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May 14, 2024
ITEM TITLE
Agreements: Fourth Amendment to the Joint Exercise of Powers Agreement between the City and Metropolitan Wastewater Joint Powers Authority
Report Number: 24-0148
Location: No specific geographic location
Department: Engineering & Capital Projects
G.C. § 84308: No
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Approve a resolution amending sections 3.02 and 3.05 of the Joint Exercise of Powers Agreement for Metro Wastewater Joint Powers Authority reflecting updates in designating officers and employees of the organization.
SUMMARY
The purpose of the Joint Exercise of Powers Agreement is to create a Public Agency with the authority to take action pertaining to the financing of public capital improvements for the Metro Sewerage System that are constructed pursuant to the Metro Agreement. The City of Chula Vista was added as a Participating Agency to this Agreement on October 17, 2007 . The proposed Fourth Amendment to the Agreeme nt makes two revisions to the Agreement to reflect updates in officer eligibility for the Metro Wastewater Joint Powers Authority.
ENVRONMENTAL REVIEW
The Director of Development Services 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 proposed activity consists of a governmental fiscal/administrative activity which do es not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On October 25, 2000, the following local agencies and water districts entered into a Joint Exercise of Powers Agreement (the “Agreement”), creating the Metro Wastewater Joint Powers Authority (“Metro JPA”) for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste water Disposal Agreement:
City of Coronado, City of Del Mar , City of El Cajon, City of Imperial Beach, the City of La Mesa, Lemon Grove Sanitation District, City of Poway, Padre Dam Municipal Water District , and the County of San Diego.
On February 12, 2003, via the First Amendment to the Agreement, the Otay Water District was added as a Participating Agency of the Metro JPA; and
On June 4, 2003, via the Second Amendmen t to the Agreemen t, the City of National City was added as a Participating Agency of the Metro JPA; and
On October 17, 2007, via the Third Amendment to the Agreement , the City of Chula Vista was added as a Participating Agency of the Metro JPA; per City Council Resolution No. 2007-183.
The proposed Fourth Amendment (Attachment 1) makes the following two amendments to the Agreement to reflect updates to officer eligibility for the Metro JPA:
(1) It amends section 3.02, Treasurer and Auditor, by expanding the definition to allow the Metro JPA Board to appoint anyone authorized by the Joint Powers law to be treasurer/auditor, whereas currently the language of the JPA only allows the finance manager or director of one of the Participating Agencies to be designated as the auditor/treasurer (the final appointment, however, remains with the Metro JPA Board of Directors); and
(2) It amends section 3.05 by striking the provision that requires the Metro JPA’s legal advisor to also be counsel to one of the Participating Agencies. This strikeout is proposed to avoid potential or perceived conflicts of interest, although it does not preclude the Metro JPA’s legal advisor from also being legal counsel to one of the Participating Agencies.
Neither amendment changes either of the current appointments for treasurer/auditor or legal advisor. These are merely clean-up items that accompany the Metro JPA’s recent organizational assessment.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There will be no fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
Adoption of this resolution will have no on-going fiscal impact.
ATTACHMENTS
1. Fourth Amendment to Joint Exercise of Powers Agreement
Staff Contact: Matt Little, Acting Director of Engineering and Capital Projects Patrick Moneda, Acting Principal Engineer Advance Planning Michael Benoza Acting Senior Civil Engineer, Wastewater