOPOrtionate1y to each Participating Agency which in participant in the financing being administered by the JP A proportionately to each Participating Agency's share of the amount .ofthe Bonds is$Ued by !it!' JP A . ARTICLE vn TERM Section 7.01. Term. This Agreement shall become effective as of the date hereof and shan continue in full force and effect so long as any Bonds, certificates of participation and/or other evidences of indebtedness of the JP A remain outstanmng. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the JP A, both real and personal. shall be divided among the parties hereto. in such msmnp.!" as shall be agreed upon by the parties. ARTICLE vm MISCELLANEOUS PROVISIONS Section 8.Ql. Notices. Notices hereunder shall be in writing and shall besuflicient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writingtci the othei: party. , . Section 8.02. Section Headings. All section hesilings in this Agreement are for conveirience of reference only and are not to be construed as modifying or governing the language in the section ref'exIOO to or to define or limit the scope of any provision of this AgreemCllt. Section 8.03. Consent.' Whenever in this Agreement any consent or approval is required the same shall not be unreasonably withheld. Section 8.04. Law Governing. This Agreement is made in the State ofCalifomia tmderthe Constitution and laws of the State of California and is to be so construed. Section 8;05. Amen~ents. This Agreement may be amended at my time, or from time to time, except as limited by contract with the owners of Bonds issued by the JP A or certificates of participation in payments to be made by the JP A or the Participating Agencies or by applicable mPTn:l\rUf"\.,,,,,,,Q7 64-6 I I . I el, > , I' I I I I 'e . "f' . . . '.... '. . . / . I I I I I I I I. .' regulations or laws of any jurisdiction having authority, by one orD1Ote supplemental agrmnenls cxccuted by both of the parties to this Agreement or for any otller purpose including, without limitlltion,addition ofnewparties (~lodiDg my legal cmities ortaxing aieas hezetofoR arm. created) in p\lIlllUlllce of The PIlqlO$= oCtbis A&rt=1cm. ' SeniOD 8.116. EDfoRemellt by JPA. The 1P A is hc:teby au~ to telcc my oral11cgal or equitoblc actions, including but not limited 10 inj\llldion and specific per{orm.aDcc. J1~ or pemrltted by law 10 c:uforce this ~ SectiOD 8.07. SeverabDltf. Should my section orproYislOll oflhls Agrcancat be decided by any court of compefellt j~on \0 be ilIcp\ or in OlIIIflict with any law of the State of Ca\ifamia. or othc:rwisc be JeDdered unenfbtteable or ineft"ectwJl, !he vaIi4ity of'lbe .rm'~'':... sections and provisioas h=of sball not be affected 1herBby. ' SectloD 8.Da. Sa_n. This AIr_em sbaIl be ~ upon and cball iDIIR to the benefit of the successors of each Participatins Aset1lJf.None of the l'ar1:icipatiD& A&euciM may assign my Iisht or obligation hc:reuDder wilhollt tho wrillc:a COD5CIlt oC all ofthc others. IN WITNESS WHEREOF. the parties hcmo have caused tbia AgreeInG to be sCClilCCl and attested by their proper ofiicers thereunto duly authorized and their l!fficial sealI to be hereIIo , affixed, on the &y and year fint ac:t forth Ibove. ' ~:tNAD? , . ~~"'o- <./ .' , 2. CITY OF DEL MAR by 3.' em Ol' EL CAJON , ATTIlST ' . by 4. CITY OF IMPERIAL BEACH A'ITBST by S. by 6. CITY OF LA MESA' A:.l U:l.~rr' LEMON GROVE SANITATION DISTRICT ' AITBST by SllI'UDICI<<:\2197 -16- 6-17 . . ~l" -11- 6-18 . . Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. I I ,. i I I I I I I i I . . ". regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other puxpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State. of California, or otherwise be rendered unenforceable or ineffectual, the validity of the fMTI,,;nh,g sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shaI1 inure to the benefit of the successors of each Participating AgenC'f. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caUsed this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and Yell!" first set forth above. . 1. CITY OF CORONADO ATTEST by .:~~ 3. CITY OF EL CAJON . ATIEST .. ~UN~~ :, a~#--€/ A'I"tEST by 4. by 5. by 6. . by CITY OF IMPERIAL BEACH ATIEST CITY OF LA MESA ATTEST LEMON GROVE SANITATION DISTRICT ATTEST 6 =.1(9 ." . . 6U:W "', .' " . . . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of ~ Agreement Section 8.06. Enforcement by 1P A. The JP A is hereby authorized to take any or all legal or equitable actions, including but nOt limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to. be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable. or ineffectual, the validitY of the fP.'11A;nmg sections and provisions hereof shall not be affected thereby.. I I I I I , I I I i ,. i Section 8.08. Successors. This Agreement shal1 be binding upon and sha11 inure to the benefit of the successors of each Participating Agenr;y. None of the Participating Agencies may assign any right or obligation hereunder without. the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and th* official seals to be hereto affixed, on the day and year first set forth above. . 1. CITY OF CORONADO ATIEST i , I I i I I.. I' I i , i i , by .2. CITY OF DEL MAR ATIEST by 3. ~OFELCAJON bY~~ {.=,1 4. CITY OF IMPERIAL BEACH ATt'EST atlCU L/~~/:fi/ JVM-J ATIEST by 5. CITY OF LA MESA ATTEST by 6. LEMON GROVE SANITATION DISTRICT ATIEST by C'ft1:III'~'M<I0'7 6 .J.~1 .1 1 , ,.. i. . 6-+11-2 ..' ! I I I I . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other pw:pose inclnding, without limitation, addition of new parties (including any legal entities ortaxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal . or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided .. by ally court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the f"'1t\~;n;ng sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caUsed this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year first set forth above. CITY OF CORONADO ATIEST CITY OF DEL MAR ATIEST CITY OF EL CAJON ATTEST ATIEST A ATTEST LEMON GROVE SANITATION ATTEST DISTRICT ~197 6"!.~3 . . . .. . .' . , ' '" . . . 7. CITYOFPOWAY ATTEST . by 8. PADRE DAM MUNICIPAL ATTEST WATER DISTRICT by 9. COUNTY OF SAN DffiGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICf LAKESIDFJALPlNE SANITATION DISTRICf AND SPRING V ALLEY SANITATION DISTRICf ATTEST by . . 6-124 . " . . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other pmpose including, without limitation, addition of new parties (including any legal entities ortaxing areas heretofore or hereafter created) in pursuance of the pmposes oftbis Agreement. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the Stab: of California. or otherwise be rendered unenforceable or ineffectual, the validity of the rrm.ining sections and provisions hereofshall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may . assign any right or obligation hereunder without the written consent of all of the others. 6-25 '" . . . . . 6-26 '. .. Section 8.03. Consent. Whenever in this Agreement any consent or approval is required the . same shall not be wrreasonabIy withheld. Section 8.04. Law Governing. This Agreement is made in the State ofCalifomia under the Constitution and laws of the State of California and is to be so construed. Section 8.05. Amendments, This Agreement may be amended at any time, or from time to time, except as . limited by contract with the owners nfBonds issued by the JP A or certificates of participation in payments to be made by the JP A or the Participating Agencies or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements exe- . cuted by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (Including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. · Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal . or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beex:ecuted and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year first set forth above. . CITY OF DEL MAR ATTEST I. ! i i i 1. by 2. by 3, by 4. . by CITY OF CORONADO ATTEST CITY OF EL CAJON ATTEST CITY OF IMPERIAL BEACH ATTE'ST 'SOPllB1CMCI23I7U7 -1'0- 6-27 / SDPUIl'CMC>238707 . -11- 6-28 . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements . executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition ofnew parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement. Section 8.06. Enforcement by Jl' A. The JP A is hereby authorized to take any or all legal or equitable actions, Including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision oftbis Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the reJllaining sections and provisions hereof sbaIl not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successOrs of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. 6 -1!'9 ...~ I I " I i I 7. ATTEST . I I I by I r I I 8. PADRED CIP AL ATTEST I I WATER DISTRICT by 9. COUNTY OF SAN DffiGO on behalf of WINTER GARDENS SEWER. MAlNTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND . SPRING V ALLEY SANITATION I DISTRICT ATTEST I I by . . 6.J3tJ . , . " regulations or laws of any jurisdiction having authority, by one or mme supplemental agreements executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement.. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreeplent. . Section 8.07. Severability. Should any section or provision of this Agreement be decided by any comt of competent jurisdiction to be illegal. or in conflict with any law of the State of . California, or otherwise be rendered unenforceable or ineffectual, the validity of the rem.;ning . sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. "",,,~197 Dl~1 . 7. CITY OF POW A Y by 8. PADRE DAM MUNICIPAL WATER DISTRIC1\ by 9. COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRIcr LAKESIDFJALPlNE SANITATION DISTRICf AND SPRING VALLEY SANITATION DISTRICf by . r . ',,' I ,,'" I. I , ; I ATIEST i i .-1 ; I I , I I I I I ATIEST ~-/?Pde0~~~ l~p~iu.~~~, "'~ ~ :O>'=i . _ Q ':I!.l:l. .' ~.- J''f'iiO ='tt.".. ""= . ::0 '" = 0;:. -tr;- ~~ An.._ ,,~1 '% ~:'~!~"'~I" ~'1. CAL~~~ ~IIII11I11\1I\\'~ ATTEST .-:., . . i I I I I I ! ! 6L'32 r' ,: . . . . . 5. CITY OF LA MESA by 6. LEMON GROVE SANITATION DISTRICT by 7. . CITYOFPOWAY by 8. PADRE DAM MUNICIPAL WATER DISTRICT ATTEST by 9. COUNTY OF SAN DIEGO on behalf of WINTERGARDENS SEWER MAINTENANCE DISTRICT LAKESIDFJALPINE SANITATION DISTRICT AND SPRING V ALLEY SANITATION DISTRICT ~J.~\- Thomas J. PaslUs2ka ""- Clerk of the SoaK! ofSuperAsolS by AI'PROVFn AS T!1 T'~il AND LEGALllY CC:'::""'c( '::' . j;'/'W~W.~ ~l:.ii(;1't i.l~PtJlY If.. _! <1 - W SllPUlllCM023l'r . -11- . 6-33 ATTEST ATTEST ATTEST A TIEST ~~p " . r I. !. ! I I I>,pproveo anat"raultlonzed by Ih.e eoa<o of s.uperv~~e'county.()f'San1)iegO Data,. //. "':i ~ Min<>te'O<derNo...L mOMAS J. PASTUSZKA ~~er~e~~rvis<>'" 1)eputy C.lerk . .,1" ~ . . . . 10. JOINT POWERS AGREEMENT - METRO. ! i I ! , i I I I CITY MANAGER JOHNSON reported on this item. He recommended Council appoint a Metro Joint Powers Authority representative and altemate. MOTION BY ROSE, SECOND BY BENDA, TO APPROVE RESOLUTION APPROVING THE CITY OF IMPERIAL BEACH'S PARTICIPATION IN THE JOINT EXERCISE OF POWERS AGREEMENT METRO SEWER PUBUC FINANCING AUTHORITY AND APPOINT COUNCILMEMBER WINTER AS THE METRO JPA REPRESENTATIVE WITH MAYOR PRO . TEM MCCOY AS THE ALTERNATE. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ROSE, WINTER, BENDA, ROGERS NONE MCCOY ADJOURNMENT The Special Meeting adjourned at 7:45 p.m. Diane Rose, Mayor . Attest Uncia A. Troyan, CMC City Clerk 6-34 EXHIBIT & FIRST AMENDMENT TO JOINT EXERCISE OF I'OWERS AGREEMENT FOR THE METRO W ASTEW A TER JOINT POWERS AUTHORITY TO ADD THE OTA Y WATER DISTRICT AS A PARTlCIPA TING AGENCY This First Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority. is made and entered into on this 12th d.lY of February, 2003. which date shall be the date of the last signature affixed hereto, in the County of San Diego. State of Califomia by the Metro Wastewater JP A. a Joint Powers Authority ("JPA") existing and organized pursuant to the provisions of Govemment Code Section 6500 et seq. and the Gtay Water District ("Otay"). RECITALS WHEREAS. on October 25. 2000. the City of Coronado, a municipal corporation; the City of Del Mar. a municipal corporation; the City ofEI Cajon. a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; thc Lemon Grove Sanitation District, a political subdivision of the State of California. the City of Poway, a municipal corporation; Padre Dam Municipal Water District. a political subdivision of the State of Califomia; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et scq.; the Lakeside! Alpine Sanitation District, a political subdivision of the State of California; and the Spri.ng Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreemcnt ("Agreement"). creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new patties in pursuance of the purposes of the Agreement; and WHEREAS, the JP A desires that Gtay join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Gtay as a Participating Agency of the JP A; and WHEREAS, the Board of Directors of Gtay has approved joining the JPA as a Partici pating Agency of the JP A. SDPUB\PDS\2n971 v I 1 6-35 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto CITY O,F C70 By (;Lr~ A l- - - ---c: Date ~'II03 ATTEST 2 CITY OF DEL MAR ATTEST By Dale 3 CITY OF EL CAJON ATTEST By Date 4 CITY OF IMPERIAL BEACH ATTEST By Date s CITY OF LA MESA ATTEST By Date SDPUB\PDS\272971 vI 2 6-36 , AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add Otay as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JP A shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR j)w,j ,M- ATTEST By: Date: ~~ . CITY OF EL CAJON ~P~v~.'. a7j~ 3. ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ATTEST By: Date: SDPUB\PDS\272971vl 2 6-37 AGREEMENT NOW, THEREI'ORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 ofthe Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPAParticipating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date ofthe last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: -.-----..---.-"'--- Date: --.------------..---.--.-- 3. CITY OF EL CAJON ATTEST By -;?!;!<;~=/{/~~ {)5!?tL<LU ~ Date: .,:1..- ~(- ~;?_ 4. CITY OF IMPERIAL BEACH ATTEST By: Date: -.--.--.-------- CITY OF LA MESA 5. ATTEST By: -.---.-...--------....-..-----------.--....- -_._._--~.--_.._------'----_.- Date: - .........-.--------......-----.--.-.------ SDPlfB\PDS\27297l v t 2 6-38 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: B~ - . ~o c- ~ _ o-".A-~-r- "^"-,,"\ ~~~...,~~ Date: ~U-~-- -------. 5. CITY OF LA MESA ATTEST 4 CITY ATTEST By: ---.-.........".---.---....-- -. Date: __._m...____."..u___..___._.....____ SDPUB\PDS\27297I ~ I " L 6-39 AGREEMENT NOW, THEREFORE,IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, whieh date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. Crry OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERJAL BEACH ATTEST By: . Date: 5. CITY OF LA MESA By: aJ1/ 11~ Date: I-~z..-O~ A 1TEST ,-...--....~ ~ ('j .~~.J-,. / C"\ SDPLJU\PDS\272971v! 2 6-40 ''. 6. LEMON GROVE SANITATION ATTEST DISTRICT :..1t?f ~itt~ (}) L ~.A:G -0' . ~ 7 CITY OF POW A Y ATTEST By: Dale: 8. PADRE DAM MUNICP AL WATER ATTEST DISTRICT By: Dale: 9. . COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITA TION DISTRICT AND SPRING VALLEY SANITATION DISTRICT ATTEST By: Date: 10, OTA Y WATER DISTRICT ATTEST By: Date: 6-41 6. LEMON GROVE SANITATION DISTRiCT By:__.__... Date: 7. .- By: PADRE DAM MUNICPAL WATER 8. DISTRICT By: Date: 9. COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITATlON DISTRICT AND SPRING V ALLEY SANTT ATTON DISTRICT By: Date: 10. OTAY WATER DISTIUCT By: _.__.._...__....____ Date: :';,DPUB\PDS\272971 v! 6-42 ATTEST ATTEST ATfEST ATTEST ---_.~._-,.._--_.. ATTEST ..~,.,.._.__...,......__...._----'-" 3 6. LEMON GROVE SANITATION DISTRICT ATTEST By: Date: 7. CITY OF POW A Y ATTEST By: Date: 8. PADRE DAM ATTEST DISTRICT d]1 UO (;2 riC!bQ), By: Date: 9. COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT ATTEST By: Date: 10. OTAY WATER DISTRICT ATTEST By: Date: SDPUB\PDS\272t:)71 v I 6 6-43 6. LEMON GROVE SANITATION DISTRICT By: Date: 7. CITYOFPOWAY By: Date: 8. PADRE DAM MUNICPAL WATER DISTRICT By: Date: 9. WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DlSTRIcr AND SPRING VALLEY SANITATION DISTRICT By: Thomas J. Pastuszka, Clerk of the Board of Supervisors and Clerk of the Boards of Directors. Date: t. . \ 1..0") 10. OTAY WATER DISTRICT By: Date: SDPUB\PDS'272971 vi 6-44 ATIEST ATIEST ATIEST !>1'PR()',j;~i) AHD,OR AUTHORIZED BY THE BQAR~ Of SUPERVISORS Of THE COUNTt Of SAN O\~GO 'ftn I DATE: 1-;1. ,-D.3 MINUTEOROERNO:J!,I...-<' THOMAS J. PASTUSZI<A ClER1S, Cf 1>U; BOARD Of }li~SORS BY ofI'.#-rc." mQ A...-, n;:PIlTY c:\ F.RK ATIEST 1~ J.1< _J._ QM of me Board of SupeMaof. ATTEST 3 t1pri~qVED AS T{) f:i)RM t,NO , E'~!II-" " _ !Yj~rl.llN~t:1 .~ YI'U..I'f '._ ."T' "-'Iof\,i. ...._.. !,.~lY~~~,~~ "",."". \., "<I'Y\ \ \~\fj') 6. LEMON GROVE SANITATION DISTRICT By: Date: 7. CITY OF POWAY By: _ _________ Date: 8. PADRE DAM MUNICPAL WATER DISTRICT By: Date: 9. COUNTY OF AN DIEGO on behaIfof WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITATlON DlSTRICT AND SPRING V ALLEY SANITATION DISTRICT By: Date: OTA~TER DISTRICT 10. By: ~~ ~ Date:________JJN_c~___________ SDPUBWDS\272971 \'! 6-45 ATTEST ATTEST A TrEST ATTEST ATTEST (P;~~ v 3 EXHIBIT G SECOND AMENDMENT TO JOINT EXERCISE m' POWERS AGREEMENT FOR TIlE METRO W ASTEW A TER JOINT POWERS AUTHORITY TO ADD THE CITY OF NA TIONAL CITY AS A PARTICIPATING AGENCY This Second Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers AuthOlity, is made and entered into on this 4th day of June. 2003, which date shall be the date of the last signature affixed hereto, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code section 6500 et seq. and the City of National City ("National City"). RECITALS WHEREAS, on October 25,2000, the City of Coronado, a municipal corporation; fhe City of Del Mar, a municipal corporation; the City ofEI Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; fhe City of La Mesa, a municipal cOll'oration; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: fhe Winter Gardens Sewer Maintenance Disttict, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/ Alpine Sanitation Disttict, a political subdivision of the State of California; and the Spting Valley Sanitation District, a political subdivision of the State of California) (fhe "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"). creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on Pebmary 12, 2003, the Otay Water Disttict was added as a Participating Agency of the JPA; and WHEREAS, the JPA desires that National City join the JPA as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of National City as a Participating Agency of the JPA; and WHEREAS, the City Council of National City has approved joining the Jp A as a Participating Agency of the JPA. SDI'lJD\I'DS~7Ut'J31 6-46 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add National City as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first wrillen above. which date shall be the date of the tast signature affixed hereto. I. ~O'NAf?O_ BY:~ Date: "1/';;3/1)3 2. CITY OF DEL MAR x~~ ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ArrEST By: Date: SDPt.JB\J>DS\27f)(,11 6-47 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I . Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add National City as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full foree and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date ftrst written above, which date shall be the date of the last signature affixed hereto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: ~~.!L /?uA/t7/2AJh#,,7t;'/ &Ztr?'/t~ Date: .rl/Olo :1 3. CITY OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ATTEST By: Date: SDPUB\PDS\!766) I 6-48 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercisc of Powers Agreement for the Metro Wastewater JPA is hereby amended to add National City as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date tirst v,Titten above, which date shall be the date of the last signature affixed hereto. l. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST Date: ..1#/~ _.~g '?/O& CITY OF IMPERIAL BEACH - By: 4. ATTEST By: Date: 5. .-......---..--..---....-..--- CITY OF LA MESA ATTEST ny: Date: SDPllWI'DS\27663! 6-49 < . AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater Jp A is hereby amended to add National City as a lpA Participating Agency. 2. All other terms and conditions of the loint Exercise of Powers Agreement for the Metro Wastewater lPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: 4. crr~ IMPERIAL BEACH By~~,c..kff_L- Date: ):- /7, 20~ 5. CITY OF LA MESA ATTEST --... ATTEST By: Dale: SD!"UB\l'D.s\27l.i631 6-50 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater lPA is hereby amended to add National City as a lPA Participating Agency. 2. All other terms and conditions of the Joint Exercisc of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of thc datc first writtcn above, which date shall be the date of the last signature affixed hcrcto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Datc: 3. CITY OF EL CAJON ATTEST By: Datc: 4. CITY OF IMPERIAL BEACH ATTEST By: Datc: By: CITY OF LA MESA OM -1u~ ey /11/10 3 ATTEST 5. ~c'^---.. "~ \j / r~~~ ,~ . X ( \ \. .J Datc: S!WlIB'.!'[)S',276631 6-51 . . 6. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: 10. By: Date: LEMON GROVE SANITATION DISTRICT PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT OTAY WATER DISTRICT 11. NATIONAL CITY By: Date: 6-52 ATTEST ~ Au, J J rJ ~~..r-' ATTEST ATTEST ATTEST ATTEST ATTEST .~ 6. By: Date: 7. By: LEMON GROVE SANITATION DrSTRICT Date: A ri 1 IS 2003 8. PADRE DAM MUNICIPAL WATER DISTRICT By: Date: 9. By: Date: 10. By: Date: By: Date: COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT OTAY WATER DISTRICT 11 NxnONAL CITY SDPUB\l'DS'2766JI 6-53 ATTEST ATTEST YJyJ-l~~OtbWtlP ATTEST ATTEST ATTEST ATTEST 6. LEMON GROVE SANITATION ATTEST DISTRICT By: Date: 7. CITY OF POWAY ATTEST By: Date: 8. ATTEST By: Cln .' -y /2 'If) j ~:t!;fc<: / '.= Date: =:E~c ~j ~ ::'4.~ ~r - -;.(:)~ ....:~:::- 9. COUNTY OF SAN DIEGO on ATTEST ~~""" ~~;/~~ ~o-o. "" NO'l. ....~:$' behalf of WINTER GARDENS 9/.~""""""'",,~~ '/1111 Jf- t \,,~ SEWER MAINTENANCE IJIIIIIIIU\\\\\\: DISTRICT LAKE-SIDE/ALPINE SANITATION DIS-TRICT AND SPRING VALLEY SANITATION DISTRICT By: Date: 10. OTAY WATER DISTRICT ATTEST By: Date: 11. NATIONAL CITY ATTEST By: Date: Page 3 of 3 $DPUI3'J'DS\17(x:..'t 6-54 6. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: 10. By: Date: II. By: Date: LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT WINTER GARDENS SEWER MAINTENANCE DISTIUCT, LAKE- SIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT, SPRING VALLEY SANITATION DISTRICT lll_J._ c.....oI""~ ~V.,"...,. - ~.\ ,\.O~ 01' A Y WATER DISTRICT NATIONAL CITY Sj)Purl\!'D~~2 1(i631 6-55 ATTEST ATTEST ATTEST ATTEST Alll>roved andle< authorized by tI1e Iloud 01 Supe~." 01 tie eo_ 01 San llIe\lC! Data ,,~ lU'-1ut9 Order No.-=..at THOMAS J. 'PASTUSZlIA g~<H1<~~~ISupeMsors Deputy C1e~ ATTEST ATTEST ~I'OAMANlIlEGAU1Y BV_ ..;if""' '" ~ S- -7-....).J. DEPUTv G. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT 10. OTAYWATERDISTRICT By: ~~ 6--yD Date: S \ 2'=>[ ~ ~ 11. NA"I10NAL CITY By: Date: SDI'UTIIJ'DS\27f>6'i! 6-56 ATTEST ATTEST ATTEST ATTEST ATTEST ~~.~.,L' 1----8--- A TrEST , ~ 6. By: Date: 7. By: Date: 8. By: Date: 9. LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING V ALLEY SANITATION DISTRICT By: Date: 10. OT A Y WATER DISTRICT By: Date: II. By: -------.-.---- ___~~-:K I~71~/P3-~OR Date: SPPUIl\I'DS'T'16(':ll 6-57 ATTEST ATfEST ...,.----.---.--.--- ATrEST ATTEST -------.-.....------- ATrEST -'-"-"'--'-'~ U" AT:EST . __ ..~ __________ ICIIAEL R II LA, CITY CLERK ExmBIT 0 THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CHULA VISTA AS A P ARTICIP ATING AGENCY This Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this _ day of , 2007, which date shall be the date of the last signature affixed hereto, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code Section 6500 et seq. and the City ofChula Vista ("Chula Vista"). RECITALS WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California; the City of Po way, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside! Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JP A; and WHEREAS, the JP A desires that Chula Vista join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Chula Vista as a Participating Agency of the JPA; and WHEREAS, the City Council of Chula Vista has approved joining the JPA as a Participating Agency of the JP A; and WHEREAS, it is mutually agreed between the City Council of Chula Vista, and the Participating Agencies to add Chula Vista as a Participating Agency; and WHEREAS, the Parties desire to amend certain sections of the Agreement adding Chula Vista as a Participating Agency, allowing the inclusion of a termination provision and 6-58 2 some clarifying language, and that all other terms and provisions of the Agreement remain in full force. NOW, THEREFORE, BE IT RESOL YED, that the parties do hereby mutually agree that the Agreement is hereby amended as follows: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Chula Vista as a JP A Participating Agency. 2. Recital 7th, is hereby amended to read as follows: "WHEREAS, in enacting the Bond Law, the Legislature of the State of California declared in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State of California to expand, upgrade and otherwise improve the public capital facilities of local government necessary to support the rehabilitation and construction of residential and economic development; and (b) that it is (was) the intent of the Legislature to assist in the reduction of local borrowing costs, help accelerate the construction, repair, and maintenance of public capital improvements, and promote greater use of existing and new financial instruments and mechanisms, such as bond pooling by local agencies." 3. Article II, Section 2.03. Board, is hereby amended to read as follows: "Section 2.03. Board. The JP A shall be administered by a Board of Directors. The Board shall be composed of one appointee from each of the Participating Agencies. In addition to appointing its member to the Board, each Participating Agency shall appoint one alternate. The alternate appointed by a Participating Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent. The Board shall be called the "Board of Directors of the Metro Wastewater JPA." All voting power of the JPA shall reside in the Board." 4. Article VII, Section 7.03, Term, is hereby added to read as follows: ARTICLE vn TERM AND WITHDRAWAL "Section 7.03. Withdrawal of a Participating Agency from the JPA. Notwithstanding anything to the contrary and subject to the terms and conditions set forth in this Section, and any other terms and conditions required by law or contract, a Participating Agency may withdraw from the JP A at any time by providing the Board with written notice of its intent to withdraw in accordance with the notice provisions set forth in Section 8.01. The withdrawal shall become effective ninety days after such notice is given. The withdrawal of any Participating Agency from the JP A shall not terminate this Agreement. 6-59 3 The withdrawing Participating Agency shall: (a) remain liable for its share of the budgeted and administrative expenses of the JP A pursuant to Section 6.05, Annual Budget and Administrative Expenses, for the fiscal year in which the withdrawal is effective; and (b) remain liable for its proportionate share of Financing Expenses resulting from bonds, and any contracts related thereto, issued by the JP A on behalf of and! or issued by the withdrawing Participating Agency. A withdrawing Participating Agency is entitled to any sum due that Participating Agency pursuant to Section 5.02, Credit to the Participating Agencies, at the end of the fiscal year in which the Participating Agency's withdrawal is effective; provided, however, nothing herein shall be construed to entitle a withdrawing Participating Agency to any interest accrued by any investments of IP A surplus funds if the maturity date of said investment occurs later than the fiscal year in which the Participating Agency's withdrawal is effective. A Participating Agency wishing to withdraw from the IP A shall provide the JP A with a written acknowledgement, acceptable in a form and content to the IP A, of liabilities and obligations of the withdrawing Participating Agency, as specified in this Section, which shall survive the withdrawal of the Participating Agency from the JP A. The withdrawing Participating Agency shall also provide the IP A with a written opinion from its counsel that any liabilities and obligations of the withdrawing Participating Agency described in Section 7.03(b) of this Agreement, will remain legal, valid and binding obligations of the withdrawing Participating Agency, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditor's rights in general and to the application of equitable principles, if equitable remedies are sought, and to the limitations on legal remedies against local public entities, such as the withdrawing Participating Agency, in the State ofCalifomia. 5. Article VIII, Miscellaneous Provisions, Section 8.05, Amendments, is hereby amended to read as follows: "Section 8.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the IP A or certificates of participating in payments to be made by the IP A or the Participating Agencies or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by all of the parties to this Agreement or for any other purpose, including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuant of the purposes of this Agreement." 6. All other terms and conditions of the Agreement shall remain in full force and effect. [End of Page. Next Page is Signature Page] 6-60 4 Page I of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: CITYOFCHULA VISTA Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Date: CITY OF CORONADO By: Approved as to form: By: Date: CITY OF DEL MAR By: Approved as to form: By: Date: CITY OF EL CAJON By: Approved as to form: By: 6-61 5 Page 2 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority CITY OF IMPERIAL BEACH Date: By: Approved as to form: By: Date: CITY OF LA MESA By: Approved as to form: By: Date: LEMON GROVE SANITATION DISTRICT By: Approved as to form: By: Date: CITY OF POW A Y By: Approved as to form: By: 6-62 6 Page 3 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: PADRE DAM MUNICIPAL WATER DISTRICT By: Approved as to form: By: Date: COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT By: Approved as to form: By: Date: OTA Y WATER DISTRICT By: Approved as to form: By: 6-63 7 Page 4 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: NATIONAL CITY By: Approved as to form: By: J:\Engineer\AGENDA\Agreements\2007\Third Amendment Joint Powers Agreement.lp.doc 6-64 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE THE TERMS OF THE JPA AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT METRO W ASTEW A TER JP A ADDING CHULA VISTA AS A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; APPOlNTING COUNCILMEMBER CASTANEDA AS THE AL TERNA TE ON THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; AND APPOINTING THE CITY MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO W ASTEW A TER JP A WHEREAS, on October 25, 2000, the Cities of Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, and Poway, the Lemon Grove Sanitation District, the Padre Dam Municipal Water District, and the County of San Diego (on behalf of the Winter Gardens Sewer Maintenance District, the Lakeside/Alpine Sanitation District, and the Spring Valley Sanitation District) (Participating Agencies) entered into a Joint Exercise of Powers Agreement (JPA Agreement) and created a public entity known as the Metro Wastewater JPA (JPA); and WHEREAS, the purpose of the JP A is to take action pertaining to the Participating Agencies' responsibilities and obligations to provide for the financing of public capital improvements for the Metro Sewerage System which are constructed pursuant to the Metro Agreement; and WHEREAS, Section 8.05 of the JP A Agreement provides that the JP A Agreement may be amended in order to add new parties to the JP A; and WHEREAS, the Otay Water District joined the JPA on February 12,2003, pursuant to the First Amendment to the JPA Agreement and National City joined the JPA on June 4, 2003, pursuant to the Second Amendment to the JP A Agreement; and WHEREAS, Chula Vista desires to join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Chula Vista as a Participating Agency of the JP A; and WHEREAS, staff recommends amending the JPA Agreement to add Chula Vista as a Participating Agency, include a termination provision, and to clarifY certain language. 6-65 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it authorizes the City to become a Participating Agency of the Metro Wastewater JPA contingent upon the adoption of the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JPA by the Participating Agencies of the Metro Wastewater JPA. 2. The City Manager or Designee to finalize the terms of the JP A Agreement. 3. That it authorizes the Mayor to execute the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JPA to add Chula Vista as a Participating Agency, include a termination provision, and to clarify certain language. 4. That it appoints the Mayor to the Board of Directors of the Metro Wastewater JPA. 5. That it appoints Councilmember Castaneda as the alternate to the Board of Directors of the Metro Wastewater JPA. 6. That it appoints the City Manager or Designee as the second alternate to the Board of Directors of the Metro Wastewater JPA. Presented by Approved as to form by Scott Tulloch City Engineer H:\ENGINEER\RESOS\Resos2007\07-17-07\JPA Membership.lp revised by ec (clean copy).doc 6-66