May 21, 2024, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 21, 2024
Honorable Mayor and Members of the City Cou~I
Eric Heidemann, Director of Public Works jJAo/
Alisa Nichols, Utilities Administrator .71r
(858) 668-4703 or [email protected]
CITY COUNCIL
Approval of the Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and 3.05 of the Joint Powers Agreement
The proposed Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and 3.05 of the Joint Powers Agreement (Fourth JPA Amendment) makes two amendments to the joint powers agreement to revise language that reflects recent Metro Wastewater Joint Powers Authority (Metro JPA) organizational updates approved by the Metro JPA. The Metro JPA has requested the proposed Fourth JPA Amendment be taken to each Participating Agencies' (PAs) elected body for consideration and approval by June 30, 2024.
Recommended Action:
It is recommended the City Council approve the Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority and authorize the City Manager to execute the agreement and any related documents.
Discussion:
The Metropolitan Wastewater Commission was formed in 1998 pursuant to the terms of the Regional Wastewater Disposal Agreement (Metro Agreement) between the City of San Diego and twelve PAs.
The City of Poway is a party to the Metro Agreement for wastewater conveyance, treatment and disposal in the City of San Diego's Metropolitan Sewerage System (Metro System). In 2001, the Metro JPA was formed to provide the PAs with the authority and responsibility to take actions and make decisions pertaining to the Metro Agreement and provide for financing of public capital improvements for the Metro System, for which they collectively pay approximately 35 percent of the operation and capital costs. Poway is a signatory to the Joint Exercise of Powers Agreement for the Metro JPA. 1 of 8
May 21, 2024, Item #4
The Metro JPA chair, vice chair, secretary and treasurer are appointed by the Metro JPA Board of Directors pursuant to the Joint Exercise of Powers Agreement. In February 2024, after a recent organizational assessment, the Metro JPA voted to approve organizational changes to allow more flexibility in selecting and appointing the treasurer, auditor and legal advisor. The Fourth JPA Amendment updates two items that accompany the Metro JPA's recent organizational assessment as follows:
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 only allows the finance manager or director of one of the PAs 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 PAs. 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 PAs.
Neither amendment changes the current appointments for treasurer/auditor or legal advisor.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
There is no fiscal impact as a result of this action.
Public Notification:
None.
Attachments:
A. Cover letter from Procopio dated February 28, 2024
B. Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Sections 3.02 and 3.05 of the Joint Powers Agreement Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
May 21, 2024, Item #4
~Procopio~
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MEMORANDUM
TO:
FROM:
DATE:
Metro Wastewater JPA Board of Directors
Metro Wastewater Technical Advisory Committee
Participating Agency City Clerks and Board
Secretaries
Adriana R. Ochoa
February 28, 2024
PROCOPIO
525 BStreet
Suite 2200
San Diego, CA 92101
T. 619.238.1900
F. 619.235.0398
DEL MAR HEIGHTS
LAS VEGAS
ORANGE COUNlY
PHOENIX
SAN DIEGO
SILICON VALLEY
WASHINGTON, DC
RE: Fourth Amendment to Metro Wastewater JPA's Joint Powers Agreement Enclosed with this cover memo is the proposed Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.05 of the Joint Powers Agreement for each Participating Agency's review and approval.
This proposed Fourth Amendment makes two amendments to the joint powers agreement to reflect updates in officers for the Metro Wastewater Joint Powers Authority (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.
Comparisons between the old and proposed new language are below for your information and convenience. The strikeout shows the old language in comparison to the new language.
3.02 Treasurer and Auditor. Pursuant to Section 6505.6 of the Gm'ernment Gode, the finance manager or director of one of the Participating Agencies shall be designated as the Auditor and Treasurer of the JP/\. The Auditor and Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, shall have the duties and procopio.com
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May 21, 2024, Item #4
~Procopio
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obligations set forth in Section 6505 and 6505.5 of the Government Code and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the WA-
3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.
3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board. Such legal advisor shall be legal counsel to one of the Participating /\gencies.
REQUESTED ACTION: The Metro JPA respectfully requests the enclosed Fourth Amendment be added to each Participating Agencies' regular meeting agendas for consideration and approval, and returned to the Metro JPA Board Secretary, Lori Peoples, at [email protected], by no later than June 30, 2024. Any questions can be directed to Metro JPA's Executive Director, Karyn Keze, at [email protected] or Metro JPA's legal counsel, Adriana Ochoa, at [email protected]. procopio.com
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FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTIONS 3.02 AND 3.05 OF THE JOINT POWERS AGREEMENT This Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority is made effective as of the date of the last signature by a Participating Agency (defined below), in the County of San Diego, State of California by each of the Participating Agencies of the Metro Wastewater JPA, a Joint Powers Agency ("JP A") existing and organized pursuant to the provisions of Government Code section 6500 et seq.
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, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JP A; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JP A; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating Agency of the JP A; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and
WHEREAS, the Participating Agencies wish to make certain amendments to reflect updates in officers and employees of the organization.
AGREEMENT
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. Pursuant to Article VIII, Section 8.05 of the Agreement, each of the Participating Agencies hereby amend the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as follows:
1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:
3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JP A from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JP A. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.
2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:
3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JP A who shall perform such duties as may be prescribed by the Board.
B.. 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 remain binding upon each of the Participating Agencies.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date first written above.
1. CITY OF CORONADO ATTEST
By:
2. CITY OF DEL MAR ATTEST
By:
3. CITY OF EL CAJON ATTEST
By:
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4. CITY OF IMPERIAL BEACH ATTEST
By:
5. CITY OF LA MESA ATTEST
By:
6. LEMON GROVE SANITATION ATTEST
DISTRICT
By:
7. CITY OF POWAY ATTEST
By:
8. PADRE DAM MUNICIPAL WATER ATTEST
DISTRICT
By:
9. COUNTY OF SAN DIEGO on behalf of ATTEST
WINTER GARDENS SEWER
MAINTENANCE DISTRICT, LAKESIDE
SANITATION DISTRICT, ALPINE
SANITATION DISTRICT, AND SPRING
VALLEY SANITATION DISTRICT
By:
10. OTAY WATER DISTRICT ATTEST
By:
11. NATIONAL CITY ATTEST
By:
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May 21, 2024, Item #4
12. CHULA
VISTA
By:--------------
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ATTEST