Res 03-022RESOLUTION NO. 03 -022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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."
Resolution No. 03- 022
Page 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.
ATTEST: ~
~'~e-r~i~ ~.'W~rell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 03 - 022 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: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
-'~6errie D.~W'o-rrell~ I~eput~'C'Tty Clerk
Resolution No. 03-022
Page 3
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 Exercise of Powers Agreement for the Metro
Wastewater Joint Powers Authority, is made and entered into on this 15th day of
April ,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 mtmicipal 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 secti°n 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.
SDPUB~PDS~276631 Exhi bi t A
Resolution No. 03-022
Page 4
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 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 first written above, which date shall be the date of the last signature affixed hereto.
By:
Date:
2.
By:
Date:
3.
By:
Date:
4.
By:
Date:
5.
By:
Date:
CITY OF CORONADO
ATTEST
CITY OF DEL MAR
CITY OF EL CAJON
CITY OF IMPERIAL BEACH
CITY OF LA MESA
ATTEST
ATTEST
ATTEST
ATTEST
SDPUB~PDS~276631
6. LEMON GROVE SANITATION
DISTRICT
By:
Date:
By: ~(.d~ (~
Date: ^pri l 1§~ 2003 ~
8. PADRE DAM MUNICIPAL WATER
DISTRICT
By:
Date:
By:
COUNTY OF SAN DIEGO on behalf
of WINTER GARDENS SEWER
MAINTENANCE DISTRICT LAKE-
SIDE/ALPINE SANITATION DIS-
TRICT AND SPRING VALLEY
SANITATION DISTRICT
Date:
10.
By:
OTAY WATER DISTRICT
NATIONAL CITY
Date:
11.
By:
Date:
Resolution No. 03-022
Page 5
ATTEST
ATTEST
ATTEST
ATTEST
ATTEST
SDPUB~PDS~.76631