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HomeMy WebLinkAboutMetro Wastewater JPA - Third AmendmentTIHIRD AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD TIIE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY This Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this 4� f�` day of 007O?E12 , 2007, in the County of San Diego, State of California by each of the participating agencies of the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code section 6500 et seq., and the City of Chula Vista ("Chula Vista"). 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 Reach, 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, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, the JPA and each of the Participating Agencies desire that Chula Vista join the JPA as a Participating Agency; and WHEREAS, the City Council of Chula Vista has approved joining the JPA as a Participating Agency of the JPA, and has approved additional modifications to the Agreement as set forth herein; and S DPUn\PDFSOUSA\335624.2 WHEREAS, each of the Participating Agencies have approved the addition of Chula Vista as a Participating Agency of the JPA, and have approved additional modifications to the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: A. Pursuant to Article VIII, Section 8.05 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Chula Vista as a JPA Participating Agency. B. Pursuant to Article VIII, Section 8.05 of the Agreement, each of the Participating Agencies and City of Chula Vista hereby amend the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as follows: 1. The Seventh Recital is amended to read as follows: WHEREAS, in enacting the Bond Law, the Legislature of the State of California declared in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State of California to expand, upgrade and otherwise improve the public capital facilities of local government necessary to support the rehabilitation and construction of residential and economic development; and (b) that it is (was) the intent of the Legislature to assist in the reduction of local borrowing costs, help accelerate the construction, repair, and maintenance of public capital improvements, and promote greater use of existing and new financial instruments and mechanisms, such as bond pooling by local agencies. 2. Article I, Section 1.01, definition of "Board" is revised as follows: "Board" means the Board of Directors referred to in Section 2.03, which shall be the governing body of the JPA. 3. Article I, Section 1.01, definition of "`Members' and `Participating Agencies"' is revised as follows: "Members" and "Participating Agencies" means the City of Coronado, the City of Del Mar, the City of El Cajon, the City of Imperial Beach, the City of La Mesa, the Lemon Grove Sanitation District, the City of Poway, the Padre Dam Municipal Water District, the County of San Diego on behalf of the Winter Gardens Sewer Maintenance District, the Alpine Sanitation District, the Lakeside Sanitation District and the Spring Valley Sanitation District, the Otay Water District, the City of SDPUIIV'DESOl JSA\335624.2 National City and the City of Chula Vista. 4. Article 11, Scction 2.03 is amended to read as follows: Section 2.03. Board. The JPA shall be administered by a Board of Directors. The Board shall be composed of one appointee from each of the Participating Agencies. In addition to appointing its member to the Board, each Participating Agency shall appoint one alternate. The alternate appointed by a Participating Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent. The Board shall be called the "Board of Directors of the Metro Wastewater JPA." All voting power of the JPA shall reside in the Board. 5. Article WI is amended to add Section 7.03 as follows: Section 7.03. Withdrawal of a Participating Agency from the JPA. (a) Notice of Withdrawal. Notwithstanding anything to the contrary set forth in this Agreement, and subject to the terms and conditions set forth in this Section and any other terms and conditions required by law or contract, a Participating Agency may withdraw from the JPA at any time by providing the Board with written notice of its intent to withdraw in accordance with the notice provisions set forth in Section 8.01. The withdrawal shall become effective ninety (90) days after such notice is given. The withdrawal of any Participating Agency from the JPA shall not terminate this Agreement. (b) S DP UUU' DESOUSA\335624.2 Surviving Liability. 0) The withdrawing Participating Agency shall remain liable for its share of the budgeted and administrative expenses of the JPA pursuant to Section 6.05, Annual Budget and Administrative Expenses, for the fiscal year in which the withdrawal is effective. (2) If the JPA has issued Bonds or incurred any other form of indebtedness at the election of the withdrawing Participating Agency to finance all or some portion of such agency's share of Public Capital Improvements acquired or constructed pursuant to the Regional Wastewater Disposal Agreement and all or some portion of such Bonds or other indebtedness of the JPA remains outstanding at the time of such agency's withdrawal from the JPA, such withdrawing Participating Agency shall remain liable for and obligated to make (i) the scheduled payments of its proportionate share of the revenues pledged to repay such Bonds or other indebtedness of the JPA pursuant to any lease, installment sale or purchase agreement, loan agreement or other agreement or contract entered into by such agency to evidence, provide for and/or secure such payment and (ii) pursuant to Section 6.06, its proportionate share of Financing Expenses, if any, related to the administration of such Bonds or other evidence of indebtedness of the .IPA. (c) Credit to Withdrawing Participating Agency. A withdrawing Participating Agency is entitled to any sum due that Participating Agency pursuant to Section 5.02, Credit to the Participating Agencies, at the end of the fiscal year in which the Participating Agency's withdrawal is effective; provided, however, nothing herein shall be construed to entitle a withdrawing Participating Agency to any interest accrued by any investments of JPA surplus funds if the maturity date of said investment occurs later than the fiscal year in which the Participating Agency's withdrawal is effective. (d) Acknowledgement of Surviving Liabilities and Obligations. A Participating Agency wishing to withdraw from the JPA shall provide the JPA with a written acknowledgement, acceptable in a form and content to the JPA, of the liabilities and obligations of the withdrawing Participating Agency, as specified in this Section, which shall survive the withdrawal of the Participating Agency from the JPA. The withdrawing Participating Agency shall also provide the JPA with a written opinion from its counsel that any such surviving liabilities and obligations of the withdrawing Participating Agency described in Section 7.03(b)(2) of this Agreement, will (assuming that the JPA is not in brcach or default of any material two of the lease, installment sale or purchase agreement, loan agreement or other agreement or contract entered into by such agency, described in Section 7.03(b)(2)) remain legal, valid and binding obligations ofthc withdrawing Participating Agency, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles, if equitable remedies are sought, and to the limitations on legal remedies against local public entities, such as the withdrawing Participating Agency, in the State of California. 6. Article VIII, Section 8.05 is amended to read as follows: Article 8, Section 8.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the JPA or certificates of participating in payments to be made by the JPA or the Participating Agencies or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by all of the parties to this Agreement or for any other purpose, including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or SDPUB\PDFS(I JSA\335624.2 hereafter created) in pursuant of the purposes of this Agreement. C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date first written above. 1. CITY { ()RONADO By` 2. CITY OF DEL MAR By: 3. CITY OF EL CA.TON By: 4, CITY OF IMPERIAL, BEACH By: 5. CITY OF LA MESA By: 6. LEMON GROVE SANITATION DISTRICT By: 7, CITY OF POWAY By: 8. PADRE DAM MUNICIPAL WATER DISTRICT By: SDPUBU'DI ;SOI ISAA335624.2 A'l"PEST ATTEST A'l'T'EST ATTEST ATTEST ATTEST ATTEST ATTEST addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuant of the purposes of this Agreement. C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date first written above. 1. CITY OF CORONADO By: 2, CITY OF DEL MAR By: (\� VAS 3. CITY OF EL CAJON By: 4. CITY OF IMPERIAL BEACH ATTEST By: 5. CITY OF LA MESA ATTEST ATTEST ATTEST ATTEST By: 6. LEMON GROVE SANITATION DISTRICT By: 7, CITY OF POWAY By: SDPU B\PDE.SOUSA\335624.2 ATTEST ATTEST hereafter created) in pursuant of the purposes of this Agreement. C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF, the parties have executed this Third 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 By: ATTEST <J -4/14- 7t4Zei/) 4, CITY OF IMPERIAL BEACH ATTEST By: 5. CITY OF LA MESA ATTEST By: 6. LEMON GROVE SANITATION DISTRICT By: 7, CITY OF POWAY By: 8. PADRE DAM MUNICIPAL WATER DISTRICT By: S DPU B\PDP.SOU S A\335624.2 ATTEST ATTEST ATTEST hereafter created) in pursuant of the purposes of this Agreement. Ail other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF. the parties have executed this Third Amendment as of the date first written above. 1. CITY OF' CORONADO ATTEST By: �. CITY OF DEL MAR ATI'FS ;. CITY OF El. CA.JON Bv: 4. CITY OF IMPE:RIAI, BEACH 5. CITY OF I,A MESA B): 6. LEMON GROVE SANITATION DISTRICT 13v: 7. CITY OF POWAY Bv: s. PADRE DAM MUNICIPAL WATER DISTRICT By: surun,rrxsO na.\“3 x,za ATTEST ATTEST ATTEST ATTEST ATTEST 5. CITY OF LA MESA By: Art Madrid, Mayor 6. LEMON GROVE SANITATION DISTRICT By: 7. CITY OF POWAY By: 8. PADRE DAM MUNICIPAL WATER DISTRICT By: 9. COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT, LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT, AND SPRING VALLEY SANITATION DISTRICT By: 10. OTAY WATER DISTRICT By: 11. NATIONAL CITY By: 12. CHULA VISTA By: 5 ATTEST Mary J. I(nnedy, CMC, Citrtlerk ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST 4. CITY OF IMPERIAL BEACH ATTEST By: 5. CITY OF LA MESA ATTEST By: 6. LEMON GROVE SANITATION ATTEST DISTRICT By://i�� f ��L�i����� c 7. CITY O OWAY 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: 12. CHULA VISTA ATTEST By: 6 hereafter created) in pursuant of the purposes of this Agreement. C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date first written above. 1. CITY OF CORONADO ATTEST By: ?. CITY OF DEL MAR By: 3. CITY OF EL CAJON By: 4. CITY OF IMPERIAL BEACH By: 5. CITY OF LA MESA By: 6. LEMON GROVE SANITATION DISTRICT By: 7. CITY OF POW By: g. PADRE DAM IPAL WATER DISTRICT By: SDI'UUV'DESOI JSA\335624.2 ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST hereafter created) in pursuant of the purposes of this Agreement. C. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon each of the Participating Agencies and upon Chula Vista. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date first written above. I. CITY OF CORONADO By: 2. CITY OF DEL MAR By: 3. CITY OF EL CAJON By: 4. CITY OF IMPERIAL BEACII By: 5. CITY OF LA MESA By: 6. LEMON GROVE SANITATION DISTRICT By: 7. CITY OF POWAY By: 8. PADRE DAM MUNICIPAL WATER Bv: SDPUB\PDFSOUSA\335624.2 ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST ATTEST 3. CITY OF EL CAJON By: T. CITY OF IMPERIAL BEACH By: 5. CITY OF LA MESA 13y: 6. LEMON GROVE SANITATION DISTRICT 7. CITY OF POWAY By: g. PADRE DAM MUNICIPAL WATER DISTRICT By: 9. COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT, LAKESIDE SANITATION DISTRICT. ALPINE'. SANITATION DISTRICT, AND SPRING VALLEY SANITATION DISTRICT By: elaelA ... 1 t0. OTAY WATER DlS'FRI(. T By: I I. NATIONAL CITY By: l hn,4 :\nxndmcnt to 1!b\ r::, ; .11 ATTEST ATTEST ATTEST ATTES'I' ATTEST ATIIsSI' ATTEST ATTEST ATIE S'I' Approved and'c. authorin d by the Board of Airy 1"Lhe County of Sen Oate // �r`"'�r ��''ll Minuto Order No. IHOMAS J. PA$TUSZKA Cleric ojgp .L $ nrisors Ry -t4r Co, � UepuUttCClerkerk 12. CIIUI.A VISTA ATTEST This Is a true certified copy of the original document on file or of neon? h, d,: • `tics of ::.. Clerk of the Board. It bears he sc.2 •h; Couniy of San Diego, imprinter) in purple ink. and bears the signature of a Deputy Clerk. THOMAS ). PASTUSZKA CLERK OF THE BOARD, SAN DIEGO COUNTY, CALIFORNIA By DePulY; 9LS Date: 3/25 /08 I told .4nicnctincnt to JPA Page h ai 6 I \h,hit :\ 9. COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT, LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT, AND SPRING VALLEY SANITATION DISTRICT By: 10. OTAY WATER DISTRICT By: 11. NATIONAL CITY Hy: 12. CHULA VISTA By: SDPU WDESOUSA`335624.2 ATTEST ATTEST A'I"I'ES'I' 9, COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT, LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT, AND SPRING VALLEY SANITATION DISTRICT By: 10. OT'AY WATER DISTRICT By: 11. NEj I( NAL CITY By: (�- Ron Morrison,Irpor 12. CIIULA VISTA By: S DPUB\PDFSOUSA\335624.2 ATTEST ATTEST ATTEST ifj N Mi ael R. Dell ATTEST d', ity Clerk COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER \4AINTNNANCF: DISTRICT, LAKESIDE SANITATION DISTRICT, Al,P1NE SANITATION DISTRICT, AND SPRING VALLEY SANITATION DISTRICT Hv: 10. OTAY WATER DISTRICT By: 1 1, NATIONAL CITY Hy: I2. By: �(7P1 li'd'I)ICV( ."A•it)(24.1 ATTEST ATTFS"I' ATTEST RESOLUTION NO. 8236 RESOLUTION OF THE CITY OF CORONADO AUTHORIZING EXECUTION OF THE THIRD AMENDMENT 'f0 THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 hnperial 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 Califomia Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation 1)ishict, 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, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the City Council of the City of Coronado to approve execution of the Third Amendment to the Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority to add the City of ('hula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the City Council of the City of Coronado as follows: That the Mayor and City Manager are hereby authorized to finalize and execute the proposed Third Amendment attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority and approving the additional modifications to the Agreement as set forth therein. PASSED AND ADOPTED AND APPROVED this 7th day of August 2007 by the City Council of the City of Coronado, by the following vote, to wit: AYES: DOWNEY, MONROE, OVROM, TANAKA ANI) SMISEK NAY: NONE ABSTAIN: NONE ABSENT: NONE om Srtrfsek, Mayor City of Coronado, California ATTEST: Linda K. Hascup, y Cl rk RESOLUTION NO. 2007-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR APPROVING THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT TO ADD THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the City Council of the City of Del Mar to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the City Council of the City of Del Mar as follows: That the City Manager and Mayor are hereby authorized to finalize and execute the Third Amendment attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority and approving the additional modifications to the Agreement as set forth therein Resolution 2007- 34 Page 2 PASSED AND ADOPTED AND APPROVED this 6th day of August, 2007, by the following vote: Carl I-Iilliard, Mayo ATTEST AND CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR 1, Mercedes Martin, City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution 2007-34, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 6th day of August, 2007, by the following vote: AYES: Councilmembers Abarbanel, Crawford, Druker; Mayor Hilliard NOES: None ABSENT: Councilmember Earnest ABSTAIN: None Mercedes Martin, City Clerk Resolution 2007- 34 Page 3 EXHIBIT "A" THIRD AMENDMENT TO JOINT EXERCISE; OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CIIULA VISTA AS A PARTICIPATING AGENCY EXHIBIT "A" RESOLUTION NO. 88-07 RESOLUTION APPROVING THIRD AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY. 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 Califomia; 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 Califomia Streets & Hwys. Code Section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of Califomia; and the Spring Valley Sanitation District, a political subdivision of the State of Califomia) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement (the "Agreement"); and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA: and WHEREAS, the JPA and each of the Participating Agencies desire that Chula Vista join the JPA as a Participating Agency; and WHEREAS, the City Council of Chula Vista has approved joining the JPA as a Participating Agency of the JPA, and has approved additional modifications to the Agreement as set forth in the Third Amendment to the Agreement; and WHEREAS, the City Council of the City of El Cajon deems it is in the best interests of the JPA for Chula Vista to join as a Participating Agency. (Continued on Page 2) Page 2 of 2, Resolution No. 88-07 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS: 1. The City Council of the City of El Cajon hereby approves the Third Amendment to Joint Powers Agreement for the Metro Wastewater Joint Powers Authority to add the City of Chula Vista as a Participating Agency. 2. The Mayor is hereby authorized to execute said Third Amendment to the JPA to include the City of Chula Vista as a Participating Agency on behalf of the City of El Cajon. PASSED AND ADOPTED by the City Council of the City of El Cajon, Califomia at a Regular Joint City Council/Redevelopment Agency Meeting held this 14th day of August, 2007, by the following vote to wit: AYES Lewis, Hanson -Cox, Kendrick, McClellan, Ramos NOES •None ABSENT : None DISQUALIFY: None ATTEST: MARK LEWIS Mayor of the City of El Cajon KATHIE RUTLEDGE City Clerk I hereby certify that the above and foregoing is a full and true copy of Resolution No. 88-07 of the Resolutions of the City of El Cajon, California, as adopted by the City Council at the Regular Joint Meeting of the City Council/Redevelopment Agency on the 14th day of ugust, 2007. at ie Rutl - . • e C i/ Ierk 8/14/07 (Item 1.23) RESOLUTION NO. 2007-6547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 Califomia, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of Califomia; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to Califomia Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of Califomia; 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 Metro Wastewater JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 10, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the City Council of the City of Imperial Beach to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." NOW, THEREFORE, the City Council of the City of Imperial Beach, Califomia, does hereby resolve that: Resolution No. 2007-6547 Page 2 of 2 1. The City Manager is hereby authorized to finalize and execute the Third Amendment to the Agreement, attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority and approving the additional modifications to the Agreement as set forth therein. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 17th day of October 2007, by the following roll call vote: AYES: COUNCILMEMBERS: MCLEAN, BRAGG, MCCOY, WINTER, JANNEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE James C. Janney JAMES C. JANNEY, MAYOR ATTEST: Lisa Wolfson LISA WOLFSON DEPUTY CITY CLERK I, City Clerk of the City of Imperial Beach, do hereby certify the foregoing to be a true and correct copy of Resolution No. 2007-6547 — A Resolution of the City Council of the City of Imperial Beach, Califomia, AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY. i�. )/1 /c)-e-i/7 DATE RESOLUTION NO. 2007-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 Califomia, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of Califomia; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to Califomia Streets & Highways Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of Califomia; and the Spring Valley Sanitation District, a political subdivision of the State of Califomia) (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 Wastewater Disposal Agreement; WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment; and WHEREAS, it is the desire of the City Council of the City of La Mesa to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of La Mesa as follows: That the City Manager and Mayor are hereby authorized to finalize and execute the Third Amendment adding the City of Chula Vista as a Participating Agency of the Metro WastewaterJoint Powers Authority and approving the additional modifications to the Agreement as set forth therein. PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, Califomia, held the 14th day of August 2007, by the following vote, to wit: AYES: Councilmembers Allan, Arapostathis, Ewin, Sterling and Mayor Madrid NOES: None ABSENT: None CERTIFICATE OF CITY CLERK I, MARY J. KENNEDY, City Clerk of the City of La Mesa, Califomia, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2007-090, duly passed and adopted by the City Council of said City on the date and by the vote therein recited. MARY J. KENNEDY, CMC, City Clpfk'\ (SEAL OF CITY) RESOLUTION NO. 224 RESOLUTION OF THE BOARD OF DIRECTORS OF THE LEMON GROVE SANITATION DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY WHEREAS, on October 25, 2000, the Lemon Grove Sanitation District, a political subdivision of the State of California, 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 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 Califomia; 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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the Board of Directors of the Lemon Grove Sanitation District to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Directors of the Lemon Grove Sanitation District hereby directs: 1. That the Executive Director is hereby authorized to finalize and execute the Third Amendment attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority; and 2. Approving the additional modifications to the Agreement as set forth therein 1 PASSED AND ADOPTED by the Board of Directors of the Lemon Grove Sanitation District of the City of Lemon Grove, California on August 21, 2007 by the following vote: BOARD MEMBERS Mary Teresa Sessom Thomas Clabby Mary England Jerry Jones Jerry Selby Attest: AYES xx xx xx xx SUSAN GARCIA, Secre ary of the Board NOES ABSTAIN ABSENT xx RES SES OM, Chair of e Board CERTIFICATION OF CLERK I, Susan Garcia, City Clerk of the City of Lemon Grove do hereby certify the foregoing to be a true and exact copy of Resolution No. 224 duly passed and adopted by the Board of Directors of the Lemon Grove Sanitation District on the date and by the vote therein recited. l� \ SUSAN GARCIA, City Clerk RESOLUTION NO. 07-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on .June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A"; and WHEREAS, it is the desire of the City Council of the City of Poway to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. That Chula Vista is authorized to be added as Participating Agency of the Joint Powers Agency Agreement for the Metro Wastewater Resolution No. 07-068 Page 2 Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment, attached hereto, and by this reference incorporated herein as Exhibit "A'. Section 2. That the Mayor is hereby authorized to finalize and execute the proposed Amendment, subject to additions or modifications thereto, as deemed in the best interest of the City, on behalf of the City of Poway. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting this 14th day of August 2001. ATTES ane Shea, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss Michael P. Cafag or I, L. Diane Shea, City Clerk of the City of Poway do hereby certify, under penalty of perjury, that the foregoing Resolution No. 07-068, was duly adopted by the City Council at a meeting of said City Council held on the 14th day of August 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Ct- It-e L. D,lane Shea, City Clerk City of Poway RESOLUTION 2007-33 RESOLUTION OF THE BOARD OF DIRECTORS OF THE PADRE DAM MUNICIPAL WATER DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 Califomia, 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 Califomia) (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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the Board of Directors of Padre Dam Municipal Water District to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A" NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the Board of Directors of the Padre Dam Municipal Water District as follows: That the General Manager and President are hereby authorized to finalize and execute the Third Amendment attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority and approving the additional modifications to the Agreement as set forth therein PASSED AND ADOPTED by the Board of Directors of Padre Dam Municipal Water District on the 14th day of August, 2007, by the following vote: AYES: Caires, Maletic, McMillan, Scataittirrn,� i, NOES: None ,` ABSENT: Menshek ;:`O`,t c)hGtiNi, ABSTAIN: None ATTEST: _¢ *?OL 5 ti C•''•?3 195 ' SDPUB\PDI:SOUSA\351961.1 l Resolution No. 07-204 Meeting Date: 09/19/07 (8) JOINTLY ADOPTED RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ON BEHALF OF WINTER GARDENS SEWER MAINTENANCE DISTRICT, AND THE BOARD OF DIRECTORS OF THE LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING CITY OF CHULA VISTA MEMBERSHIP 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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the Board of the Supervisors of San Diego County, on behalf of the Winter Gardens Sewer Maintenance District, and the Board of Directors of the Lakeside Sanitation District, Alpine Sanitation District and Spring Valley Sanitation District to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional SI)PUIf'8I)FS( IiS.4\351g66 1 modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the Board of Supervisors of the County of San Diego, on behalf of the Winter Gardens Sewer Maintenance District, and the Board of Directors of the Lakeside Sanitation District, Alpine Sanitation District and Spring Valley Sanitation District as follows: 1. That the City of Chula Vista is authorized to be added as a Participating Agency of the Joint Exercise of Powers Authority Agreement for the Metro Wastewater Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment and approving the additional modifications to the Agreement, attached hereto, and by this reference incorporated herein as Exhibit "A." ON MOTION of Supervisor Slater -Price, seconded by Supervisor Jacob, the above " -.!..!!ion was passed and adopted by the Board of Supervisors, .County of San Diego, State of California, on this I9d' day of September. 2.007, by the following vote: A "ES: ('ox, Jacob, Slater -Price, Roberts, Horn STATE OF CALIFORNIA) County of San Diego)ss 1 hereby certify that the torcgoing is a full, true and correct copy of the Original Resolution entered in the Minutes of the Board of Supervisors. THOMAS J. PAST! Clerk of the Board of Supervisors By .. _ ('. t.__ hcrinc Santis, Deputy This is a true certified copy of the original document on file or of reccri n At. _ iic: Inc Clerk of the Board. It bears the seal c" h Ceunty of San Diego. imprinted in purple ink, and hears the signature of a Deputy Clerk. Resolution No. 07-204 09/ 19/2007 (8) SUM ,R\I'Di;SOI ISA`3, I jinn. I THOMAS 1. PASTUSZKA CLERK or THE BOARD, SnNDIEGOCOUNTY, CALIFORNIA .DpRovenM•fIr 40t...1 / JUGNTY COONS . ,e By Deputy: 1. K S Date: 3I/ 46/or r ,L��r RESOLUTION NO. 4105 RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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; Padrc 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 Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment attached hereto as Exhibit "A;" and WHEREAS, it is the desire of the Board of Directors of Otay Water District to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment attached hereto as Exhibit "A." SDPU 13\PDESOl /SA\351923.1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED, by the Board of Directors of Otay Water District as follows: Section 1. The Third Amendment, a copy of which has been presented to this Board and is attached hereto as Exhibit "A," adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority and approving the additional modifications to the Agreement as set forth therein, is hereby approved and adopted. Section 2. The General Manager, the General Counsel and District staff are hereby authorized and directed to take such steps as are necessary to finalize and deliver the Third Amendment. The General Manager is hereby authorized to finalize and execute the Third Amendment, in substantially the form attached hereto and subject only to such non -substantive revisions as are deemed necessary by the General Manager and are approved by the General Counsel. Section 3. This Resolution shall become effective immediately. PASSED, ADOPTED AND APPROVED this 5th day of September, 2007, by the following vote: AYES: Directors Bonilla, Breitfelder, Croucher, Lopez and Robak NOES: None ABSTAIN: None ABSENT: None ATTEST: District Secretary President 2 SDPIJf\PDESOUSA\351923. I STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Susan Cruz, District Secretary of the OTAY WATER DISTRICT do hereby certify that the foregoing is a true and correct copy of Resolution No. 4105 adopted by the Board of Directors of the OTAY WATER DISTRICT at a regular board meeting held the 5th day of September, 2007. Date: September 6, 2007 Dist rGct ecretary of the Otay V1 ter Distrlef and the Board of Direc s Thereof G llscrData\DisiSecWINWOR MC./ifcaiian doc RESOLUTION NO. 2007 — 189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING THE ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY 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 and Highways 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 Joint Powers Authority ("JPA") for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement; and WHEREAS, Article VIII of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and WHEREAS, on July 17, 2007, the City Council of Chula Vista approved joining the JPA as a Participating Agency, and has approved additional modifications to the Agreement, as set forth in the Third Amendment to the Agreement, which is incorporated herein by reference, and on file in the office of the City Clerk; and WHEREAS, it is the desire of the City Council of the City of National City to approve execution of the Third Amendment to the Agreement to add the City of Chula Vista as a Participating Agency of the JPA, and to make additional modifications to the Agreement as set forth in the Third Amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to finalize and execute the Third Amendment to the Metro Wastewater Joint Powers Authority Agreement adding the City of Chula Vista as a Participating Agency of the Metro Wastewater Joint Powers Authority, and approving the additional modifications to the Agreement as set forth therein. Said Amendment to Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2007 — 189 August 7, 2007 Page 2 PASSED and ADOPTED this 7th day of August, on Morrison, Mayor ATTEST: N Mic -el R. Della, ity Clerk APPROVED AS TO FORM: George H. iser, III City Attorney C Passed and adopted by the Council of the City of National City, Califomia, on August 7, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-189 of the City of National City, Califomia, passed and adopted by the Council of said City on August 7, 2007. Jr-Z11)1 City C rk of the City of N tional ity, California By: Deputy INDIAN WEI I S (760) 568 2fi11 IRVIN- E (949) 263 2600 I.OS ANG- ELES (213) 617-8100 ON IARIO (909)989-8584 Paula C. P. de Sousa (619) 525-1328 Paula.deSousa®bbklaw.com file No. 60409 VIA FEDERAL EXPRESS BEST BEST & KRIEGER ATTORNEYS AT LAW 655 West Broadway, 15th Floor San Diego, California 92101 (619) 525-1300 (619) 233-6118 Fax I-3BKIaw.corn Teri Basta Metro Wastewater JPA c/o Padre Dam Municipal Water District 9300 Fanita Parkway Santee, CA 92072-9003 Dear Teri: March 28, 2008 RIVERSIDE (951) 686 1450 SACRAMENTO (916) 325 400C WALNUT CREEK (925) 9 / 1 3300 Re: Third Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to add the City of Chula Vista as a Participating Agency Please find attached original Third Amendment to the JPA and the Resolutions thereto, adding the City of Chula Vista, and signed by all the Participating Agencies. If you require further assistance, please do not hesitate to contact me. SinccreI)j / f�Ilr —Kula C P. do Sousa of BES11. BEST & KRIEGER LLP PDS:mod Encl. cc: Participating Agencies (via mail) SDPU13'PDESOUSA062742. i 3/28/08 INDIAN WELLS (760) 568-2611 IRVINE (949) 263 .26CX) 1 OS ANG- ELES (213) 617-8100 ON IAR- IU (909) 989-8584 Paula C. P. de Sousa (619) 525-1328 Pau la. deSo u saeb bklaw. com File No. 60409.00001 VIA FEDERAI. EXPRESS "1TY ATTGRNEY BEST BEST & KRIEGER A'I'I'oRNEYS NI' LAW 655 West Broadway, 15th Floor San Diego, California 92101 (619) 525-1300 (619) 233-6118 Fax BBKIaw.com Teri Basta Metro Wastewater JPA c/o Padre Dam Municipal Water District 9300 Fanita Parkway Santee, CA 92072-9003 Dear Teri: April 1, 2008 OB APR -2 AMU: 10 RIVERSIDE (951) 686-1450 SACRAMENTO (916) 325-4000 ;;i i GE NATIONAL CITYWAINL CRFFK (925) 977-3300 Re: Third Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to add the City of Chula Vista as a Participating Agency We have been alerted to the fact that the original Third Amendment to the above was sent out undated. Please find attached amended first page with the date of October 17, 2007, thereon. Please replace the first page of the Amendment you currently hold with the page attached. If you require further assistance, please do not hesitate to contact me. Pau of B PDS:mod Encl. cc: Participating Agencies (via mail) SDPUR\PDESOUSA\362.871.1 4/1/08 de Sousa ST BEST & KRIEGER I,LP City of National City, California CITY COUNCIL AGENDA STATEMENT 17 MEETING DATE August 7, 2007 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE METRO WASTEWATER JPA AGREEMENT REGARDING ADDITION OF THE CITY OF CHULA VISTA AS A PARTICIPATING AGENCY PREPARED BY George H. Eiser, III I' 1 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION The Metro Wastewater Joint Powers Authority was formed in October, 2000, for the pupose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement entered into with the City of San Diego in June, 1998. The original members of the JPA, who were also parties to the Agreement with the City of San Diego (referred to as the "Participating Agenicies"), were the cities of Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Poway; the Lemon Grove Sanitation District, the Padre Dam Municipal Water District; and the County of San Diego, on behalf of three sanitation districts. The Otay Water District joined the JPA in February, 2003, and the City of National City joined on June 4, 2003. The proposed amendment to the Metro Wastewater JPA Agreement would add the City of Chula Vista to the JPA, as well as making minor non -substantive ("housekeeping") modifications to the JPA Agreement. Environmental Review 'J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Proposed Amendment Resolution No. A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 August 15, 2007 Ms. Paula Desousa Best Best & Krieger LLP 655 W. Broadway, 151h Floor San Diego, CA 92101-3301 Dear Ms. Desousa, On August 7, 2007, Resolution No. 2007-189 was passed and adopted by the City Council of National City, authorizing execution of third amendment to the Metro Wastewater Joint Powers Authority agreement. We are enclosing for your records a certified copy of the above Resolution and the original executed agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: City Attorney ® Recycled Paper