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HomeMy WebLinkAboutAgenda Report - July 18, 2001 I-04CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Review Amendment to Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement and Authorize Financial Contributions to the Authority up to $20,000 per Year MEETING DATE: July 18, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council review the draft amended Joint Powers Agreement (JPA) and take the appropriate action; and authorize financial contributions to the Authority up to $20,000 per year. BACKGROUND INFORMATION: Earlier this year, the City Council approved City participation in the Northeastern San Joaquin County Groundwater Banking Authority. The goal of the Authority is to facilitate development of locally supported groundwater banking projects and, specifically, to work with East Bay Municipal Utilities District and Sacramento County and City interests toward participation in the Freeport Regional Diversion Project. Mayor Alan Nakanishi was named as the City's representative to the Board and our two alternates are Council Member Susan Hitchcock and Public Works Director Richard Prima. The Authority recently received a request from the Central Delta Water Agency and the South Delta Water Agency that they be admitted as full members. The Board reviewed the matter and, following initial negative stands by County representative Jack Sieglock and Lodi (Prima), voted to recommend approval with an additional change in the JPA that the unanimous voting requirement be relaxed to a two-thirds vote. While this change was being approved by the members, Stockton East Water District requested that the amendment be modified to require a minimum of five votes. That change was approved by the JPA Board and is included in Section 3.05 of the attached amended Agreement. The change in the Agreement requires approval of all the members. As of this writing, other member agencies are still responding to this request. Staff will make a short presentation and recommendation on this issue at the Council meeting. The funding request is, in effect, replacing previously approved funding for the East San Joaquin Parties Water Authority which was not spent in fiscal year 2000/01. Funds were included in the new Water Operating Budget for this purpose. FUNDING: Water Fund $20,000 fiscal year 2001/02 $20,000 fiscal year 2002/03 Funding Available: V :tet ,, fn 4JZ, Vicky McAthie, Fi ce Direct Richard C. Prima, Jr. Public Works Director RCP/Im Attachment cc: Fran Forkas, WaterlWastewater Superintendent Jack Sieglock, County Supervisor APPROVED: H. Dixon Flynn -- City Manager NSJCGroundwaterBankAuthority 07/02/01 A -01 - 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 ("NSJWCD"), 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 Authoritv. Pursuant to Government Code Section 6500 et seq. there is hereby created a public entity to be known as the "Northeastern San Joaquin County Groundwater Banking Authority" which shall be a public entity separate and apart h7om 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 Jofiquin 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 - 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 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 "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. Votine. 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. 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 Secretarv. 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 - 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 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. June 27, 2001 - 3 - 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 firm commitment by any individual Member to enter into a groundwater banking project. June 27, 2001 - 4 - 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. ATTEST: LOIS M. SAHYOUN Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District By (SEAL) Deputy Clerk ATTEST: CLERK SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT LM DARIO MARENCO, Chairman Board of Supervisors "COUNTY DISTRICT' CITY OF STOCKTON, a municipal corporation of the State of California Title: "STOCKTON" June 27, 2001 - 5 - ATTEST: CLERK ATTEST: CLERK ATTEST: CLERK ATTEST: CLERK CITY OF LODI, a municipal corporation of the State of California By: Title "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 - ATTEST: NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT CLERK By: Title: "NSJWCD" ATTEST: CENTRAL DELTA WATER AGENCY By: CLERK Title: "CENTRAL DELTA" ATTEST: SOUTH DELTA WATER AGENCY LIM CLERK Title: APPROVED AS TO FORM: TERRENCE R. DERMODY County Counsel By MICHAEL McGREW Assistant County Counsel "SOUTH DELTA" June 27, 2001 - 7 -