Item 10 - Reso Authorizing Execution of 2nd Amendment to Metro Wastewater Joint Powers Authority Agreement � pwrAGEA REPORT SUMMARY !
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IN THE C0
TO: Honorable Mayor and Members of the City Council
•!
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FROM: James L. Bowersox, City ManaS t
INITIATED BY: Jim Howell, Director of Public Work
DATE: April 15, 2003
SUBJECT: A Resolution Authorizing Execution of the Second Amendment to Metro Wastewater
Joint Powers Authority Agreement to the Metro Wastewater Joint Powers Authority
Agreement Adding the City of National City as a Participating Agency
ABSTRACT
On August 15, 2000, the City Council approved the City entering into the Amended Joint E ercise of Powers
Agreement for Participating Agencies to finance their share of public capital improvements for the Metropolitan
Sewerage System. Article 8 of the Agreement states the agreement may be amended in order to add new
parties wishing to be a Participating Agency.The City of National City is requesting to become a member of the
Metro Wastewater JPA. •
On February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; Chula Vista
remains the only City who is not a Participating Agency of the JPA.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
May result in a saving of$500 to $1,000 annually.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION •
It is recommended that the CityCouncil take the following actions:
1. Approve the attached resolution, Attachment 1, authorizing the execution of the Second Amendment to
Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Add the City of
National City as a Participating Agency, and
2. Authorize the Mayor to sign the attached Agreement, Exhibit "A" to the Resolution, adding the City of
National City as a Participating Agency of the Metro Wastewater Joint Powers Authority.
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ACTION
Approved staff recommendation, adopted Resolution No. 03-022, 4-0, with Deputy Mayor
Rexford absent. Id . • 0-&-d,--
%�,�1. . n /1
1 of 8 April 15, 2003, Item #
CITY OF POWAY
AGENDA REPORT
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fill out e slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manacq~"
INITIATED BY: Jim Howell, Director of Public Wor sl~
DATE: April 15, 2003
SUBJECT: A Resolution Authorizing Execution of the Second Amendment to Metro
Wastewater Joint Powers Authority Agreement for the Metro Wastewater
Joint Powers Authority Agreement Adding the City of National City as a
Participating Agency
BACKGROUND
On August 15, 2000, the City Council approved the City entering into the Amended Joint Exercise
of Powers Agreement for Participating Agencies to finance their share of public capital
improvements for the Metropolitan Sewerage System. The agreement also affords each
Participating Agency the opportunity to finance its wastewater capital improvement obligation to
the City of San Diego for the construction of improvements, if desired. Additionally, the Joint
Powers Authority (JPA) has gained greater respect and greater influence when working in
partnership with the City of San Diego. It also is a vehicle for contracting for services such as
financial, scientific, and engineering.
On February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA;
Chula Vista remains the only City who is not a Participating Agency of the JPA.
FINDINGS
The City of National City is requesting to become a member of the Metro Wastewater JPA.
Article 8 of the Agreement states the agreement may be amended in order to add new parties
wishing to be a Participating Agency.
The JPA legal counsel, Best, Best & Krieger LLP has prepared a sample resolution for all
Participating Agencies to adopt in order to add the City of National City as a Participating Member
of the Metro Wastewater JPA.
2 of 8 April 15, 2003, Item
Resolution Authorizing Execution of the Second Amendment to Metro Wastewater Joint
Powers Authority Agreement
- April 15, 2003
Page 2
FISCAL IMPACT
May result in a savings of $500 to $1,000 annually.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the attached resolution, Attachment 1, authorizing the execution of the Second
Amendment to the Metre Wastewater Joint Powers Authority Agreement Regarding
Addition of the City of National City as a Participating Agency; and
2. Authorize the Mayor to sign the attached Agreement, Exhibit "A" to the Resolution, adding
the City of National City as a Participating Agency of the Metro Wastewater Joint Powers
Authority.
Attachments (1)
Attachment 1. Resolution Authorizing Execution of the Second Amendment to Metro
Wastewater Joint Powers Authority Agreement for the Metro Wastewater Joint
Powers Authority Agreement Adding the City of National City as a Participating
Agency
3 of 8 April 15, 2003, Item
RESOLUTION NO. 03 -
A RESOLUTION OF THE CITY COUNCIL OF THE OITY OF POWAY, CALIFORNIA,
AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE
METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT
REGARDING ADDITION OF THE CITY OF NATIONAL CITY AS A PARTICIPATING
AGENCY
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 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: the Winter Gardens Sewer Maintenance District, a maintenance district
established pursuant to California Streets & Highways 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, the City of National City desires to join as a JPA Participating
Agency, for the purpose of taking responsibility, actions, and decisions pertaining to the
Regional Waste Water Disposal Agreement; and
WHEREAS, the City Council of National City requests that the Participating
Agencies approve amending the JPA to include National City as a Participating Agency;
and
WHEREAS, it is the desire of the City Council of the City of Poway to approve
execution of the Second Amendment to Joint Powers Agency Agreement for the Metro
Wastewater Joint Powers Authority to add National City as a Participating Agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway as follows:
1. That National City is authorized to be added as a Participating Agency of the Joint
Powers Agency Agreement for the Metro Wastewater Joint Powers Authority,
subject to the terms and conditions set forth in the proposed Amendment, attached
hereto, and by this reference incorporated herein as Exhibit "A."
4 of 8 ATTACHMENT I April 15, 2003, Item
-- Resolution No. 03-
Page 2
2. That the Mayor and City Manager are hereby authorized to finalize and execute the
proposed Amendment, subject to additions or modifications thereto, as they may
deem in the best interest of the City, on behalf of the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 15th day of April 2003.
Michael P. Cafagna, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
- STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori An ne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 03 - was duly adopted by the City Council
at a regular meeting of said City Council held on the 15th day of April 2003, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lori Anne Peoples, City Clerk
5 of 8 April 15, 2003, Item # /~)
SECOND AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT FOR THE METRO WASTEWATER JOINT
POWERS AUTHORITY TO ADD THE CITY OF NATIONAL
CITY AS A PARTICIPATING AGENCY
This Second Amendment to the Joint Exemise of Powers Agreement for the Metro
Wastewater Joint Powers Authority, is made and entered into on this day of
,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;
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
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: 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, 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 JPA as a
Participating Agency of the JPA.
SDPHB~PDS~276631
6 of 8 APR 1 5 2003ITEM
AGREEMENT
NOW, THEREFORE, 1T IS AGREED AS FOLLOWS:
I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for
the Metro Wastewater J-PA 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 patties 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. CITY OF IMPERIAL BEACH ATTEST
By:
Date:
5. CITY OF LA MESA ATTEST
By:
Date:
7 of 8 APR 1 5 20031TE '
6. LEMON GROVE SANITATION ATTEST
DISTRICT
By:
Date:
7. CITY OF POWAY ATTEST
By:
Date:
8. PADRE DAM MUNICIPAL WATER ATTEST
DISTRICT
By:
Date:
9. COUNTY OF SAN DIEGO on behalf ATTEST
of WINTER GARDENS SEWER
MAINTENANCE 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:
APR 1 § 20031TEIVI # [0
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