REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Chris Davis, Senior Management Analyst
Subject:
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Approve Fifth Amendment to the West Orange County Water Board Joint Powers Agreement allowing member agencies to designate up to two alternate members to the Board of Directors.
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Statement of Issue:
The City is a member of the West Orange County Water Board (WOCWB) Joint Powers Authority. The Joint Powers Agreement of 1967 states that each member agency appoint a director to the WOCWB, with the City of Huntington Beach as majority owner of WOCWB facilities appointing two directors. The Fifth Amendment would allow member agencies to appoint up to two alternate directors to the WOCWB.
Financial Impact:
There is no cost associated with this action.
Recommended Action:
recommendation
Approve and authorize the Mayor and City Clerk to execute the Fifth Amendment to the WOCWB Joint Powers Agreement.
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Alternative Action(s):
Do not approve Fifth Amendment. If the amendment is not approved by the majority of member agencies, each agency would continue to designate only regular members.
Analysis:
The WOCWB is a Joint Powers Authority comprised of the cities of Garden Grove, Seal Beach, Westminster and Huntington Beach for the purpose of purchasing water from the Municipal Water District of Orange County, and transporting it via the OC-9 and OC-35 transmission mains. The transmission mains and associated appurtenances are owned by the joint powers cities. The City of Huntington Beach owns 56.1% of the system. The WOCWB is governed by five (5) elected officials; one each from the cities of Garden Grove, Seal Beach and Westminster, and two from the City of Huntington Beach. Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns represent the City of Huntington Beach.
At the July 19, 2023 regular meeting of the West Orange County Water Board (WOCWB), the Board voted 5-0 to process an amendment to the Joint Powers Agreement (JPA).
The Fifth Amendment to the JPA would allow member agencies the option to appoint up to two alternate Directors to WOCWB, should the designated Director be unable to attend a WOCWB Board meeting. The Board meets quarterly, and because the Directors are City Council Members, scheduling issues do sometimes arise, making it challenging to reach a quorum. Allowing alternate members would mitigate this issue. While member agencies have allowed alternate Directors to attend Board meetings in the past, this amendment would formalize the appointment of alternate Directors.
Under the amendment, a member agency would have the option of appointing up to two alternate Directors. The alternate Director would have the same voting rights at the meeting as the regular Director. The alternate would also receive the stipend for attending the meeting. Member agencies would not be required to designate an alternate Director.
Each agency is requested to submit the proposed amendment to their legal representative for review. Should no agency have any issue with the amendment, each agency would need their City Council to approve the amendment and submit the signature page to Board.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Fifth Amendment to the West Orange County Water Board Joint Powers Authority
2. Power Point