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HomeMy WebLinkAboutAgenda Report - September 19, 2012 C-04#4 AGENDA ITEM Go CITY OF LODI04<iOA��P COUNCIL COMMUNICATION AGENDA TITLE: Authorize City Manager to Execute Amendment Extending Term of the Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement MEETING DATE: PREPARED BY: September 19, 2012 Public Works Director RECOMMENDED ACTION: Authorize City Manager to execute amendment extending term of the Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement. BACKGROUND INFORMATION: The City has participated in the Northeastern San Joaquin County Groundwater Ban king Authority (GBA) since its inception in 2001. This joint powers authority was formed as a successor to the East San Joaquin Parties Water Authority to further plan and set in motion projects to enhance our groundwater basin. In 2006, the GBA Board recommended an amendment to the agreement to extend the sunset date to June 30,2008; in 2008, it was extended to June 30, 2009; in 2009, it was extended to June 30, 2011; and in 2011, it was extended to June 30, 2012. At this time, the GBA Board recommends an amendment to extend the sunset date to June 30, 2013. The other terms of the agreement remain the same, including the City's annual "dues" of $20,000. Staff is in support of this recommendation. Copies of the amendments and the current agreement are attached. FISCAL IMPACT: The City's annual contribution to the Authority has been $20,000 per year over recent years, as well as staff time participating in various meetings. The City receives various benefits from participation in the Authority; including information sharing, participation in studies partiallyfunded by grants, future grant fund potential and general support for area water supplies. FUNDING AVAILABLE: Water Fun (180451) Jor 'an -)A y e r -s Deputy City Manager/Internal Services Director F. Wally ndelin Public Works Director FWS/pmf Attachments cc: Deputy Public Works Director— Utilities APPROVED: Konra'df—Bartlam, City Manager KAMTOUNCU2012\G13A JPA Extension.doc 8/9/2012 AGREEMENT TO EXTEND THE TERM OF THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATERBANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA Agreement A-12-01) This Amendment ("Amendment") is made pursuant to section 8.01 of the Northeastern San Joaquin County Groundwater Banking Authority Joint Exercise of Power Agreement as of by and between the San Joaquin County Flood Control and Water Conservation District ("County District"); the City of Stockton ("Stockton"); the City of Lodi ("Lodi"); Stockton East Water District ("SEWD"); Central San Joaquin Water Conservation District ("Central"); Woodbridge Irrigation District ("Woodbridge"); North San Joaquin Water ConservationDistrict ("NSJWCD"); Central Delta Water Agency ("Central Delta"); South Delta Water Agency ("South Delta"); and California Water Service Company ("Cal Water") NOW, THEREFORE, in consideration of the mutual obligations in this Amendment, the parties agree as follows: 1. ARTICLE VII, section 7.01 Term, of the original agreement is modified in its entirety as follows: Section 7.01. Term. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30,2012, until June 30,2013. 2. All provisions of the original agreement, except as modified by this Amendment, shall remain in full force and effect and are reaffirmed. In the event of any conflict, inconsistency, or incongruity between any provisions of this Amendment and any provision of the original agreement, the provision of this Amendment shall govern and control. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District (SEAL) Deputy Clerk ATTEST: CLERK ATTEST: CLERK APPROVED AS TO FORM: D. Stephen Schwabauer City Attorney ATTEST: CLERK SAN OAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT UA STEVE BESTOLARIDES, Chairman Board of Supervisors "COUNTY DISTRICT" CITY OF STOCKTON, a municipal corporation of the State of California Title: "STOCKTON' CITY OF LODI, a municipal corporation of the State of California By: Konradt Bartl an Title C it v Manager "LODI" STOCKTON EAST WATER DISTRICT Title: "SEWD" ATTEST: CENTRAL SA N JOAQUIN WATER CONSERVATION DISTRICT "NSJWCD ATTEST: CENTRAL DELTA WATER AGENCY By: CLERK Title: "CENTRAL DELTA" By CLERK Title: "CENTRAL" ATTEST: WOODBRIDGE IRRIGATION DISTRICT By: CLERK Title: "WOODBRIDGE" ATTEST: NORTH S A N JOAQUIN WATER CONSERVATION DISTRICT By: CLERK Title: "NSJWCD ATTEST: CENTRAL DELTA WATER AGENCY By: CLERK Title: "CENTRAL DELTA" ATTEST: SOUTH DELTA WATER AGENCY LIM Title: "SOUTH DELTA" ATTEST: CALIFORNIA WATER SERVICE COMPANY CLERK By: Title: "CAL WATER' APPROVED AS TO FORM: Lawrence P. Meyers Deputy County Counsel A-12-10 1/10/12 AGREEMENT TO EXTEND THE TERM OF THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANE ING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA AGREEMENT Pr11-01) This Amendment ( "Amendment") is made pursuant to section 8.01 of the Northeastern San Joaquin County GroundwaterBanking Authority Joint Exercise of Power Agreement as of by and between the San Joaquin CountyFlood Control and Water Conservation District 00ounk it Wbj&1;Ihe Chi of Stockton("Stockton"); the City of Lodi ("Lodi"); StocktonEast Water District("SEWD"); Central San Joaquin Water ConservationDistrict{"Central"); Woodbridge Irrigation District (Woodbridge"); North San Joaquin Water Conservation District ("NSJWCD"); Central Delta Water Agency ("Central Delta"); South Delta Water Agency (" SouthDelta"); and California Water Service ComparYy ("Cal Water") NOW ,THEREFORE, in consideration of the mutual obligations in this Amendment, the parties agree as follows: 1. ARTIC IE VII, section 7.01 Term, ofthe original agreement is modified in its entirety as follows: Section 7.01. Temp. The Mmbers hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Bwkixxj Authority, which terminates on June 30,201 I, to June 30,2012. 2 All provisions of the original agreement, except as modified by this Amendment, shall remain in full force and effect and are reaffirmed. In the event of any conflict, inconsistency, or incongruity between any provisions of this Amendment and any provision of the original agreement, the provision of this Amendment shall govern and oobal. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors SAN JOAQUIN COUNTY FLOOD ofthe San Joaquin County Flood CONTROL AND WATER CONSERVATION Control and Water Conservation Di ,,,ti DISTRICT By NHh1th-ic-4jjjCLQ Deputy Clerk } Y { STEVE J. EESTOI,ARIDES, CHAIRMAN Board of Supervisors "COUNTY DISTRICT" ATTEST CITY OF STOCKTON,a municipal corporadon ofthe State ofCalifornia By: Title: "STOCKTON" ATTEST C]TY OF LODI, a municipal corporation ofthe State of California By: CLERK' Title Hrimae'v Alli t4 for "LODI" ATTEST: STOCKTON EAST WATER DISTRICT By: Title: "SEWD" AGREEMENT TO EXTEND THE TERM OF THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATERBANKINGAUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA Agreement A-09-01) Tris Amendment ("Amendment") is made pursuant to section 8.01 of the Northeastern San Joaquin County Groundwater Banking Authority Joint Exercise of Power Agreement as of by and between the San Joaquin County Flood Control and Water Conservation District ("County District"); the City of Stockton ("Stockton"); the City of Lodi ("Lodi"); StocktonEast Water District ("SEWD"); Central SanJoaquin Water Conservation District ("Central"); Woodbridge Irrigation District ("Woodbridge'); Nzth Sari Joaquin Water Conservation District ("NSJWCD"); Central Delta Water Agency ("Central Delta"); South Delta Water Agency ("South Delta"); and California Water Service Company("Cal Water") NOW, THEREFORE, in consideration of the mutual obligations in this Amendment, the parties agree as follows: ARTICLE VII, section 7.01 Tenn, of the original agreement is modified in its entirety as follows: Section 7.01. Term. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30,2009, until June 30,201 1. 2. All provisions of the original agreement, except as modifiedby this Amendment, shall remain in full force and effect and are reaffirmed. In the event .of any conflict, inconsistency, or incongruitybetween any provisions of this Amendment and any provision of the original agreement, the provision of this Amendment shall govern and control. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST Clerk ofthe Board of Supervisors of the San Joaquin CountyFlood Control and Water Conservation Distr, Clerk ATTEST: CLERK ATTEST SAN JOAQUIN COUNTY FLOOD CONTROLAND WATER CONSERVATION 7 j /' Lerojiprnellas, Chairman GN Supervisors CDISTRICT" CITY OF STOCKTON, a municipal corporation of the State of California By: Title: "STOCKTON" CITY OF IMI, a municipal corporation of the State of California By: Cru—�4 .u{�G CLERK"" -" �`^Y 9T.: D AS TO FORM: -rTitle "LODI" Schwabauer, City Attorney SPOCKTONEAST WATER DISTRICT CLERK L --a Title: "SEW"99 EXTENSION OF THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA Agreement A-08-01) ARTICLE VII TERM: WITHDRAWAL, TERMINATION Section 7.01. Term. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30, 2008 until June 30, 2009. All other terms and conditions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors SAN JOAQUIN COUNTY FLOOD q County 0np"f- . ONTROL AND WATER CONSERVATION of the San Joaquin Coun Flood ,,: •- Control and Water Conservation Dis X -T -j M TRICT By OWtQ � 1.L.� 1�1P_ �c Deputy Clerk c;F���+ y S -q N VOGEL,airman Board oflulpervisors "COUNTY DISTRICT" ATTEST: CITY OF STOCKTON, a municipal corporation of the State of California By: zco &Z, CLERK J ordon Palmer, Jr. Title: City Manager "STOCKTON" ATTEST: CITY OF LODI, a municipal corporation of the State of California CLERK 0 Title "LODI" EXTENSION OF THE NORTHEASTERN S A N JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA Agreement 'A-08-01) ARTICLE VII TERM, WITHDRAWAL: TERMINATION Section 7.01. Term. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30, 2008 until June 30, 2009. All other terms and conditions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors SAN JOAQUIN COUNTY FLOOD of the San Joaquin County Flood CONTROL AND WATER CONSERVATION Control and Water Conservation District DISTRICT ON Deputy Clerk ATTEST: CLERK ATTEST: CL I JJHL APPROVED AS TO FORM: T - I City Attorney (SEAL) By KEN VOGEL, Chairman Board of Supervisors "COUNTY DISTRICT" CITY OF STOCKTON, a municipal corporation of the State of California By: Title: "STOCKTON ' CITY OF LODI, a municipal corporation of the State of California By: BLAIR KO�P— Title City Manager "LODI" ,Q -ado -foo eqaa 10 4� EXTENSION OF THE NORTHEASTERN SA N JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT (GBA Agreement A-06-02) ARTICLE VIII TERM; WITHDRAWAL:TERMINATION Section 7.01. Tenn. The Members hereby agree to extend the Joint Powers Agreement, establislung the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30, 2006, until June 30, 2008. All other terms and conditions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors SAN JOAQUIN COUNTY FLOOD of the San Joaquin County Flood CONTROL AND WATER CONSERVATION Control and Water Conservation Distri pqu±N DISTRICT By Deputy Clerk y]o�11,t. DARIOMARENCO, Chaimian Board of Supervisors "COUNTY DISTRICT" ATTEST: CITY OF STOCKTON, a municipal corporation of the State of California CLERK ATTEST: CLERK By: Title: "STOCKTON" CITY OF LODI, a municipal corporation of the State of California By: Title "LODI" A-06-2 EXTENSION OF THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT ARTICLE VIII TERINT: WITHDRAWAL;TERMINATION Section 7.01. Tenn. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30, 2006, until June 30,2005. All other terms and conditions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be esecuted on the day and year set opposite the name of the parties. ATTEST: Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District 0 Deputy Clerk ATTEST: CLERK ATTEST: (SEAL) APPROVED AS TO FORM: D. Stephen Schwa e City Attorney SAN JOAQUN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DARIO IviARENCO, Chairman Board of Supervisors "COUNTYDISTRICT" CITY OF STOCKTON, a municipal corporation of the State of California By: Title: "STOCKTON" CITY OF IMI,a municipal corporation of the State of California By: . Blair King Title city Manager "LODI" r r A-02- ea.j AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY THIS AGREEMENT is made by and among the San Joaquin County Flood Control and Water Conservation District ("County District"), the City of Stockton ("Stockton"), the City of Lodi ("Lodi"), Stockton -East Water District ("SEWD"), Central San Joaquin Water Conservation District ("Central"), Woodbridge Irrigation District ("Woodbridge"), North San Joaquin Water Conservation District (""NJWCD"), Central Delta Water Agency ("Central Delta") and South Delta Water Agency ("South Delta") collectively called the "Members". The Members hereby agree as follows: ARTICLE I GENERAL PROVISIONS Section 1.01. Creation of Authority. Pursuant to Government Code Section 6500 et seq. there is hereby created a public entity to be known as the `Wortheastern San Joaquin County Groundwater Banking Authority" which shall be a public entity separate and apart from the Members, and shall administer this Agreement. Section 1.02. Purpose. The purpose of this Agreement is to provide a consensus -based forum of public water interests concerning Northeastern San Joaquin County that will work cooperatively with unanimity toward achieving the goal as defined in Section 1.03 and speak on behalf of the Members with one voice. Section 1.03. Goal. The long-term goal of the Authority is to facilitate the development of locally' supported groundwater banking projects that improve water supply reliability in Northeastern San Joaquin County and to provide benefits to project participants and San Joaquin County as a whole. The Authority's short-term goals are as follows: (a) To participate in the design and implementation of the Freeport Regional Diversion Project so as to provide benefits to project participants and San Joaquin County. (b) To create an entity with the power to finance and construct specific projects. (c) To apply for grant funding to support the activities of the Authority. June 27,2001 - 1- 9 r ARTICLE II POWERS Section 2.01. Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers including, but not limited to the making and entering into contracts. Section 2.02. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in Government Code Section 6509 and to the restrictions upon the manner of exercising such powers that are imposed upon the County District in the exercise of similar powers. ARTICLE III ERNIN( BODY Section 3.01. Governing Board. The Authority shall be administered by a Board of Directors CSowfl , one appointed by each of the Member entities with a designation of two alternative Directors to serve as a replacement for the appointed Director as needed, to serve at the pleasure of their appointive governing body. The Board shall be called the "Northeastern San Joaquin County Groundwater Banking Authority Board". All voting power of the Authority shall reside in the Board. Section 3.02. Meetings of the Board. The Board shall provide for calling and conducting its regular meetings and special meetings, in accordance with Government Code Section 54950 et seq. Section 3.03. Minutes. The Secretary shall cause to be kept summary minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause of copy of the summary minutes to be forwarded to each Director and to each of the Members. Section 3.04. Voting. Each Director shall have one vote. Section 3.05. Quorum; Required Votes; Approval. A quorum of the Board for the convening of any meeting shall consist of a majority of all Directors, or designated alternative Director. An affirmative vote of at least a majority of all Directors, or designated alterative Director shall be required for any action of the Board. Five votes shall be required to pass any action of the Board • Section 3.06. Bylaws. The Board may adopt, from time to time, such bylaws and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE IV OFFICERS AND EMPLOYEES Section 4.01. Chair, Vice -Chair, and Secretary. The Board member from the County District shall be the Chair and in the Board member's absence the alternate member from County District shall act as Chair. The Board shall elect a Vice -chair from among the Directors. The June 27,2001 - 2 - e Vice -chair shall serve at the pleasure of the board, shall perform the duties normal to said office, and A. The chair shall sign all contracts authorized by the Board and shall represent the Board as directed by the Board and perform such other duties as may be imposed by said Board; B. The vice -chair shall act, sign contracts and perform all of the chair's duties in the absence of the chair; and C. The San Joaquin County Director of Public Works shall be the Secretary and provide staff to the Authority. The Secretary shall countersign all contracts signed by the chair or vice -chair on behalf of the Authority, perform such other duties as may be imposed by the Board. Section 4.02. Treasurer and Auditor. A. The County Treasurer shall be the depositary, shall have custody of all the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code Sections 6505 and 6505.5. The County Treasurer shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the County Auditor. B. The County Auditor shall have the duties and obligations of the Auditor set forth in Government Code Sections 6505 and 6505.5. The County Auditor shall assure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 4.03. Officers in Charge of Records; Funds; and Accounts. Pursuant to Govenunent Code Section 6505.1, the County Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 4.04. Employees and Consultants. The Board may make recommendations to the County District for the employment of employees or consultants to provide services to the Authority to_ accomplish the purposes of the Authority. The County District may employ employees and consultants and may execute contracts, supervise and direct, and provide payment for such employees and consultants. June 27,2001 - 3 - r f ARTIVLE V ACCOUNTS AND REPORTS: FUNDS Section 5.01. Accounts and Reports. The County Auditor shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of the Members. The Auditor, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members. Section 5.02. Funds. The County Treasurer shall receive, have the custody of and disburse Authority funds on warrants drawn by the County Auditor as nearly as possible in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement, or to carry out any of the provisions or purposes of this Agreement. Section 5.03. Annual Budget. The County District shall adopt a budget for the Authority. The Authority Board may make recommendations to the County District concerning the budget. The County District shall provide funds as set forth in the adopted budget which shall be limited to planning activities when using Zone 2 funds. Other members shall make contributions which shall be included in the budget adopted by the County District. Section 5.04. Intention for Reimbursement for Expenditures From Bond Proceeds. It is the intention of the Members that the advancement of monies by any Members for the expenses of the operational needs of the Authority may be reimbursed from the proceeds of bonds, if issued, for the water development projects undertaken by the Authority or by its successor organization, by vote of the Board. ARTICLE VI ASSOCIATE MEMBERSHIP Section 6.01. California Water Service Company and the Farm Bureau. CalWater and the Farm Bureau may be associate members of the Authority with one position each on the Board of Directors of the Authority. The associate members shall be entitled to participate in the meetings and discussions of the Board but the associate members shall not have the power to vote on any action to be taken by the Authority or to become an officer or Director of the Authority. ARTICLE VII CONTEMPLATED PROJECT It is contemplated that some or all of the Members will enter into subsequent agreements for the construction, operation, and maintenance of a project. Participation in this agreement is not a f= commitment by any individual Member to enter into a groundwater banking project. June 27,2001 - 4 - f r� u ARTICLE VIII TERM; WITHDRAWAL ;TERMINATION Section 7.01. Term. This Agreement shall become effective as of the date hereto and shall continue in full force and effect until June 30,2003. Section 7.02. Withdrawal of Member. A Member may terminate its Membership in the Authority at any time upon giving written notice of the withdrawal to the Authority. Section 7.03. Disposition of Assets. Upon termination of this Agreement, all remaining net assets of the Authority, both real and personal, shall be transferred to the County District. ARTICLE IX MISCELLANEOUS PROVISIONS Section 8.01. Amendments. This Agreement may be amended by unanimous consent of the Member agencies at any time, or from time to time. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set opposite the name of the parties. SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION ATTEST: LOIS M. SAHYOUN DISTRICT Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District _ By I&r Chairman By {SE Board of Supervisors �u , �'t� Deputy Clerk' "COUNTY DISTRICT" •:.F'> . : Wiz_' �?� ATTEST: CITY OF STOCKTON, a unicipal corporation of the Sta ifornia By• Uj, Z Title: "STOCKTON" r1Ti'OY'"'ups--- June 27,2001 BY y CityA=---f - 5 - ATTEST: SUS�.Iv J. BLAC�STON, CITY CLERK ATTEST: CLERK ATTEST: CLERK ATTEST: CLERK r CITY OF LODI, a municipal corporation of the State of California By: _( %:_� �_. Y_� .ALAN S. NAKANISHI Title: MAYOR . "LODI" STOCKTON-EAST WATER DISTRICT By: Title: "SEWD" CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By: Title: "CENTRAL" WOODBRIDGE IRRIGATION DISTRICT By: Title: "WOODBRIDGE' June 27,2001 - 6 - r. I - 1 1") A-04-1 AMENDMENT AND EXTENSION TO THE NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Article III GOVERNING BODY Section 3.01. Governing Board. (a) The governing body of the Authority shall be a Board of Directors ("Board') which shall consist of 10 voting Directors who shall be appointed as follows: (1) A representative of the governing body of each Member as appointed by the Member entities. (2) A representative of the following private water purveyors or investor owned utilities, as appointed by the City of Stockton: California Water Service Company (b) Prior to the appointment to the Board of the Directors described in subsection (a)(2) above, those represented entities shall submit a recommendation for appointment to the appointing authority. The appointing authority shall give consideration to such recommendations, but shall retain the absolute discretion to appoint any person satisfying the criteria for appointment. (c) The Members shall appoint one or more persons with the required qualifications to serve as alternate Directors of the Board in the same manner as the Director is appointed by the Members. Any such alternates shall be empowered to cast votes in the absence of the regular Directors or, in the event of a conflict of interest preventing the regular Director from voting, to vote because of such a conflict of interest. Article VI ASSOCIATE MEMBERSHIP Section 6.01. The San Joaquin County Farm Bureau may be an associate member of the Authority with a representative serving as an associate member on the Board of the Authority. Associate members shall be entitled to participate in the meetings and discussions of the Board but associate members shall not have the power to vote on any action to be taken by the Authority or to become an officer or Director of the Authority. I ARTICLE VIII TERM; wIIHDRA%Ar,_T_F_.RM NATION Section 7.01. Term. The Members hereby agree to extend the Joint Powers Agreement, establishing the Northeastern San Joaquin County Groundwater Banking Authority, which terminates on June 30,2004, until June 30,2006. IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: LOIS M. SAHYOUN Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By (SEAL) By Deputy Clerk ATTEST: CLERK ATTEST: CLERK LEROY ORNELLAS, Chairman Board of Supervisors "COUNTY DISTRICT" CITY CF STOCKTON, a municipal corporation of the State of California Title: "STOCKTON ' CITY OF LODI, a municipal corporation of the State of California Title "LODI"