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Home My WebLink AboutWEST ORANGE COUNTY WATERBOARD - 1994-06-21 f jeZ Cfy - 731^t 711,r Zucrc a14 O!`l'P LL1 risfi" �y "U'0 C'4,6 REQUEW FOR CITY COUNCI&CTION x C� C Date: June 20, 1 V4 w SUBIMITTED TO: Honorable Mayor and City Councilmembers ca 7=�`� N SUBMITTED BY: Connie Brockway, City Clerk, at the request of the We7--TrER-B0AjtR-jOjNfL11jC1A'KS M "Board (WOCWB)� 1'C, 1�PREPARED BY: May�brice Johnson, Secretary to the West Orange Coun ,SUBJECT: AMENDMENT TO WEST ORANGE COUNTY Sti � POWERS AGREEMENT- CHANGE OF FISCAL YEAR TO OCTOBER 1 CFv.l� Statement of Issue Recommendation Analysis, Funding Source. Alternative Actions Attachments:i — STATEMENT OF ISSUE: At the December 20, 1994 meeting the City Council adopted Ordinance No. 3199 which changed the fiscal year for the City of Huntington Beach to October 1 through September 30. As the City of Huntington Beach acts as Fiscal Agent to the West Orange County Water Board, a request was made to change the fiscal year of the WOCWB to October 1 to simplify accounting procedures. At the April 12, 1994 adjourned regular meeting of the WOCWB, the Board approved a one-time, fifteen month fiscal year(FY 1994/95)beginning July 1, 1993 and ending on September 30, 1994;mith the WOCWB's fiscal year to be October 1 through September 30 continuing thereafter; and directed the Law Office of Bowie, Arneson, Kadi, Wiles and Giannone to prepare an Amendment to the Joint Powers Agreement for adoption by the Board of Directors of the WOCWB and ratification by the City Council of each of the four cities involved in the WOCWB. The Amendment to the Joint Powers Agreement changing the fiscal year to October 1 was adopted at the regular meeting of the WOCIis on May 17, 1994. RECONIMENDATION: Approve the Amendment to the Joint Powers Agreement between the Cities of Seal Beach, Westminster, Garden Grove and Huntington Beach to approve a fiscal year change for the WOCNN B from July 1 to October 1 and authorize the Mayor and City Clerk to execute same on behalf of the City. ANALYSIS: The WOCWB is a Joint Powers Agreement between the Cities of Seal Beach, Westminster,PardT Grove and Huntington Beach for the purpose of purchasing water from the Municipal Water-bist&t of Orange County. Huntington Beach owns 52.5% and acts as Fiscal Agent to the Board. Thec�hange in x fiscal year is necessary in order to keep accounting procedures simple, efficient, and cost effective., ALTERNATIVE ACTION: Another city could become fiscal agent for the WOCWB. =� t ATTACIII` ENTS: tin _ 1. Correspondence from 1VOCNN'B Secretary r- 2. Correspondence from Bowie, Arneson, Kadi, Wiles and Giannone legal counsel for WOCNNM 3. Amendment to Joint Powers Agreement gmj'Merlc 93res 'A Afaybrice L Johnson,Secretary 2000 Alain Street A 4. Box 190 West Orange County Huntington Beach. CA 92648 (714)536-5227 Water Board FAX(714) 3 74-155 7 Alexandar Bowie,Legal Counsel 4920 Campus Drive,Suite A Nexport Beach, CA 92660 May 20, 1994 (714) 851-1300 Donald J.Smith,Engineer-Manager Barrett Consulting Group Mrs. Connie Brockway, City Clerk 1322 Bell Avenue, Suite 1A City of Huntington Beach Tustin, CA 92680 2000 Main Street (714)259-1540 Huntington Beach,CA 92648 Dear Mrs, Brockway: I am transmitting herm%ith an Amendment to the West Orange County 1Vatcr Board Joint Powers Agreement adopted at the regular meeting of the Board held May 17, 1994 changing the fiscal year from July 1 to October 1 in order to simplify accounting procedures for the Fiscal Agent as the City of Huntington Beach is now operating on a fiscal year beginning October 1. Please present this amendment to your City Council for approval. Whcn approved, return a duly executed copy to me. Each city twill be signing a different page and the agreement will be executed in that ma rincr. 1f you have any questions,do not hesitate to call me. Sincerely, WEST ORANGE COUNTY WATER BOARD C= n C� a Maybrice L.Johnson vt _C i Secretary � ; a Enclosures 4C � cc: Donald 1. Smith,Managcr/Enginecr Earle Robitaille, Director(%%ithout enclosures) Ralph Bauer, Director(without enclosures) g:1d8ati1&wom-b1jpa1tr F}T T (n E IV 7- No . l Bova, ARNESON, KADI, WILES & GiANNONE A PARTNERSF{IP R4MUDWO A PROFESSMAL OORPORATION' ' ATPOmm AT LAW 4920 CAWUS DRM ALEXANDER BOWIE• NEWPORT BEAOK CAUrMIA 92660 AREAOODE 714 )OAN C ARNrSMI TUMID IE SH-1300 WMLIAM 1.KADI FAX(714)651•2014 WENDY K a'A..i:S PATRICIA B.GIAh 1! ROBERT E.AI.=W ERICR.DOERR40 i9007 B 4.3 KENNIMI S.LEVY ART01-NUUTM May 10, 1994 JANET t_]NIJFIM KIMBERLY A.McMURRAY •A nUXISS OVAL CCUORAIM Via Eacsimilc and 1I.S..hfall Maybrice L. Johnson Secretary, West Orange County Water Board Office of the City Clerk 2000 Main Street P.O. Box 190 Huntington Beach, Ca 92648 Re: Amendment to West Orange County Water Board Joint Powers Agreement Dear Ms. Johnson: Please find enclosed a proposed "Amendment to West Orange County Water Board Joint Powers Agreement" (the "Amendment"), which was prepared by our office as directed by the Board of Directors at its April 12, 1994 meeting. In essence, the Amendment adds a provision to Section 4 of the West Orange County Water Board (the "Board") Joint Powers Agreement establishing the fiscal year of the Board as commencing October 1 through September 30. It is our understanding that the Amendment is to be presented to the Board at its May 17, 1994 meeting, in order to ratify the action taken on April 12, 1994. If you have any questions or comments with regard to this matter, please do not hesitate to contact us. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE By: Art J. Nuutinen Enclosure cc: - Alexander Bowie BAXWAVAIM11% A T-7- tf m E N r AD . a AMENDMENT TO WEST ORANGE COUNTY WATER BOARD. JOINT POWERS AGREEMENT THIS AGREEMENT is entered into this day of , 1994, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as "The Contracting Public Agencies* or the "Parties", all of which are municipal corporations ;formed under and existing,pursuant to the Laws of the State of California; WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement executed on October 25, 1967, known as the *West Orange County Water Board Joint Powers Agreement* (the "Joint Powers Agreement"); and WHEREAS, Section 8 of the aforesaid Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and WHEREAS, the Parties hereto desire to amend Section 4 of the aforesaid Joint Powers Agreement, providing for the manner in which the West Orange County Water Board exercises its powers, in order to specifically designate the period of the Board's fiscal year. 3AXW&G/AW-'pbn1156 19M a 4•0510/%.Vnn I � j4rTAc7R (nEA)T V<3 .3 NOW,'THEREFORE, the Contracting Publi- Agencies hereby do agree as follows: $cction_1.1. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the aforesaid West Orange County Water Board Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties. Section 2. Section 4 of the West Orange County Water Board Joint Powers Agreement referred to hereinabove is hereby amended to read as follows: "Section 4. The Board shall designate a location for the office of the West Orange County Water Board and designate a date, time and place for the regular meeting of the Board. The Board shall also establish a means for giving notice to each party to this agreement of any special meeting, of the Board except to the extent that said notice may be waived by the provisions of the Government Code or other Iaws of the State of California. A quorum for the transaction of business of the West Orange County Water Board shall require tho-presence of a majority of its members. Any action of the Board shall require an affirmative vote by a majority of the members present at the bAKW&4lIl1Nlpk+li 1t36 19M B 4.DS1D91%.DrA 1 2 meeting. All meetings of the Board shall be open to the public and the Board shall cause its Secretary to keep true and accurate minutes of all meetings which are public documents and shall be available for inspection at the office of the Secretary, by any interested person or concern. In accomplishing the purposes herein specified and exercising the powers granted to the West Orange County Water Board hereunder, the Board shall act in accordance with such requirements as are specified by law for a general law city of the State of California. The Board shall establish such accounts and bookkeeping procedures as are necessary to carry out the purpose of this agreement. All funds shall be strictly accounted for and all receipts and disbursements shall be duly recorded. The financial records and transactions shall be audited by an independent Certificated Public Accountant at least once each year. The audit, provided for herein, shall be completed and available to the parties hereto at the earliest possible date, following the end of the particular fiscal year and in no event shall the audit be completed and made available to the parties later than six B.\KW�GIA]Nlplu1li156 . IW"a 4•OSM911H.anit 1 3 months following the end of the fiscal year in question. The fiscal year of the Board shall be from October I through September 30." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. ATTEST: CITY OF GARDEN GROVE By City Clerk, Mayor City of Garden Grove ATTEST: CITY OF HUNTINGTON BEACH By , City Clerk, Mayor City of Huntington Beach APPROVED AS TO FORM: City tto a Huntington Beach � 5 ATTEST: CITY OF SEAL BEACH By Mayor City Clerk, City of Seal Beach BAKW&GIASNIpW IS6 1%W B 4.03.%/W-Draft 1 4 ATTEST: CITY OF WESTMINSTER By Mayor City Clerk, City of Westminster I BAKW&G/A1N/pks/11856 19M B 4-05/091%-Draft 1