HomeMy WebLinkAboutC-1804 - Joint Exercise of Powers Agreement; Creating Newport-Irvine Waste Management Planning Agency (NIWA); see also C-1775.r' .: b
June 7. 1977
Alexander Bowie. A Law Corporation
610 Newport Center Drive - suite 1220
Newport Beach. CA 92660
Attentions Nancy C. Rhaushan
Subjects WM Joint Powers Agreement
Enclosed is an executed copy of Amendment No. 2 to the First
Amended Joint Rxercise of Powers Agreement Creating Newport -
Irvine Watee- Management Planning Agency (NIWA).
This amsnduant was authorised by the City Council on
May 23. 1977 by the adoption of Resolution No. 9103.
Doris George
City Clerk
DGteg
Enc .
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-...- - - =•iii
IV AA iYA7,
Lansing E. Eberling, Chairman
Donald A. McInnis, Vice Chairman
Newport - Irvin'
Waste- Management
Planning Agency
May 2, 1977
City of
Costa Mesa Ms. Doris George
City Clerk
City of
Irvine City of Newport Beach
3300 Newport Boulevard
City of Newport Beach, California 92660
Newport Beach
Alexander Bowie, Secretary
Warren D. Fix, Treasurer
NI 903
City of
Dear Ms. George:
Santa Ana
County of
Re: Newport- Irvine Waste- Management
Orange
Planning Agency (NIWA) --
Orange County
Amendment No. 2 to Joint Exercise
Flood Control
of Powers Agreement Creating NIWA
District
Orange County
Pursuant to our conversation this date, enclosed
Harbors
Beaches 6 Parks
herein please find two copies of proposed Amendment No.-2 to
District
the Joint Exercise of Powers Agreement Creating the Newport -
Orange County
Irvine Waste- Management Planning Agency (NIWA) . Hopefully,
Sanitation
such item will be placed on the agenda for the May 23,
District No. 5.
1977, City Council meeting for approval.
Irvine Ranch
Water District
In the event such amendment is approved, please
Orange County
execute and transmit one copy to the Secretary of NIWA.
Water District
California
Thank you for your assistance in this regard. If
Department of
you have any questions, please do not hesitate to call.
Fish and Game
City of
Very truly yours,
Orange
y/J
Lois A. Cortese,
Secretary to Nancy C. Shanahan
lac
Encs
610 Newport Center Drive, Suite 1220 Newport Beach, California 92660
714/644 -9311
j.
August 13, 1976
Alexander Bowie A Law Corporation
610 Newport Center Drive - gaits 1220
Newport Beach, CA 92660
Attentions Nancy C. Shanahan
Subject: NIWA Joint Powers
Agreement
Ineloeed is a copy of Addendum No. 1 to the First Aaendeef Joint
Is�rciee of Planning Agreney ( Creating Nswport-Irviae Waste
Keaageseni Plenn}ag A$euey (N Creating
This addendum was authorised by the City Council on August
by the adoption of Resolution No. 8873. 9, 1976
Doris George ,
City Clark
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DG:eg
Inc.
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ADDENDUM NO. ONE
TO
FIRST AMENDED JOINT EXERCISE
OF POWERS AGREEMENT CREATING
NEWPORT- IRVINE WASTE - MANAGEMENT
PLANNING AGENCY (NIWA)
THIS ADDENDUM is made and entered into this /l f day
of 1976 , by and between.the following parties:
a) COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY
-(b) ORANGE COUNTY WATER DISTRICT
(c) CITY OF NEWPORT BEACH
(d) CITY OF IRVINE
(e) COUNTY OF ORANGE
(f) ORANGE COUNTY FLOOD CONTROL DISTRICT
(g) ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT
(h) IRVINE RANCH WATER DISTRICT
(i) CALIFORNIA DEPARTMENT OF FISH & GAME
(j) CITY.OF COSTA MESA
(k) CITY OF ORANGE
W I T N E S S E T H:
WHEREAS, the County Sanitation District No. 5 of Orange
County, Orange County Water District, City of Newport Beach,
City of Irvine, County of Orange, Orange County Flood Control
District, Orange County Harbors, Beaches and Parks District,
Irvine Ranch Water District, California Department of Fish &
Game, City of Costa Mesa and City of Orange are the parties to
that certain Joint Powers Agreement entitled "First Amended Joint
Exercise of Powers Agreement Creating Newport- Irvine Waste -
Management Planning Agency (NIWA) ", dated April 27, 1976; and
WHEREAS, said Joint Powers Agreement provides under
Article X, Section 32 for "Admission of New Members "; and
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WHEREAS, the CITY OF SANTA ANA has applied for membership
in NIWA; and
WHEREAS, the Board of Directors of NIWA did approve and
accent into membership the CITY OF SANTA ANA on July 22, 1976,
without terms and conditions being imposed thereon, subject to
the unanimous consent of existing members of NIWA as evidenced
by the execution of this written Addendum to said Joint Powers
Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
1. That the CITY OF SANTA A14A is hereby acknowledged to
be a Member of NIWA with all the rights, duties, privileges and
obligations under said Agreement and without any terms and
conditions being imposed thereon.
2. That, in lieu of each party executing an original
Addendum, each party may sign one.or more identical copies of
the original Agreement and their executed copy, when filed with
the Secretary of NIWA, shall consititute an Agreement between all
parties who have executed such copies.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals by their respective officers thereunto authorized
the day and year first hereinabove written_
M
M
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• i
RESOLUTION NO. 8873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM NO. ONE TO
FIRST AMENDED JOINT EXERCISE OF POWERS
AGREEMENT CREATING NEWPORT - IRVINE WASTE -
MANAGEMENT PLANNING AGENCY (NIWA)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Addendum No. One to the
First Amended Joint Exercise of Powers Agreement Creating
Newport- Irvine.Waste- Management Planning Agency (NIWA), in
connection with the acknowledgment of the membership of
the City of Santa Ana; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Addendum No. One to the First Amended Joint
Exercise of Powers Agreement Creating Newport- Irvine Waste -
Management Planning Agency and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said addendum;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Addendum No. One to said
agreement above described is approved, and the Mayor and City
Clerk are hereby authorized and directed to execute the same
on behalf of the City of Newport Beach.
ADOPTED this
ATTEST;
9th day of August , 1976.
Mayor
City Clerk DDO /bc
8/4/76
July 28, 1976 4 "`
Alexander Howie, A Law Corporation
610 Newport Canter Drive - Suite 1220:
Newport Beach, CA 92660
Attention: Nancy C. Shanahan
Subject: NIWA Joint Powers Agreement
Enclosed is an asecated copy of Amendment No. 1 to the First
Amended Joint Exercise of Powers Agreemant Creating Newport
Irvine Waste - Management Planning Agency (NIWA).
This agreement was authorised by the City Council on
July 12, 1976 by the adoption of Resolution No. 8840.
Doris George
City Clerk
DG:eg
Re.
0
WA I
MAN
Ne}ivport- Irvine Waste - Management Planning Agency
Donald A. McGinnis
Chairman
Lansing E. Ebarling July 30, 1976
Vice Chairman
Alexander Bowie
Secretary .
Warren 0. Fix
Treasurer
Board of Directors
Newport - Irvine Waste- Management Planning Agency
4201 Campus Drive .
Irvine, California 92716
Dear Board of Directors:
As directed by the Newport - Irvine Waste - Management
Planning Agency (NINA) Board of Directors at the July .22,
1976 meeting, enclosed please find, for consideration by
your governing body, a copy of "Addendum Number One.to First .
Amended Joint Exercise of Powers Agreement Creating Newport -
Irvine Waste- Management Planning Agency (NIWA)" which acknowledges
the membership of the City of Santa Ana in NIWA. Article
10,:.Section 32 of the "First Amended Joint Exercise of
Powers Agreement Creating NIWA" requires the unanimous
consent of existing members of NIWA as evidenced by the
execution of an Addendum thereto. Such Addendum must also be
executed by the City of Santa Ana.
Please see that a copy of the enclosed.document, if
approved, is executed by officers of your governing body and
filed with the Secretary of NIWA at the following address:
Alexander Bowie, 610 Newport Center Drive, Suite 1220,
Newport Beach, California 92660.
Your expediency in this matter is greatly appreciated.
Very truly yours,
NEWPORT- IRVINE WASTE- MANAGEMENT
PLANNING AGENCY
By,
Nancy C. Shanahan
NCS /lac Assistant Secretary
Enc
cc: Board of Directors, NIWA
Alternate Directors, NITRA
City of Santa Ana; Attn: Gordon Bricken
John Stevens
Irvine Ranch County Sanitation District Orange County
Water District Number Five of Orange County Water District
4201 Campus Drive • Irvine, California 92664 • (7141 833 -8333
0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE July 28, 1976
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1804
City Han
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract Amwdwnt No. 1 to the First Amended Joint Exercise
of Powers Agreement Creating Newport- Irvine Waste-Manageosnt Plamian
pay (NIWA)
Authorized ly Re'sollution No. 8840 adopted on July 12, 1976
Effective date �f Contract
Contract with / :import- Irvine Waste- Menanament Agency
Address do Alexander Bowie, a Law Corporation
610 Newport Center Dr., Suits 1220, Newport Beach, CA 92660
Amount of Contract., S&& A4reamant
City Clerk
AMENDMENT NO. 1 TO
FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT
CREATING NEWPORT - IRVINE WASTE - MANAGEMENT PLANNING AGENCY
(NIWA)
R E C I T A L S:
I.
The Newport - Irvine Waste - Management Planning
AGency was created by an agreement entitled
OF POWERS AGREEMENT CREATING NEWPORT - IRVINE
PLANNING AGENCY (NIWA) ", hereinafter and in
referred to as "JPA ", dated March 28, 1975,
and entered into between Irvine Ranch Water
Sanitation District No. 5 of Orange County.
"JOINT EXERCISE
WASTE - MANAGEMENT
some instances
and approved by
District and County
The above - referenced JPA was subsequently amended
by that certain agreement entitled "FIRST AMENDED JOINT
EXERCISE OF POWERS AGREEMENT CREATING NEWPORT- IRVINE WASTE -
MANAGEMENT PLANNING AGENCY (NIWA) ", dated April 27, 1976, by
which the above- referenced agreement was amended to include
the following parties as Member entities:
(a) County Sanitation District No. 5 of Orange County
(b) Orange County Water District
(c) City of Newport Beach
(d) City of Irvine
(e) County of Orange
(f) Irvine Ranch Water District
(g) Orange County Flood Control District
(h) Orange County Harbors, Beaches and Parks District
(i) California Department of Fish and Game
(j)
City
of
Costa Mesa
(k)
City
of
Orange
II.
The parties hereto desire to amend this Agreement
as follows:
Paragraph IV(7) of the "First Amended Joint
Exercise of Powers Agreement Creating Newport- Irvine Waste-
Management Planning Agency (NIWA) ", dated April 27, 1976,
is amended to read in its entirety as follows:
"7. Designation of Directors
Within thirty (30) days after the execution
of this Agreement, each member including the Department
of Fish and Game, shall designate and appoint one
person to act as its Director on the Board. Each
member, including the Department of Fish and Game,
shall also appoint one Alternate Director and may
appoint a Second Alternate Director, whose name(s)
shall be on file with the Board and who may assume all
rights and duties of the absent Director representing
the appointing member. Each Director, Alternate
Director, and Second Alternate Director shall hold
office from the first meeting of the Board after his
appointment until his successor is selected. Directors,
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L]
Alternate Directors, and Second Alternate Directors
shall serve at the pleasure of the appointing member
and may be removed at any time, with or without cause,
in the sole discretion of said appointing member.
Except as to the Director of the Department of Fish
and Game or his designated Alternate and Second
Alternate Directors, each Director shall be a member of
the governing board of a member, duly elected, appointed
in lieu of election to such elective public office, or
appointed thereto and holding an elective office as
provided in Section 4730 of the Health and Safety Code.
Alternate and Second Alternate Directors shall either
meet the same requirements as Directors or shall be
employees or other officials of the appointing members.
A Director, Alternate Director of Second Alternate
Director shall not receive any compensation from the
Agency for his services, but may be reimbursed for
expenses incurred by such Director in the conduct of
the business of the Agency. Any such appointment of
such persons shall evidence and be conclusive that such
positions are compatible and the offices of Director,
Alternate Director and Second Alternate Director
are intended and in fact established on such basis."
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III.
In lieu of each party executing an original
amendment, each party may sign one or more identical copies
of the original amendment and their executed copy, when
filed with the Secretary of NIWA, sahll constitute an
agreement between all parties who have executed such copies.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals by their respective officers thereunto
authorized on the day of 1976.
ATTEST:
kityClerk
APPRVOED AS TO FORM:
lX
City ttorn y
CITY OF NEWPORT BEACH
B
H WARD ROGERS
Mayor
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!j." 1 C) 9-6
,
BY +69 CITY COUNQL
CITY aF NEWPORT B:ACH
RESOLUTION.NO. R 84 O_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO FIRST
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
CREATING NEWPORT- IRVINE WASTE - MANAGEMENT
PLANNING AGENCY (NIWA)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment No. 1 To
First Amended Joint Exercise of Powers Agreement Creating
Newport - Irvine Waste - Management Planning Agency (NIWA) to
allow each member to appoint a second alternate director;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said amendment and finds it to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said amendment;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said amendment above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 12th day of
Mayor
ATTEST:
ty Cler
1976.
DDO /bc
6/30/76
f--1
Lai
CITY OF NEWPORT BEACH
CALIFORNIA
DATE May 011976
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1804
City Hall
3300 w. Newport B1,d.
Area Code 714
673 -2110
Description of Contract First Amended Joint Exercise of Powers Agreement
Creating Newport - Irvine Waste- Management Planning Agency
Authorized by Resolution No. 8742 , adopted on
Effective date of Contract 3 -28 -75
4 -12 -76
Contract with Newport- Irvine Waste- Management Agency
Address c/o Alexander Bowie a Law Corporation
Amount of Contract
610 Newport Center Drive, Suite 1220
See Agreement
CA 92660
City 7;Etio
May 19, 1976
Alexander Bowie, A Lev Corporation
610 Newport Center Drive, Suite 1220
Newport Beach, CA 92660
Attention: Nancy C. Shanahan
Subject2 NIWA Joint Powers Agreement
Enclosed is an executed copy of the First Amended Joint
Bmereise of Powers Agreement Creating Newport - Irvin'
Wasta- Management Flaming Agency (NIWA).
This agreement was authorised by the City Council on
April 12, 1976 by the adoption of Resolution No. 8742.
Doris George
City Clerk
DG 2 ark
SM.
0
es
40 0
ALEXANDER BOWIE
A LAW CORPORATION
ALEXANDER BOWIE 610 NEWPORT CENTER DRIVE - SUITE 1220 AREA CODE 714
SPENCER E. COVERT, JR. TELEPHONE b44 9311
NANCY D, SHANAHAN NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (T4) 644 -9311
REF. OUR FILE
May 6, 1976
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Dear City Clerk:
Enclosed please find a copy of the "FIRST AMENDED
JOINT EXERCISE OF POWERS AGREEMENT CREATING NEWPORT - IRVINE
WASTE - MANAGEMENT PLANNING AGENCY (NIWA)" which was approved
on April 14, 1976 by the Council of.the City of Newport
Beach.
Please have the enclosed executed and returned to
our office.
Thank you for your assistance in this matter.
Very truly yours,
ALEXANDER BOWIE
A Law Corporation
By
Lois Cortese,
Secretary to
Nancy Shanahan
lc
Enc
tt
t�.
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40
NIWA JOINT POMM AGREEMENT is being put together by the Orange County Causel's
(EnVi.Zamental Dept.)
office./ It will be several weeks before it canes to NB. Dennis checked on this
11- 26 -75.
' 3 -51% Amended Version
Recommended for Adoption
FIRST A.1E dDED JOINT EXERCISE OF
POWERS AGREEMENT CREATING NEWPORT- IRVINE
WASTE IMANAGEMENT PLANNING AGENCY (NIWA)
I.
R E C I T A L S:
A. The Newport- Irvine Waste -Management Agency
(known as "NIWWA ") was created by an agreement dated March
28, 1975, and approved by and entered into between Irvine
Ranch ?later District and County Sanitation District No. 5 of
Orange County.
B. NIWA was first organized for the primary
purpose of qualifying and acting as an agency under Section
208 of the Federal Water Pollution Control Act and regulations
promulgated pursuant thereto.
C. Changed circumstances indicate that it is no
longer possible in the foreseeable future for NIWA to act as
a 208 agency, and the intention is to modify the agency to
provide for studies and assistance to whatever entity acts
as such 208 agency.
On January 22, 1976, Southern California Association
of Governments (SCAG) was so designated and as one of the
conditions of such designation, SCAG is required to provide
for full participation and concurrance of NI',.A in the planning
process. Tile intention of the parties to this Agreement is to
modify this Joint Powers Agreement to provide assistance to
SCAG in its 208 planning functions by contiact and otherwise.
• 40
D. It is desired that the First Amended Joint
Exercise of Powers Agreement shall consist of two or more of
the following as parties hereto:
(a) County Sanitation District No. S of
Orange County;
(b) Orange County Water District;
(c) City of Newport Beach;
(d) City of Irvine;
(e) County of Orange;
(f) Irvine Ranch Water District;
(g) Orange County Flood Control District;
(h) Orange County Harbors, Beaches, and Parks District;
(i) California Department of Fish and Game;
and such other additional entities as are subsequently
included herein as Member Agencies pursuant to the provisions
of Section 32 of this Agreement.
E. The hereinabove named parties include within
their existing boundaries in whole or in part territory
included in or related to the San Diego Creek Watershed,
Newport Bay, or both.
F. Irvine Ranch Water District is undertaking
thy.! formulation of regional plans for facilities for the
collection, treatment, disposal and reclamation of wastewater
from within the hereinabove described area which -in part is
tributary to Newport Bay, as well as other areas which are
partly within the boundaries of the Orange County Water
District, all of which are entities being situated in the
County of Orange.
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G. All the hereinabove named parties and potential
parties to this Agreement possess the power and authorization
to conduct planning and other studies into water quality and
other matters of the San Diego Creek Watershed- Newport Bay
Area, either directly or in conjunction with another entity
or entities.
H. An area -wide waste treatment management
planning process and resulting plan for the San Diego Creek -
Newport Bay Area may be compatible with ascertaining the
existence of and solution to any water quality problems
and /or other matters that now or in the future may be present
within the San Diego Creek Watershed - Newport Bay Area. Such an
effort can be achieved effectively through the cooperative
action of the parties to this Agreement, operating through
an entity established by this joint exercise of powers
agreement either directly or in 'conjunction with another
entity or entities.
I. Each of the parties is authorized to contract
with each of the other parties to this Agreement for the
joint exercise of the common powers set forth herein pursuant
to the authorization set forth in Article I, Chapter 5,
Division 7, Title I of the Government Code.
J.. The parties to this Agreement and the entity
hereby created is intended to be and is comprised to be
representative of local governmental agencies included in or
related to the San Diego Creek Watershed- Newport Bay Area.
-3-
K. The governing body of the entity hereby
established, except as to the Director of the Department of
Fish and Game or his designee, shall be comprised of persons
holding offices on the governing bodies of the Member Agencies
whom they represent, which governing body established hereby
shall be reflective of the local governmental agencies in
the hereinabove described area.
L. In the event that circumstances change in the
future, it is intended that NIWA have the power to be designated
a planning agency under Section 208 of the Federal Water
Pollution Control Act and regulations established pursuant
thereto.
II.
COVENANTS
In consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
III.
PURPOSE AND POWERS
1. Agency Created
There is hereby created a public entity to be
known as the "Newport- Irvine Waste- Management Planning
Agency (NIWA)." The Agency is formed by this Agreement
pursuant to the provisions of Article I, Chapter 5, Division
7, Title I of the Government Code of the State of California.
The Agency shall be a public entity separate from the parties
hereto.
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2. Purpose of the Agreement /Common Powers to
be Exercised
Each member has the common power to conduct
planning and other studies into water quality and other
matters in the San Diego Creek watershed- Newport Bay Area
inclusive of the power and authorization to accomplish an
area -wide waste treatment management plan on an ongoing,
continuous basis to the extent and as provided for in Section
208 of the Federal Water Pollution Control Act and regulations
promulgated pursuant thereto either directly or in conjunction
with another entity or entities.
The purpose of this Agreement is to jointly exercise
the foregoing common power in the manner hereinafter set
forth.
3. Powers
The Agency shall have the power in its own
name to do any of the following:
(a) To exercise jointly the common powers of
its members to conduct planning and other studies into water
quality and other matters in the San Diego Creek Watershed -
Newport Bay Area including the accomplishment, on an ongoing
basis as provided for in Section 208 of the Federal Water
Pollution Control Act and regulations promulgated pursuant
thereto, of an area -wide waste treatment management planning
process either directly or in conjunction with another
entity or entities;
267M
(b) To make and enter into contracts;
(c), To contract for the services of engineers,
attorneys, planners, financial consultants; and separate and
apart therefrom, to employ such other persons, as it deems
necessary, subject to limitations hereinafter provided.
(d) To incur debts, liabilities or obligations
subject to limitations herein set forth;
(e) To sue and be sued in its own name;
(f) To apply for an appropriate grant or
grants under any federal, state, or local programs for
assistance in developing any of its programs including but
not limited to an area -wide waste management planning process
to the extent and as described in the Act and regulations
promulgated pursuant to the Act and any other applicable
local, state, or federal statutory or regulatory provisions
or any combination of the foregoing;
(g) To the extent not herein specifically
provided for, to exercise any powers in the manner and
according to the methods provided under the laws applicable
to the County Sanitation District Act;
(h) Legal services shall be provided by the
office of the County Counsel at no cost to the Agency. The.
Environmental Management Agency of the County of orange shall
provide technical and administrative staff.support, which
shall be augmented by staff assistance from the Agency
members in their respective capabilities. The Agency shall
• •
contract for the services of attorneys, engineers, planners,
financial consultants, and other persons only when and to
the extent the work cannot be done expeditiously by the
County Counsel, the Environmental Agency, and the staffs of
the respective Agency members.
meanings:
4. The following words shall have the following
(a) "Agreement" means this First Amended Joint
Exercise of Powers Agreement.
(b) "Agency" means the Newport- Irvine Waste-
Management Planning Agency (NIWA) formed pursuant to this
Agreement.
(c) "Board" or "Board of Directors" means
the governing body of the Agency.
(d) "Member" or "Party" means each of the
parties which become a signatory to this Agreement, accepting
the rights and obligations of the Agency hereunder, including
any public entity executing an addendum, amendment, or
supplement to the original agreement as hereinafter provided.
(e) "Participating Member" means a member
that has or will acquire rights and assume obligations in
connection with a particular project.
(f) "Participating Director" means the
regular Director or Alternate Director of the Board who has
been appointed by a member which has become a Participating
Member.
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(g) The Directors appointed for the County
of Orange, the Orange County Flood Control District, and
the Orange County Harbors, Beaches and Parks District may
consist of only one or two individuals.. Notwithstanding
such appointments, the County of Orange, the Orange County
Flood Control District, and the Orange County Harbors,
Beaches and Parks District shall be treated as separate
entities, and an individual Director for two or more of such
three entities shall have a vote for each such entity he
represents.
(h) "Fiscal Year" means July 1st to and
including the following June 30th.
(i) "Project" means the study, assistance or
other planning function accomplished pursuant to the project
budget procedure.
(j) "General Budget" means the approved
budget applicable to the expenses of administration of the
Agency.
IV.
ORGANIZATION
5. Membershi
The members of the Agency shall be each
public entity listed in Section I of this Agreement which
has executed or hereafter executes this Agreement, or any
addenda, amendment or supplement thereto, within the period
of time specified in Section 7 of this Agreement and cahich
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s s
has not, pursuant to the provisions hereof, withdrawn therefrom.
Additional entities may be subsequently included herein as Member
Agencies pursuant to the provisions of Section 32 of this Agreement.
6. Names
The names, particular capacitites, and addresses
of the members at any time shall be shown on Exhibit "A ",
attached hereto, as amended or supplemented from time to time.
7. Designation of Directors
Within thirty (30) days after the execution
of this Agreement, each member including the Director of the
Department of Fish and Game, shall designate and appoint one
person to act as its Director on the Board. Each member,
including the Director of the Department of Fish and Game,
shall also appoint one Alternate Director whose name shall .
be on file with the Board and who may assume all rights and
duties of the absent Director representing the appointing
member. Each Director and Alternate shall hold office from
the first meeting of the Board after his appointment until
his successor is selected. Directors and Alternates shall
serve at the pleasure of the appointing member and may be
removed at any time, with or without cause, in the sole
discretion.of said appointing member. Except as to the
Director of the Department of Fish and Game or his designated
Alternate, each Director shall be a member of the governing
board of a member, duly elected, appointed in lieu of election to such
elective public office, or appointed thereto and holding an
elective office as provided in Section 4730 of the Health
and Safety Code. Alternate Directors shall either meet
the same requirements as Directors or shall be employees
or other officials of the appointing members. A Director
or Alternate shall not receive any compensation from the
Agency for his services, but may be reimbursed for expenses
incurred by such Director in the conduct of the business of
the Agency. Any such appointment of such persons shall
evidence and be conclusive that such positions are compatible
and the offices of Director and Alternate Director are
intended and in fact established on such basis. In the
event that one of the hereinabove named entities has not
executed this Agreement within forty -five (45) consecutive
days following written notice given in the manner hereinafter
provided for the execution of this Agreement, such nonaction
shall be deemed an election not to participate herein at
this time. Subsequent participation herein may be accomplished
in accordance with Section 32 of this Agreement.
8. Principal Office
The principal office of the Agency shall be
established by the Board. The Board is hereby granted full
power and authority to change said principal office from one
location to another in the County of Orange. 'Any change
shall be noted by the Secretary under this section but shall
not be considered an amendment to this Agreement.
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9. Meetings
The Board shall meet at the principal office
of the Agency or at such other place as may be designated by
the Board. The time and place of regular meetings of the
Board shall be determined by resolution adopted by the
Board. A copy of such resolution shall be furnished to each
party hereto. Any meeting of a project committee shall be
deened to be a meeting of the Agency and shall be open to
all Directors. Regular, adjourned, and special meetings
shall be called and held in the manner as provided in Chapter
9, Division 2, Title 5 of the Government Code of the State
of California (commencing at Section 54950).
10. Quorum
A majority of the Directors shall constitute
a quorum for the purposes of the transaction of business
relating to the Agency. A majority of the Directors, but
not less than two (2), shall constitute a quorum for the
purposes of the transaction of business of the Agency on
matters relating to each project in which not all of the
parties are participating.
11. Powers and Limitations Thereon
All of the powers and authority of the Agency
shall be exercised by the Board, subject, however, to the
reserve right of the members as herein set forth. Unless
otherwise provided herein, each Director or Participating
Director shall be entitled to one vote, and a vote of the .
majority of the Board qualified to vote may adopt any motion,
resolution, ordinance, or order and take any other action
they deem appropriate to carry forward the objectives of the
Agency or of a project committee.
12. Minutes
The Secretary of the Agency shall cause to be
kept minutes of regular, adjourned regular, and special
meetings of the Board, and shall cause a copy to be sent to
each of the members hereto.
13. Rules
The Board may adopt from time to time such
1 rules and regulations for the conduct of its affairs as may
be required.
14. Vote or Assent of Members
The vote, assent, or approval of members in
any matter requiring such vote, assent, or approval hereunder
shall be evidenced by a certified copy of the resolution of
the governing board of such member filed with the Agency.
15. Officers
There shall be selected from the membership
of the Board a Chairman and a Vice Chairman. The Board
shall appoint a Secretary who may be a Director. The Treasurer
of the Irvine Ranch Water District shall be the Treasurer of
the Agency; to be the depository and have custody of all
money of the agency from whatever source. The Auditor or
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officer having similar responsibilities of the Irvine Ranch
Water District will be the Auditor of the Agency and shall
draw all warrants and pay demands against the Agency approved
by the Board. (In addition, the Board shall have the power
to appoint such additional officers as it deems necessary.)
The Treasurer and Auditor hereby designated may be changed
by the consent of all Directors. The Chairman, Vice Chairman,
and Secretary shall hold office for a period of one year
commencing July 1st of each and every fiscal year; provided,
however, the first Chairman, Vice Chairman and Secretary
appointed shall hold office from the date of appointment to
June 30th of the ensuing fiscal year. Any officer, employee
or agent of the Board may also be an officer, employee or
agent of any of the members. The appointment by the Board
of such a person shall be evidence that the two positions
are compatible. The public officer or officers or persons
who have charge of, handle, or have access to any property
of the Agency shall be bonded and the amount of their bond
shall be designated in the applicable budget and thus fixed.
All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension,
relief, disability, workmen's compensation and other benefits
which apply to the activity of officers, agents, or employees
of any of the members when performing their respective
functions shall apply to them to the same degree and extent
while engaged in the performance of any of the functions and
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other duties under this Agreement. None of the officers, agents,
or employees appointed by the Board shall be deemed, by
reason of their employment by the Board, to be employed by
any of the members, or, by reason of their employment by the
Board, to be subject to any of the requirements of such
members.
V.
PLANNING
16. Planning Policy
In keeping with one of the purposes of this
Agreement, to have the power to be designated a planning
agency under Section 208 in the event of future changed
circumstances, the members hereby authorize the Board, in
its discretion, to request designation of the San Diego
Creek Watershed - Newport Bay Area as an area having water
quality problems as defined in Section 208 of the Federal
Water Pollution Control Act and that the Agency be designated
as the areawide waste treatment management planning agency
for such areas either directly on in conjunction with another
entity or entities.
VI.
BUDGETS AND PAYMENTS
17. General Budget
Within thirty (30) consecutive calendar days
after the first meeting of the Board, a general budget shall
be adopted for the balance of the fiscal year and the ensuing
fiscal year. The initial budget and each succeeding budget
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shall include twollowing: .`
(a) the general administrative expenses of
the Agency to be incurred during the period covered by the
budget; and
(b) the allocation among the members of the
amounts necessary to cover the general budget expenditures.
The expenditures required in the initial budget (from formation
to June 30, 1976) shall be shared.equally. If after the
initial budget the Board provides an allocation to the
members on some basis -other than equal amounts, the general
budget must be approved by the unanimous consent of all the
Directors. After the first full fiscal year, at or prior to
each June meeting of the Board, a general budget shall be
adopted for the ensuing fiscal year.
18. Project Budgets
In addition to the general budget, the Board
may budget at any time for specific studies, planning efforts
or assistance to whatever entity is acting as the 208 Agency..
Each project budget shall include the following:
the project;
(a) the administrative expenses allocated to
(b) the cost of studies, assistance and /or
planning effort involved in the project;
(c) the allocation among the participating
members of the total project costs.
After the Board approves a project budget, it
shall be submitted to each member who has expressed a
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desire to participate and is to be obligated for payment of
any amount thereunder. The Agency shall not incur any
expense for the project until the project budget has been
approved by the governing body of each of the proposed
participating members. In the event a project budget is not
approved, the cost of preparing the budget shall be divided
among the proposed participating members in accordance with
the proposed allocation of the total project costs.
19. Effect of Failure of Approval of Budget
If, after one hundred twenty (120) consecutive
calendar days from the first submission of a general budget,
the budget fails to attain the required vote, the consenting
- Directors or members, in the case of the general budget, may
treat the refusal of the representative Director or member
to approve the budget as a' request for a withdrawal from the
Agency, in the case of failure to approve a general budget;
or from the project, but not from the Agency, in the case of
failure to approve a project budget by any member. The
remaining members may thereafter, upon giving the non -
consenting member thirty (30) consecutive days prior written
notice, proceed with the adoption of the revised budget and
the non - consenting member shall not be obligated for future
debts of the Agency or of the project, as the case may be,
nor shall it receive any benefits therefrom. The foregoing
is subject to the provisions of Section 31 hereof.
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20. Expenditures for the Approved Budget
All expenditures within the designations and
limitations of approved general or project budgets shall be
made on the authorization of a majority of the Directors
for general budget expenditures, or of a majority of the
Directors of the participating members for other expenditures.
No expenditures in excess of those budgeted shall be made
without the unanimous consent and approval of all of the
Directors representing-the member affected by the budget
under consideration.
21. Payment of Amounts Due
Amounts required to be paid by any member
shall be due and payable forty -five (45) days after receipt
of billing therefore from the Board.
22. Reimbursement of Funds
Grant funds, if any, received by the Agency
from any federal, state or
expenditures for which the
portion of said funds from
paid to said members to re
advanced to the Agency for
has been received.
local agency to pay for budgeted
Agency has received all or a
its members shall be proportionally
Lmburse the members for the funds
the project for which grant money
VII.
PROJECTS
23. Initiation of Projects
No project shall be initiated by the Board
without the unanimous consent of every member, or if it is a
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project of less than all of the members, the unanimous
consent of all of the participating members. Approval of a
project budget by all of the participating members shall
constitute consent for the initiation of the project.
24. Project Members
If it is determined that less than all of
the members desire participation in proposed projects,
the participating Directors for each project shall constitute
a subcommittee of the Board referred to as the Project
Committee ". All actions by a project committee shall be
deemed actions of the Agency and shall be taken in the name
of the Agency; however, only the participating members of a
project shall have the rights and obligations in said project
as herein provided.
VIII
ACCOUNTING AND AUDITS
25. Accounting Procedures
Full books and accounts shall be maintained
for the Agency in accordance with practices established by,
or consistent with, those utilized by the Controller of the
State of California for lire public entities. In particular,
the Agency's controller and Treasurer shall comply strictly
with the requirements of the statute governing joint
powers agencies - -- Chapter 5, Division 7, Title I of the
Government Code commencing at Section 6500.
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u
26. Audit
ft
The records and accounts of the Agency shall
be audited annually by an independent certified public
accountant and copies of such other reports shall be filed
with the County Auditor, the State Controller, and each
participating member within six (6) months of the end of the
fiscal year under examination.
Agency
IX.
- PROPERTY RIGHTS
27. Distribution of Assets and Termination of
To the extent that any funds are received
I from any member to be used for the studies, assistance, or
other planning functions, the same shall be allocated
annually on the books of the Agency to the credit of said.
contributing member. Upon termination or dissolution of the
Agency herein created, any funds in possession of the Agency
at such time shall be distributed to the members at the time
of termination as their interests appear on the books of the
Agency.
28. Liabilities
Any liability incurred by the Agency during
the course of its existence shall be discharged from payments
hereby agreed to be made to the Agency by each of the parties
hereto in proportion to their contribution or approved
participation in projects of the Agency for which the
liability is attributable. Except as hereinabove provided,
the debts, liabilities, and obligations of the Agency shall
be the debts, liabilities, or obligations of the Agency
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M
alone and not of 0 parties to this Agreeme*
ra
FORMATION, TERM, TERMINATION, WITHDRAWAL
29. Term
The Agency shall continue until this Agreement
is rescinded or terminated as herein provided.
30. Rescission or Termination
This Agreement may be rescinded and the
Agency terminated by written consent of all members.
31. Withdrawal
Any member may withdraw from the Agency at
any time upon giving each of .the members one hundred twenty
(120) days written notice prior to the end of a fiscal year;
provided, however, in the event the withdrawing member has
any rights or obligations to the Agency, said member cannot
transfer said rights or be relieved of its obligations
without the execution of a written agreement executed by it
and all members affected by such withdrawal. The Agency may
not utilize the rights, if any, of a member who has withdrawn
without first obtaining the written consent of the withdrawn
member. Upon termination, a withdrawn member will be treated
like all other members in regard to the provisions of Section
27 hereof.
32. Admission of New Members
It is recognized that public entities, other
than those hereinabove enumerated, may wish to participate
in the Agency. Such additional public entities may become
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members of the Agency upon such terms and conditions as
provided by the Board and by the unanimous consent of existing
members of the Agency as evidenced by the execution of a
written addendum to this Agreement, signed by all existing
members as well as such additional member. However, the
Cities of Costa Mesa, Santa Ana, Tustin, and Orange and the
Water Districts of E1 Toro and Los Alisos are invited to
become members and shall have the right.to execute this
Agreement and become Member Agencies with all the rights,
duties, privileges, and obligations under this Agreement,
provided they execute an addendum to this Agreement to such
effect within forty -five (45) consecutive calendar days
after receipt of written notice of approval of this First
Amended Joint Exercise of Powers Agreement.
33. Amendmen
This Agreement may be amended only by the
unanimous vote of all members.
34. Notice
Any notice or instrument required to be given
or delivered by depositing the same in any United States
Post Office, registered or certified, postage prepaid',
addressed to the addresses of the members as shown on
Exhibit "B" shall be deemed to have been received by the
party to whom the same is addressed at the expiration of
seventy-two (72) hours after deposit of the same in the
United States Post office for transmission by registered or
certified mail as aforesaid.
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35. Arbitration
Any controversy or claim between any two or
more parties to this Agreement, or between any such party or
parties and the Agency, in respect to the Age -;ry's operations,
or to any claims, disputes, demands, differences, controversies,
or misunderstandings arising under, out of, or in relation
to this contract, or any breach thereof, shall be submitted
to and determined by arbitration. To the extent not
inconsistent herewith, the rules of the American Arbitration
Association shall apply. The party desiring to initiate
arbitration shall give notice of its intention to arbitrate
to every other party to this Agreement and the Agency. Such
notice shall designate as "respondents" such other parties
as the initiating party intends to have bound by any award
made therein. Any party not so designated but which desires
to join in the arbitration may, within ten (10) days of
service upon it of such notice, file a response indicating
its intention to join in and to be bound by the results of
the arbitration and further designating of any other parties
it wishes to name as respondents. Within twenty (20) days
of the service of the initial demand for arbitration, the
American Arbitration Association, hereinafter referred to as
"AAA ", shall submit simultaneously, to the initiating party
and to all parties named as respondents or filing a response
therein, an identical list of names of persons chosen from
the AAA National Panel of Arbitrators, which persons shall
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be, to the extent possible, experts in the field of waste
water disposal and reclamation, as well as public law. Each
party to the dispute shall have seven (7) days from the
mailing date in which to cross off any names to which he
objects, number the remaining names indicating the order of
his preference, and return the list to the AAA. If a party
does not return the list within the time specified, all
persons named therein shall be deemed acceptable. From
among the persons who have been approved.on both lists, in
accordance with the designated order of mutual preference,
the AAA shall invite the acceptance of an arbitrator to
serve. If the parties fail to agree upon one of the persons
I.- named, or if an acceptable arbitrator is unable to act, or
if for any other reason the appointment cannot be made from
the submitted list, the AAA shall have the power to make the
appointment of the arbitrator from other members of the
panel without the submission of any additional list.
The arbitrator shall determine the rights of the
parties in accordance with the law, and the award shall be
subject to review as to the arbitrator's application of the
law by any court having jurisdiction thereof, whether or not
any mistake of law shall appear upon the face'of the award.
As to all questions of facts, however, the determination of
the arbitrator shall be binding upon all parties and shall
be final. Any party shall be entitled to written findings
of fact and conclusions of latio as to all issues determined by
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the award. Subject to the above limitations, the award
shall be binding upon all parties to the arbitration and
judgment upon the award rendered by the arbitrator may be
== entered in any court having jurisdiction thereof.
The arbitrator may, in his discretion, as part of
the arbitration award, impose upon any one party or allocate
among two or more of the parties, the liability for the
arbitration fees and expenses. Such allocable fees may
include the initial administration fees, fees for second and
subsequent hearings, postponement fees, and overtime fees.
Allocable expenses may include the expenses of producing.
witnesses, the cost of stenographic records, the cost of any
transcripts, travel expenses of the arbitrator and Tribunal
Administrator, the expenses of any witnesses, the costs of
any proofs produced at the direct request of the arbitrator,
and any other expenses relating directly to the arbitration.
In the event of the failure of the arbitrator to provide for
the allocation of such fees and expenses, the arbitration
fees shall be divided equally between the parties and the
expenses shall be borne by the party incurring them.
36. Severance
If any section, subsection, sentence, clause,
or phrase of this Agreement, or the application thereof, to
any of the members or any other person or circumstances, is
for any reason held invalid, the validity of the remainder
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v I -. !
a 6
of the Agreement, or the application of such provision to
the other members, or to any other person or circumstances,
shall not be affected thereby. Each of the members hereby
declares that it would have entered into this Agreement, and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one.or more sections, subsections,
sentences, clauses; or phrases, or the application thereof,
to any member or any other person or circumstances be held
invalid.
37. Execution
In lieu of each party executing an original
agreement, each party may sign one or, more identical copies
of the original agreement and their executed copy, when
filed with the Secretary of NIWA, shall constitute an
agreement between all parties who have executed such copies.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals by their respective officers thereunto
authorized the day and year first hereinabove written
ATTEST:
i
Cit- rk
APPROVE? AS TO FORM:
t f
r i
City Attorney
CITY OF NEWPORT BEACH
By
HOWARD ROGERS
Mayor
. t
N
6
RESOLUTION NO. 8742
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDED JOINT
EXERCISE OF POWERS AGREEMENT CREATING NEWPORT -
IRVINE WASTE- MANAGEMENT PLANNING AGENCY (NIWA)
WHEREAS, the Newport - Irvine Waste - Management Agency
(known as "NIWA ") was created by an agreement dated March 28,
1975, and approved by and entered into between Irvine Ranch
Water District and County Sanitation District No. 5 of Orange
County; and
WHEREAS, NIWA was first organized for the primary
purpose of qualifying and acting as an agency under Section 208
of the Federal Water Pollution Control Act and regulations
promulgated pursuant thereto; and
WHEREAS, changed circumstances indicate that it is
no longer possible in the foreseeable future for NIWA to act
as a 208 agency, and the intention is to modify the agency to
provide for studies and assistance to whatever entity acts as
such 208 agenc,,; and
WHEREAS, on January 22, 1976, Southern California
Association of Governments (SCAG) was so designated and as one
of the conditions of such designation, SCAG is requirsd to pr.(.,ide
for full participation and concurrence of NIWA in the planning
process; and
WHEREAS, the First Amended Joint Exercise of Powers
Agreement shall consist of two or more of the fol.low.Lng as parties
hce r eto :
(a) County Sanitation District No. 5 of
Orange County;
(b) Orange County Water District;
(c) City of Newport Beach;
(6) City of Irvine;
• .
(e) County of Orange;
(f) Irvine Ranch Water District;
(g) Orange County Flood Control District;
(h) Orange County Harbors, Beaches and Parks District;
(i) California Department of Fish and Game;
and such other additional entities as are subsequently included.
WHEREAS, the City Council has reviewed the terms and
conditions of the First Amended Joint Exercise of Powers Agreement
Creating NIWA and finds them to be satisfactory and that it would be
in the best interest of the City to authorize the Mayor and City
Clerk to execute said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described .
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 12th day of April , 1976.
ATTEST:
City Clerk
r
DDO /bc
4/7/76
4/19/76