HomeMy WebLinkAboutAgenda Report - November 6, 2013 C-13AGENDA ITEM C015
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Authorize City Manager to Execute Agreement Extending Term of the
Northeastern San Joaquin County Groundwater Banking Authority Joint Powers
Agreement
MEETING DATE: November 6, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Authorize City Manager to execute agreement 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 Banking 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; in
2011, it was extended to June 30, 2012; and in 2012, it was extended to June 30, 2013. At this time, the
GBA Board recommends an agreement to extend the sunset date to June 30, 2015. 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 partially funded by grants, future grant fund potential
and general support for area water supplies.
FUNDING AVAILABLE: Water Fund (180451)
Jordan Ayers
Deputy City Manager/Internal Services Director
F. Wally Vndelin
Public Works Director
FWS/pmf
Attachments
cc: Deputy Public Works Director —Utilities
APPROVED:
K3'nrcYdf Bartlam, City Manager
K:\WP\C0UNCIL\2013\GBA JPA Extension.doc
10/21/2013
A -13 -
JOINT EXERCISE OF POWERS AGREEMENT
EASTERN SAN JOAQUIN COUNTY
GROUNDWATER BASIN 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 ("NSJWCD"), City of Manteca (Manteca), South San
Joaquin Irrigation District (SSJID), 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 California Government Code Section
6500 et seq. there is hereby created a public entity to be known as the "Eastern San Joaquin
County Groundwater Basin 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 Eastern 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 projects that improve water supply reliability and/or improve groundwater
level in Eastern 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 develop and maintain the Eastern San Joaquin County Integrated Regional
Water Management Plan (IRWMP).
(b) To facilitate the financing and construction of specific projects contained in the
adopted IRWMP.
(c) To apply for grant funding to support the activities of the Authority, its member
agencies, and San Joaquin County as a whole
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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 et seq., 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
GOVERNING BODY
Section 3.01. Governing Board. The Authority shall be administered by a Board of
Directors ("Board"), 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 "Eastern San
Joaquin County Groundwater Basin Authority Board". All voting power of the Authority shall
reside in the Board.
A. The governing body of the Authority shall be a Board of Directors
("Board") which shall consist of 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
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or, in the event of a conflict of interest preventing the regular Director
from voting, to vote because of such a conflict of interest.
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 present in a quorum of the
Board, or designated alterative Director shall be required for any action of the Board. Directors
from member agencies who are delinquent in any past or present monetary contributions will be
asked to voluntarily abstain from voting on all matters.
Section 3.06. Bylaws. The Board shall adopt bylaws and governing regulations
consistent with this agreement, which may be amended from time to time, 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
Vice -chair shall serve at the pleasure of the board, shall perform the duties normal to said office,
and
A. The Chair 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 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 act on behalf of the
Authority and perform such other duties as may be imposed by the Board.
D. The Chair, Vice -chair, or Secretary or his designee may sign
all contracts and agreements as approved by the Board.
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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
Government 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.
ARTICLE 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 Board shall adopt a budget for the Authority. 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 member agencies shall make contributions
April 10, 2013 - 4 -
which shall be included in the budget adopted by the Board. A Member's affirmative vote to
approve a budget does not constitute consent to finance or otherwise participate in any project or
projects within that budget.
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. 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.
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 firm commitment by any individual Member to enter into a project. This Agreement shall
not prohibit independent projects by Members.
ARTICLE VIII
TERM, WITHDRAWAL; TERMINATION
Section 7.01. Term, The Members hereby agree to establish the Eastern San Joaquin
County Groundwater Basin Authority, through June 30, 2015. The term may be automatically
extended to coincide with the fulfillment of any outstanding agreements or contracts. The Board
may also take action to extend the term of this agreement.
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 the Board at any time,
or from time to time.
April 10, 2013 - 5 -
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.
ATTEST: MIMI DUZENSKI
Clerk of the Board of Supervisors
of the San Joaquin County Flood
Control and Water Conservation District
By (SEAL)
Deputy Clerk
ATTEST:
CLERK
ATTEST'
CLERK
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attbrne.
ATTEST:
CLERK
SAN JOAQUIN COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT
LIM
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:
Title City Manager
"LODI"
STOCKTON-EAST WATER DISTRICT
By: _
Title:
April 10, 2013 - 6 -
ATTEST:
CLERK
ATTEST:
CLERK
ATTEST:
CLERK
ATTEST:
CLERK
"SEWD"
CENTRAL SAN JOAQUIN WATER
CONSERVATION DISTRICT
By:
Title:
"CENTRAL"
WOODBRIDGE IRRIGATION DISTRICT
By: _
Title:
"WOODBRIDGE"
NORTH SAN JOAQUIN WATER
CONSERVATION DISTRICT
By:
Title:
"NSJWCD"
CITY OF MANTECA, a municipal
corporation of the State of California
By: _
Title:
"MANTECA"
April 10, 2013 - 7 -
ATTEST:
SOUTH SAN JOAQUIN
IRRIGATION DISTRICT
CLERK By:
Title:
"SSRD"
ATTEST: CENTRAL DELTA WATER AGENCY
CLERK
Title:
"CENTRAL DELTA"
ATTEST: SOUTH DELTA WATER AGENCY
CLERK
Title:
APPROVED AS TO FORM:
By
LAWRENCE P. MEYERS
Deputy County Counsel
"SOUTH DELTA"
April 10, 2013 - 8 -