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HomeMy WebLinkAboutAgenda Report - August 4, 2004 E-08AGENDA ITEM Fwwlt CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Approve Amendment to the Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement MEETING DATE: August 4, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That Council approve an amendment to 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. The GBA Board has recommended an amendment to the agreement that 1) adds the California Water Service Company as a member, and 2) extends the sunset date to June 30, 2006. Staff is in support of this recommendation. Copies of the amendments and the current agreement are attached. FUNDING: Water Fund (none needed for this action) � a 4-0a Richard C. Prima, JK) Public Works Director RCP/pmf Attachment cc: Frank Beeler, Assistant Water/Wastewater Superintendent Wally Sandelin, City Engineer APPROVED: GBAAmendmentdoc Dixon Flynn, City M6nager 7/26/2004 (MANIENI HERS SAN JOAQUIN COt VrY C11 Y OF LODI CITY OF STOCKW" vwum EAsr kk AtER Dd Pkic r WOODBRIDGE IRRnAMON DISTRI(I cE.N-rRAL SAN YJArA1110 WATER CONSEM.'AlWiN [MMUCT NORTH SAN J0A%%.%I WATER CONSERV4110K F)4,TMI(,-r CENTRAL DELTA * Atkil MIM'Y SOUTH OELTA WATF* ArrFNrT Mr. Richard Prima City of Lodi 221 West Pine Street Lodi, California 95241 NORTHEASTERN SAN JOAQUIN COUNTY JACK SIEGLOCK GROUNDWATER BANKING AUTHORITY CHAIRMAN P.O. BOX 18 10 18 10 EAST HAZELTON AVENUE STOCKTON. CALIFORNIA 95201 (209) 468-3089 (209) 468-29991FAX July 2, 2004 TOM FLINN SECRETARY RECEIVED JUL - 6 2004 e CITY OF LODI IIL41tif DEPARTMEW SUBJRCT: 410INT POWERS AGREEMENT AMENDMENTS - GOVERNING BOARD AND _k. XTENSION REVISIONS Dear �Lpf_i`m'a: Over the past several years, the Northeastern San Joaquin County Groundwater Banking Authority (GBA) has provided a consensus -based forum of local public water interests to work cooperatively with one voice to study, investigate, and plan locally supported Water Resource projects in the northeast County. At times, it has been necessary to amend the original Joint Exercise of Powers Agreement to make changes according to requests of the GBA. Of late, two issues have arisen including the addition of California Water Service Company as an official board member through the City of Stockton and the extension of the Joint Exercise of Powers Agreement through June 30, 2006. At the GBA's regularly scheduled meetings in May and June, discussions took place and unanimous motions were made to approve of this change in the governing board structure and to extend the Joint Exercise of Powers Agreement. In order to finalize these amendments to the Joint Exercise of Powers Agreement, could you please have this item reviewed by your respective board and returned to me with approved signatures by the next GBA Board Meeting on August 11, 2004. Also on that day, the San Joaquin County Groundwater Banking Authority will hold the Public Hearing to adopt the Eastern San Joaquin Groundwater Basin Management Plan. We encourage your attendance for this important event. Should you ha�ve ant questions or concerns, please contact me at (209) 468-3089. Sincerely, MEL L)VLE, Ph.D.1 Water Resource Cdordihator ML:RV:ll WIR-4GO01-1-1-1-TIR Attachment c: Jack A. Sieglock, Chairman of Groundwater Banking Authority Board Stan Ferraro, California Water Service Company Joe Peterson, San Joaquin Farm Bureau T. R. Flinn, Director of Public Works Tom Gau, Deputy Director/Development Attachment A Amendment 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 Farrn 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 VIII 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, 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 SAN JOAQUIN COUNTY FLOOD Clerk of the Board of Supervisors CONTROL AND WATER CONSERVATION of the San Joaquin County Flood DISTRICT Control and Water Conservation District By (SEAL) By Deputy Clerk ATTEST: 10 1, [Im"M LEROY ORNELLAS, Chairman Board of Supervisors "COUNTY DISTRICT" CITY OF STOCKTON, a municipal corporation of the State of California LIM Title: "STOCKTON" ATTEST: CITY OF LODI, a municipal corporation of the State of California CLERK M Title 44LODI" ATTEST: STOCKTON-EAST WATER DISTRICT By: CLERK Title: ccSE'V,[D" ATTEST: CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT CLERK By: Title: "CENTRAL" ATTEST: WOODBRIDGE IRRIGATION DISTRICT By: CLERK Title: "WOODBRIDGE" ATTEST: NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT CLERK 3 m Title: "NSJWCD" ATTEST: CLERK ATTEST: CLERK APPROVED AS TO FORM: TERRENCE R. DERMODY County Counsel w County Counsel 4 CENTRAL DELTA WATER AGENCY m Title: "CENTRAL DELTA" SOUTH DELTA WATER AGENCY Im Title: "SOUTH DELTA" Attachment B Joint Exercise of Powers Agreement Northeastern San Joaquin County Groundwater Banking Authority A-02- -J- I 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 Authority. 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 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 Z:� 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. I C) June 27, 2001 1 - ARTICLE 11 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 SLIch 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. Votin1g. 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 I 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 mernber 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 under -taken 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 hcreto 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 SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District ..---.,.,By vmi- an afnL_1,C,Q Deputy Clerk ATTEST: June 27, 2001 Chairman Board of Supervisors "COUNTY DISTRICT" CITY OF STOCKTON, a municipal corporation of the Statt ifornia By - Title: "STOCKTON" A:PPP -0 3?or ,0','FD &S , '04 ury ATM LNEY City ALW-eY -5- ATTEST: SUSAN j. BLACkSTON, CITY CLERK ATTEST: CLERK ATTEST: CLERK ATTEST: CLERK CITY OF LODI, a municipal corporation of the State of Califomia By: C%1.\)2� ALAN S. NAKANISHI Title: MAYOR "LODI" STOCKTON-EAST WATER DISTRICT By: Title: ccSEWD') CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By: Title: "CENTRAL" WOODBRIDGE IRRIGATION DISTRICT By: Title: "WOODBRIDGE" June 27, 2001 -6- ATTEST: CITY OF LODI, a municipal corporation of the State of California By: CLERK Title "LODI" ATTEST: STOCKTON-EAST WATER DISTRICT By: CLERK A0 Title: ATTEST: CLERK ATTEST: CLERK "SEWD" CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By: Title: "CENTRAL" WOODBRIDGE IRRIGATION DISTRICT By: _ Title: "WOODBRIDGE" June 27, 2001 -6- ATTEST: CLERK ATTEST: CLERK ATTES -: /I 7Z&�(52 CLERK ATTEST: CLERK CITY OF LODI, a municipal corporation of the State of California By: Title "LODI" STOCKTON-EAST WATER DISTRICT By: _ Title: '&SEWD22 CEJTRAL S JOAQUIN W, C NSERVA CON DISTRICT By:/ Title: President "CENTRAL" WOODBRIDGE IRRIGATION DISTRICT By: _ Title: "WOODBRIDGE" June 27, 2001 -6- 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: CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By: Title: "CETS11-RAL" WOODBRIDGE IRRIGATION DISTRICT By: Title: Anders Christensen, Secretary "WOODBRIDGE" June 27, 2001 -6- ATTEST: CLERK ATTEST: CLERK APPROVED AS TO FORM: TERRENCE R. DERMODY By NHCH�EL McGIZ1W Assistaht County Counsel NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT By: UJAL---ve— v Title: "NSJWCD" CENTRAL DELTA WATER AGENCY By: Title: "CENTRAL DELTA" SOUTH DELTA WATER AGENCY By: Title: "SOUTH DELTA" June 27, 2001 -7- ATTEST: CLERK ATTEST: ATTEST: 74 a M-11 APPROVED AS TO FORM: TERRENCE R. DERMODY Co ByTM,� m AEL 6k. W I — Assist, t County Counsel NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT 0 Title: "NSJ'WCD" CENTRAL DELTA WATER AGENCY Title/ "CENTRAL DELTA" SOUTH DELTA WATER AGENCY Title: "SOUTHDELTN' June 27, 2001 -7- ATTEST: NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT By: CLERK Title: "NSJWCD" ATTEST: CENTRAL DELTA WATER AGENCY By: CLERK Title: "CENTRAL DELTA" ATTEST: SOUTH DELTA WATER AGENCY B, CLERK Title: Chairman "SOUTH DELTA" APPROVED AS TO FORM: TERRENCE R. DERMODY Coun. / Counsel By NfICHAEL M�6RA�� Assistant County Counsel June 27, 2001 -7-