CITY COUNCIL STAFF REPORT
May 7, 2024 {{section.number}}g
ADOPTION OF A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE JOINT
EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO AMEND SECTIONS 3.02 AND 3.05 OF THE AGREEMENT RECOMMENDATION:
Adopt a resolution approving the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Sections 3.02 and 3.05 of the Agreement.
BACKGROUND:
On October 25, 2000, agencies including the cities of La Mesa, Coronado, Del Mar, El Cajon, Imperial Beach, Poway, Lemon Grove Sanitation District, Padre Dam Municipal Water District, County of San Diego, Lakeside/Alpine Sanitation District, and the Spring Valley Sanitation District entered into a Joint Exercise of Powers Agreement creating a Joint Powers Authority (JPA) for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement.
The following amendments have been previously made to the Agreement. On February 12, 2003, the Otay Water District was added as a participating agency. On June 4, 2003, the City of National City was added as a participating agency. On October 17, 2007, the City of Chula Vista was added as a participating agency.
Article VIII, Section 8.05 of the Agreement allows for amendments of the agreement.
ANALYSIS:
The proposed fourth amendment to the Agreement will change language related to the Treasurer, Auditor, and Legal Advisor to the JPA. Currently, these positions must be filled by staff of, or a consultant to, one of the member agencies. The fourth amendment to the Agreement will permit these positions to be staffed by any person who is duly appointed by the JPA Board and permitted to serve pursuant to Government Code Sections 6505.5 and 6505.6.
Allowing outside persons to serve in these above referenced positions will allow for greater flexibility in staffing and contracting for work products; and will permit the JPA to freely select the best qualified persons. The previous language for Section 3.05 Legal Advisor had the potential to create a conflict of interest. In addition, obtaining qualified pro-bono JPA member agency staff time to allocate to these positions has become increasingly difficult.
Increased costs will be shared among the member agencies, and proportionally per the Agreement. Typically, the level of work involved for these positions is a few hours a week. The anticipated cost increase is dependent on the level of work products contracted in a given year, and is subject to JPA Board approval, of which City of Coronado is a member agency.
FISCAL IMPACT:
The current Fiscal Year 2023-24 wastewater operations account 61081000.80140 is budgeted at $3,099,400. This includes $22,000 for Metro JPA Participating Agency cost share and $3,077,400 for transportation and treatment costs. It is projected that a total of $2,594,029 will be expended by June 30, 2024, including a participation fee of $19,644. The amendment will likely result in an increased Participating Agency cost share of a few thousand dollars each fiscal year.
ALTERNATIVE:
City Council may elect to reject the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Resolution No. 2024-29
2. Fourth Amendment
Submitted By: Public Services and Engineering Department / Leon Firsht