AgdaPkt 2005-12-19 - Laserfiche WebLink

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�.� z The SBWMA Board determined on September 22, 2005 to recommend to the JPA's Member Agencies to amend the JPA Agreement to make provisions for the Executive Director in a First Amended and Restated Joint Exercise of PowerAgreement, attached as Attachment A to this staff report (the Amended JPA Agreement). The changes in the JPA Agreement as recommended by the SBWMA Board are as follows: 1. Composition of the Board. In Section 8.1 the Board remains composed of non- elected persons from the staff of Member Agencies. The language clarifies from which positions a MemberAgency mayselect its Board member. The changes limitthe abilityfor the Board member to select a"designee" to only the listed positions that are eligible for the Board. The reason for this change is that the Board experience to date has seen too many different persons representing a Member and some of those persons did not have real authority to act on behalf of the Member. Redwood City Staff Comment.• Ear/y this year, seve�al discussions took p/ace at the SBWMA concerning whether o� not e%cted o�cia/s shou/d serve on the SBWMA Board. Although these discussions did not involve a specific proposal delineating what matters shou/d be submitted to the Board, Redwood City's representatives believe that adoption of the SBWMA's annual budget (which is u/timate/y paid fo� by the ratepayers) and the emphasis or prio�itization of various p�ogrammatic objectives/service /eve/s shou/d be decided upon by e%cted o�cia/s. Although Redwood City staff was very supportive of the p�oposal to have e%cted o�cia/s serve on the Boa�d, a majo�ityofthe staffrepresentatives from othermembers preferred to keep the Board composed of non-e%cted o�cia/s. Because of the issued raised by Redwood City and a few other membe�s, Section 7.1. �(see be%wJ was added as an a/ternative to having e%cted o�cia/s on the Boa�d. The p�oposed revised JPA agreement retains a Board composed of non-e%cted o�cia/s with the addition of Section 7. >.1. Despite the addition of Section 7.1. >, staff, howeve�, believes that the question ofhaving e%cted o�cia/s on the Board is best decided upon by the City Council. Staff does endorse the ba/ance of the p�oposed changes to the JPA agreement (items 2- 5). 2. Section 7.1.1 was added removing from the Board of Director's powers the ability to take the following actions: (a) Acquisition of real property; (b) Disposal of real property; (c) Entering into or amending franchise agreements for operation of the Facilities; (d) Issuance or refinancing of bonds. These limitations leave the most important decisions with the greatest structural and/or financial implications to the elected officials who govern each of the Member Agencies. It then leaves to the SBWMA Board the powers for operating Facilities and performing the other functions of the JPA. 2