HomeMy WebLinkAboutCity Council Item No. 7C ITY OF i/`t�
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 9, 2009
SUBJECT: AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO ADD
WATER DISTRICTS TO THE WRCOG GOVERNING BOARD
Background
On May 11, 2009, the Western Riverside Council of Governments ( WRCOG) Executive
Committee approved an action to formally revise WRCOG's Joint Powers Agreement to
include the Eastern and Western Municipal Water Districts as full voting members of the
Executive Committee and General Assembly. As members of WRCOG's Governing
Boards, the water districts will have the right to cast formal votes on matters presented
to these bodies, with exception of TUMF Program activities. Since July 1, 2008,
representatives from the two districts have acted as ex official non- voting members of
the Executive Committee.
Discussion
In order to implement these changes, the WRCOG member agencies will need to
approve and sign an amendment to the WRCOG JPA (attached) to include the Water
District members as voting members on the Executive Committee and General
Assembly.
Fiscal Impact
None.
CC June 9, 2009 Item No. 7
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Amendment to WRCOG JPA
June 9, 2009
Page 2
Recommendation
It is recommended that the City Council approve the amendment to the joint powers
agreement of the Western Riverside Council of Governments to add the Eastern
Municipal Water District and the Western Municipal Water District to the WRCOG
Governing Board.
Prepared and
Approved by:
Attachment
Robert A. Brady
City Manager
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AMENDMENT TO THE JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO ADD WATER DISTRICTS TO THE WRCOG GOVERNING BOARD
This Amendment to the Joint Powers Agreement ( "Amended Agreement ") is
made and entered into on the 11th day of May, 2009, by and between sixteen cities
located within western Riverside County and the County of Riverside (collectively the
"Parties ").
RECITALS
WHEREAS, sixteen cities located within western Riverside County and the
County of Riverside have entered into a Joint Powers Agreement on April 1, 1991, and
through subsequent amendments thereto (the "JPA "), to form the Western Riverside
Council of Governments ('WRCOG"); and
WHEREAS, the Western Municipal Water District and the Eastern Municipal
Water District (the 'Water Districts ") have approached WRCOG to express that their
involvement in WRCOG will be beneficial to both WRCOG member agencies and the
Water Districts; and
WHEREAS, the Water Districts believe that cooperation with WRCOG will create
synergies which will facilitate a variety of joint goals, including (1) improved coordination
on major infrastructure planning; (2) improved and consistent implementation of
landscape water conservation ordinances; (3) improved coordination of shared
legislative and regulatory strategies; (4) better positioning to overcome resource
management challenges; and (5) improved regional response and compliance with a
merging case law tightening the connection between land use and water resources; and
WHEREAS, WRCOG agrees and strongly supports coordination with the Water
Districts, and believes that permitting the Water Districts membership on the WRCOG
Governing Body is the best manner which would most efficaciously serve the interests
of the WRCOG member agencies and the Water Districts; and
WHEREAS, pursuant to Government Code sections 6500 et seq., the parties to
the JPA desire to amend the JPA to add the Water Districts to the Governing Body of
WRCOG.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the Parties hereto agree as follows:
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Section 1: Section 2.1 to the JPA is hereby amended to read as follows:
2.1 Parties
The parties to WRCOG shall be the County of Riverside and each city
located within western Riverside County which has executed or hereafter executes this
Agreement, or any addenda, amendment, or supplement thereto and agrees to such
become a member upon such terms and conditions as established by the general
counsel or Executive Committee, and which has not, pursuant to provisions hereof,
withdrawn therefrom. Only the parties identified in this section shall be considered
contracting parties to the JPA under Government Code section 6502.
Section 2: Section 2.4 to the JPA is hereby amended to read as follows:
2.4 Governing Body
2.4.1. WRCOG shall be governed by a General Assembly with
membership consisting of the appropriate representatives from the County of Riverside,
each city which is a signatory to this Agreement, Western Municipal Water District, and
Eastern Municipal Water District, the number of which shall be determined as
hereinafter set forth. The General Assembly shall meet at least once annually,
preferably scheduled in the evening. Each member agency of the General Assembly
shall have one vote for each mayor, council member, county supervisor, and water
district board member present at the General Assembly. The General Assembly shall
act only upon a majority of a quorum. A quorum shall consist of a majority of the total
authorized representatives, provided that members representing a majority of the
member agencies are present. The General Assembly shall adopt and amend by -laws
for the administration and management of this Agreement, which when adopted and
approved shall be an integral part of this Agreement. Such by -laws may provide for the
management and administration of this Agreement.
2.4.2. There shall be an Executive Committee which exercises the powers
of this Agreement between sessions of the General Assembly. Members of the
Executive Committee shall be the Mayor from each of the member cities, four members
of the Riverside County Board of Supervisors and the President of each Water District,
the remaining member of the Board of Supervisors shall serve as an alternate, except
any City Council, at its discretion, can appoint a Mayor Pro Tern or other city council
member in place of the Mayor and each water district board, at its discretion, can
appoint another board member in place of the President. The Executive Committee
shall act only upon a majority of a quorum. A quorum shall consist of a majority of the
member agencies. Membership of the Water Districts on the General Assembly and
Executive Committee of WRCOG shall be conditioned on the Water Districts entering
into a separate Memorandums of Understanding with WRCOG.
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Section 3: Section 2.18 is hereby added to the JPA to read as follows:
2.18 Water Districts and TUMF Matters
Pursuant to this Joint Powers Agreement, WRCOG administers the
Transportation Mitigation Fee ( "TUMF ") for cities in western Riverside County. The fee
was established prior to the Water District's involvement with WRCOG and will fund
transportation improvements for the benefit of the County of Riverside and the cities in
western Riverside County. As such, the Western Municipal Water District and the
Eastern Municipal Water District General Assembly and Executive Committee Members
shall not vote on any matter related to the administration of the TUMF program or the
expenditure of TUMF revenues.
Section 4: Section 3.5 is hereby added to the JPA to read as follows:
3.5 Contributions from Water Districts.
The provisions of section 3.4 above shall be inapplicable to the Western
Municipal Water District and the Eastern Municipal Water District. The amount of
contributions from these water districts shall be through the WRCOG budget process.
Section 5: This amendment is to become effective upon execution by all of the
parties that are currently signatories to the JPA.
Section 6: All other provisions and terms of the JPA are to remain unchanged.
Section 7: This Amendment may be executed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have caused this Amended Agreement to
be executed and attested by their officers thereunto duly authorized as of the date first
above written.
[SIGNATURES ON FOLLOWING PAGES]
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ATTEST:
City Clerk
City of Banning
Dated:
ATTEST:
City Clerk
City of Beaumont
By:_
Dated:
ATTEST:
City Clerk
City of Calimesa
By:
Dated:
ATTEST:
City Clerk
City of Canyon Lake
By:
Dated:
CITY OF BANNING
By
Mayor
CITY OF BEAUMONT
By
Mayor
CITY OF CALIMESA
By
Mayor
CITY OF CANYON LAKE
By
Mayor
CC June 9, 2009 Item No. 7
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151
ATTEST:
City Clerk
City of Corona
By:
Dated:
ATTEST:
City Clerk
City of Hemet
By:_
Dated:
ATTEST:
City Clerk
City of Lake Elsinore
By:
Dated:
ATTEST:
City Clerk
City of Menifee
By:_
Dated:
CITY OF CORONA
Mayor
CITY OF HEMET
By
Mayor
CITY OF LAKE ELSINORE
Mayor
CITY OF MENIFEE
By
Mayor
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ATTEST:
City Clerk
City of Moreno Valley
ATTEST:
City Clerk
City of Murrieta
Dated:
ATTEST
City Clerk
CITY OF MORENO VALLEY
By
Mayor
CITY OF MURRIETA
By
Mayor
City of Norco CITY OF NORCO
By: By
Mayor
Dated:
ATTEST:
City Clerk
City of Perris CITY OF PERRIS
Bv: By
Mayor
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ATTEST
City Clerk
City of Riverside CITY OF RIVERSIDE
By: By
Mayor
Dated:
ATTEST:
City Clerk
City of San Jacinto CITY OF SAN JACINTO
By: By
Mayor
ATTEST:
City Clerk
City of Temecula CITY OF TEMECULA
Dated:
Mayor
ATTEST:
City Clerk
City of Wildomar CITY OF WILDOMAR
By: By
Mayor
Dated:
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ATTEST:
County Clerk
County of Riverside COUNTY OF RIVERSIDE
By:
Chairman
Dated:
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