HomeMy WebLinkAbout2012/08/14 Item 02TY COUNCIL
STATEMENT
~~~ CITY OF
CHULA VISTA
AUGUST 14, 2012, Item ~.
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO AMEND THE OTAY VALLEY
REGIONAL PARK JOINT EXERCISE OF POWERS
AGREEEMENT (JEPA) TO REDUCE THE MEMBERSHIP
OF THE CITIZENS' ADVISORY COMMITTEE (CAC)
FROM 30 MEMBERS TO 21 MEMBERS AND TO PROVIDE
AUTHORITY TO THE POLICY COMMITTEE (PC) FOR
FUTURE MEMBERSHIP REVISIONS.
SUBMITTED BY: ASSISTANT CITY MANAGER/DIRECTOR OF
DEVELOPMENT SERVICES
DIRECTOR OF LIBRARY AND RECREATION
DEPARTMENT
REVIEWED BY: CITY MANAGER
ASSISTANT CIT ANAGER
4/STHS VOTE: YES ~ NO ~X
SUMMARY
The proposed amendment to the JEPA (Attachment 1) would reduce the number of
members appointed to the CAC from 30 members (10 members appointed from each
jurisdiction) to 21 members (7 members appointed from each jurisdiction) and would
give the OVRP Policy Committee (PC) the authority to set the number of CAC members
in the future, without amending the JEPA.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it involves only a change in the OVRP Joint Exercise of Powers Agreement
(JEPA) pertaining to the number of members on the Citizen Advisory Committee and
does not result in any changes to the physical environmental; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessazy.
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AUGUST 14, 2012, Item ~-
Page 2 of 3
RECOMMENDATION
That the City Council adopt the Resolution.
BOAR.DS/COMMISSION RECOMMENDATION
The OVRP PC recommends that each of the 3 jurisdictions approve the amendment to the
JEPA.
DISCUSSION
Back rg ound
The OVRP is a 13-mile linear park with more than 8,000 acres. The City of Chula Vista,
City of San Diego, and County of San Diego are entered into a Joint Exercise of Powers
Agreement (JEPA) for the coordination of planning, acquisition, operation and
maintenance of the OVRP (Attachment 2). When formed in 1997, the Otay Valley
Regional Park (OVRP) Citizen Advisory Committee (CAC) was considered a temporary
committee that would sunset upon adoption of the "planning process" for the OVRP.
Since that time, it has been realized that the planning of the OVRP is an on-going process
and that the CAC play an important role in this process. As a result, the JEPA (as
amended in 2006) created a more permanent role for the CAC. The proposed reduction
in number of CAC members and vesting of authority with the PC for future changes to
the CAC membership requires an amendment to the JEPA. Both the San Diego City
Council and the County of San Diego Board of Supervisors voted to approve the
proposed JEPA amendment, in July 2012.
Overview
Currently, as required by the JEPA, there are 30 members appointed to the CAC, 10
members from each of the respective JEPA members. As a temporary committee, 30
members were appointed to ensure that all stakeholders were included in the development
of the OVRP's conceptual development plans. Since the formation of the CAC, there has
been a reduction in interest and participation in meetings by the CAC membership. In
addition, as a permanent committee, 30 members aze less manageable on a long-term
basis. This is demonstrated through consistent lack of a quorum, as required by the
Brown Act, for the CAC to conduct business. The reduction in membership from 30
members to 21 members is proposed to occur through attrition, as positions become
vacant through term expiration, member resignation, etc.
DECISION MAKER CONFLICT
Not Applicable:
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(1) is not applicable to this decision.
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AUGUST 14, 2012, Item ~-
Page 3 of 3
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact to the City of Chula Vista associated with the proposed JEPA
amendment. As part of the JEPA, the County has responsibility for administration of the
CAC.
ONGOING FISCAL IMPACT
NONE
ATTACHMENTS
1. JEPA Amendment
2. 2006 JEPA
Prepared by: Lynnette Tessitore-Lopez, Associate Planner, Development Services Department
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COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO AMEND THE OTAY VALLEY REGIONAL
PARK JOINT EXERCISE OF POWERS AGREEEMENT (JEPA)
TO REDUCE THE MEMBERSHIP OF THE CITIZENS'
ADVISORY COMMITTEE (CAC) FROM 30 MEMBERS TO 21
MEMBERS AND TO PROVIDE AUTHORITY TO THE
POLICY COMMITTEE (PC) FOR FUTURE MEMBERSHIP
REVISIONS
WHEREAS, the City of Chula Vista entered into a JEPA, dated July 5, 2006, with the
City of San Diego and the County of San Diego for the planning and operation and maintenance
of the Otay Valley Regional Park (OVRP); and
WHEREAS, the JEPA establishes a Policy Committee (PC) consisting of one elected
representative appointed respectively by the San Diego County Board of Supervisors, the Chula
Vista City Council and the San Diego City Council that set the policies for the administration of
the JEPA including the resolution of any issues or disputes; and
WHEREAS, among other things, the JEPA establishes a CAC of 30 members appointed
by the PC with a quorum being 12 members; and
WHEREAS, both of these numbers have proved to be too high for the CAC to conduct
business pursuant to the quorum requirements of the Brown Act; and
WHEREAS, an amendment to the JEPA to reduce the number of members of the CAC
from 30 members to 21 members would assist in providing a quorum necessary for the CAC to
conduct business; and
WHEREAS, for administrative efficiency an amendment to the JEPA is proposed to
provide the PC the authority for future revisions to the CAC membership, by a majority vote,
without an amendment to the JEPA; and
WHEREAS, the Development Services Director has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because
it involves only a change in the OVRP Joint Exercise of Powers Agreement (JEPA) pertaining to
the number of members on the Citizen Advisory Committee and does not result in any changes
to the physical environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA; and
WHEREAS, the County of San Diego Board of Supervisors voted to approve the JEPA
amendment on July 11, 2012; and
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Resolution No.
Page 2
WHEREAS, the City of San Diego City Council voted to approve the JEPA amendment
on July 31, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it amend the Otay Valley Regional Park JEPA to reduce the membership of the CAC
from 30 members to 21 members and to provide authority to the PC for future CAC membership
revisions, pursuant to the amendment in the form presented to the City Council, a copy of which
is on file in the Office of the City Clerk.
Presented by
Gary Halbert; Assistant City Manager/
Director of Development Services
Approved as to form by
_ ~ //
l~_~~~~~,Q,~
Glen R. G"oog
~t~orney
Betty Waznis; Director of Library and
Recreation Department
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,.-~~
~.'Googins
Attorney
Dated: ~(
FIRST AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN
THE COUNTY OF SAN DIEGO AND
THE CITY OF CHULA VISTA, AND CITY OF SAN DIEGO
FOR THE OTAY VALLEY REGIONAL PARK
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~1`rr'~c~~Fti-~
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE
COUNTY OF SAN DIEGO AND THE
CITIES OF CIR.TI.A VISTA AND
SAN DIEGO FOR THE
OTAY VALLEY REGIONAL PARK
This First Amendment, dated for convenience, is entered into
by the Cities of Chula Vista and San Diego, California municipal corporations, and the
County of San Diego, a political subdivision of the State of California (referred to
individually or collectively as Public Agency or Public Agencies).
RECITALS
WHEREAS, the Public Agencies entered into a Joint Exercise of Powers
Agreement for the Otay Valley Regional Pazk dated July 5, 2006 (JEPA); and
WHEREAS, among other things, the JEPA establishes a Citizen Advisory
Committee of 30 members appointed by the Policy Committee with a quorum being 12
members; and
WHEREAS, both of these numbers have proved to be too high to conduct
business; and
WHEREAS, the Public Agencies wish to amend the JEPA to reduce the number of
members of the Citizen Advisory Committee and to adjust the number that constitutes a
quorum.
NOW, THEREFORE, the Public Agencies agree as follows:
1. Section 7 of the JEPA is amended in its entirety to read as follows:
The Citizen Advisory Committee shall consist of twenty one (21) members unless
the Policy Committee votes, by a majority, to establish a different membership. The
members shall be appointed by the Policy Committee. The Citizen Advisory Committee
shall select from its membership a chairperson and avice-chairperson. The Citizen
Advisory Committee shall be comprised of members of the community, members of
community organizations, property owners and others interested in OVRP as determined
by the Policy Committee. The purpose of the Citizen Advisory Committee is to advise
the Policy Committee on matters on which the Policy Committee requests such advice
and to support agency staff in various pazk matters.
The Citizen Advisory Committee members shall serve at the pleasure of the Policy
Committee for a term to be set by the Policy Committee. A quorum, defined as a
majority of non-vacant seats of the Citizen Advisory Committee, must be present in order
to conduct business, to make recommendations on projects, and to take action at
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meetings. A simple majority of the members present shall be required to take action on
an item.
In the absence of a quorum, a single member present may move to adjourn.
The Ralph M. Brown Act (Government Code sections 54950-54963) shall govern
the proceedings, noticing and general activities of this Citizen Advisory Committee.
2. All other sections of the JEPA remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed and attested by their proper officers thereunto duly authorized, as of this date first
written above.
CITY OF SAN DIEGO
By:
Mayor
ATTEST:
City Clerk
CITY OF CFIULA VISTA
By:
Mayor
ATTEST:
City Clerk
COUNTY OF SAN DIEGO
By:
Director of az s and
Recreation
Approved as to form and legality
City Attorney
By:
Deputy City Attorney
Approved as to form
By:
city Attorney
Approved as to form and legality
County Counsel
By:
Senior Deputy
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,4 t~~ cf-r ~~,c~'2
~r~i~CAT~
JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE
COUNTY OF SAN DIEGO AND THE
CITIES OF CHULA VISTA AND
SAN DIEGO
FOR THE OTAY VALLEY
REGIONAL PARK
This txtpy must t^.
relurrn~t to Ca
C: - +~:z„ro
f'~
THIS AGREEMENT, dated for convenience as of the ~ day of 2006
is entered into by the Cities of Chula Vista and San Diego, Califomia Municipal Corporations,
and the County of San Diego, a political subdivision of the State of California, (hereinafter
referred to individually or collectively as Public Agency or Public Agencies).
RECITAL S
WHEREAS, the Public Agencies are each empowered by law to acquire and hold
property and to plan and design public facilities and appurtenances for pazk purposes; and
WHEREAS, the Public Agencies desire to coordinate acquisition, planning, and design of
the Otay Valley Regional Park (OVRP) for the benefit of their citizens and the public; and
WHEREAS, joint cooperation and participation among the Public Agencies will be
mutually beneficial and in the public interest; and
WHEREAS, the Public Agencies have acquired property for OVRP and wish to
coordinate the operation and maintenance of OVRP for the benefit of their citizens and others, by
jointly exercising their common powers in the manner set forth in this Agreement.
NOW, THEREFORE, the Public Agencies agree as follows:
SECTION 1 Rescind Original JEPA.
The. Joint Exercise of Powers Agreement for the Planning and Acquisition for OVRP
dated January 30, 1990 is hereby rescinded and replaced in its entirety by this Agre ent. ~.
DOCUMENT NO ;l ` ~ .L :1.~ 3
FILED JUN 2 7 2005
t
OFFICE OF THE CfTY CLERK
~~~p~9-363~~-~~~SAN DIEGO. CALIFORNIA
SECTION 2. Purpose.
This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division-7,
Title 1 of the Government Code of the State of California commencing with Section 6500,
(hereinafrer referred to as the "Act") relating to the joint exercise of powers common to public
agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose
of this Agreement is to exercise such powers jointly by coordinating acquisition, planning,
design, operations and maintenance of the OVRP.
SECTION 3 Terrrt.
This Agreement shall become effective when executed by all parties and shall continue in
full force and effect for 25 years from the date hereof or until terminated by any of the agencies
upon 30 days written notice to the other agencies. At the expiration of the term provided for
herein, any money appropriated by the Public Agencies for the implementation of this
Agreement which has not been spent shall be returned to the parties in proportion to their
respective contributions.
SECTION 4. Definitions.
Developed Recreation -Areas that have been altered to provide for active recreational use,
such as sports fields, turf azeas, recreation centers, and paved parking.
Maintenance -The normal maintenance duties of an agency's ranger staff that includes, but not
limited to:
• Removal of litter and illegal dump sites;
• Installing and repairing fencing and gates;
• Constructing and maintaining trails;
• Site remediation (i.e. erosion control).
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Natural open space -Areas that aze managed for habitat value and passive recreation, such as
trails and staging areas with interpretive facilities.
Operations -The normal operation duties of an agency's ranger staff that include:
• Developing and conducting nature walks and other interpretive programs on the natural
and historical features of the OVRP;
• Designing and preparing exhibits and information materials related to OVRP;
• Serving as liaison to other jurisdictional departments and agencies, community groups
and organizations, and the public regarding OVRP facilities, services and improvements;
• Patrolling roads and traits in OVRP to monitor park usage and to enforce park rules and
regulations;
• Answering questions and explaining/enforcing OV1tP policies and regulations, and
Issues;
• Developing, coordinating and administering OVRP maintenance and security contracts;
• Assigning, training, and evacuating the work of contractors and volunteer OVRP staff;
• Maintaining records of OVRP activities and preparing reports regarding OVRP;
• Providing first aid assistance;
• Monitoring OVRP use by the public; and
• Preparing and monitoring an annual OVRP budget.
SECTION 5 Boundaries.
The boundaries of the territory within which the Public Agencies shall exercise their
powers under this Agreement shall be the boundazies of the approved Concept Plan map as
adopted by the Public Agencies on May 23, 2001 (see Exhibit "A") except for the City of San
Diego reservoirs as depicted on Exhibit "A"
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A depiction of the Concept Plan boundaries shall not be construed to affect the uses to
which any property may legally be devoted and is not intended to constitute an announcement of
the Public Agencies' intent to acquire, by purchase or condemnation, any particular parcel of
property located within said boundaries, but rather is intended to facilitate continued planning for
potential future park development.
SECTION 6. Policy Committee.
A Policy Committee consisting of three elected representatives appointed respectively by
the San Diego County Boazd of Supervisors, the Chula Vista City Council and the San Diego
City Council shall, by unanimous vote, set the policies for the administration of this Agreement
including the resolution of any issues or disputes that have not been satisfactorily resolved
through coordination efforts described in Section 16 herein. The representative for the County of
San Diego shall be a member of and appointed by the County Board of Supervisors. The
representative from the City of Chula Vista shall be a member of and appointed by the City
Council. The representative from the City of San Diego shall be a member of and appointed by
the City Council. Appointment to the Policy Committee shall be for a term not to exceed the
appointee's current term in office. A quorum for the purposes of conducting business will
consist of two members of the Policy committee. In the absence of a quorum, a single member
present may move to adjourn.
The Policy committee may adopt bylaws, rules and regulations as required to conduct
meetings and business.
The Policy Committee shall conduct regular meetings at least annually and at such other
times as may be determined by the Committee or provided for in its bylaws.
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The Policy Committee shall appoint a Citizen Advisory Committee and oversee its
activities. The Policy Committee may also appoint alternates for Citizen Advisory Committee
Representatives.
The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the
proceedings, noticing and general activities of the Policy Committee.
SECTION 7 Citizen Advisory Committee.
The Citizen Advisory Committee shall consist of thirty members appointed by the Policy
Committee. The Citizen Advisory Committee shall select from its membership a chairperson
and avice-chairperson. The Citizen Advisory Committee shall be comprised of members of the
community, members of community organizations, property owners and others interested in
OVRP as determined by the Policy Committee. The purpose of the Citizen Advisory Committee
is to advise the Policy Committee on matters on which the Policy Committee requests such
advice and to support agency staff in vazious park matters.
The Citizen Advisory Committee members shalt serve at the pleasure of the Policy
Committee for a term to be set by the Policy Committee. A quorum for purposes of conducting
business shall consist of 12 committee members or alternates. A simple majority of the members
present shall be required to take action on an item.
In the absence of a quorum, a single member present may move to adjourn.
The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the
proceedings, noticing and general activities of this Citizen Advisory Committee.
SECTION 8. Administration.
This Agreement shall be administered by the Public Agencies. This Agreement shall be
administered on behalf of the County of San Diego by the Director of Parks and Recreation; on
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behalf of the City of San Diego by the Director of Park and Recreation; and on behalf of the City
of Chula Vista by the City Manager orhis/her designee per written designation.
The County of San Diego agrees to act as lead agency for purposes of scheduling
meetings, preparing agendas, recording minutes and maintaining records related to the planning,
design, operations and maintenance of the OVRP.
SECTION 9. Privileges and Immunities.
All of the privileges and immunities from liability, exemptions from laws, ordinances and
rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any of the Public Agencies when performing their
respective functions within their territorial limits, shall apply to them to the same degree and
extent while engaged in the performance of any of their functions and duties extra-territorially
under this Agreement.
SECTION 10. Records and Accounts.
Each Public Agency shall be strictly accountable for ail funds and shall report all
receipts and disbursements related to the acquisition of real property for OVRP and to the
operation and maintenance of OV1tP under this Agreement.
SECTION 11. Title of Property
All right, title and interest to the real property acquired for the OVRP shall belong to and
be vested in the Public Agency, i.e., the County of San Diego, the City of Chula Vista, or the
City of San Diego, that acquired the real property. Termination of this Agreement shall not
change the right, title, or interest of any real property comprising the OVRP. [f the property is in
another jurisdiction, the Public Agency that acquired the real property may retain ownership of
the property or may transfer ownership to the jurisdiction in which the property is located if the
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Public Agency in whose jurisdiction the property is located provides its written consent to the
transfer
SECTION 12. Operations and Maintenance of the OVRP
A. At its cost, the City of San Diego shall operate and maintain the public lands
designated for natural open space purposes in Area "A" on Exhibit "A." The City of San Diego
shall maintain these lands in a good and sanitary order, condition and repair and in a manner
reasonably acceptable to the City of Chula Vista and County of San Diego. This obligation
applies irrespective of which Public Agency owns the public lands in Area"A,"but the
obligation is subject to the availability of funds as determined by the San Diego City Council.
B. At its cost, the County of San Diego shall operate and maintain the public lands
designated for natural open space purposes in Areas "B" and "C" on Exhibit "A." The County
of San Diego shall maintain these lands in a good and sanitary order, condition and repair and in
a manner reasonably acceptable to the City of Chula Vista and City of San Diego. This
obligation applies irrespective of which Public Agency owns the public lands in Areas "B" and
"C," but the obligation is subject to the availability of funds as determined by the County of San
Diego Boazd of Supervisors.
C. At its sole cost, the City of San Diego shall operate and maintain for water
resources purposes (lake operations, water•related recreation, and watershed protection), all of
the land in Area "C" on Exhibit "A" that the City of San Diego owns. This obligation shall be
subject to the availability of funds as determined by the San Diego City Council.
D. The obligations of the City of San Diego and County of San Diego to operate and
maintain the natural open space property in Areas "A" and "B" on Exhibit "A" owned by the
City of Chula Vista in fee or through an easement restricting development are contingent on the
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City of Chula Vista paying to the City and County of San Diego the funds reasonably necessary
for this purpose. However, the City of Chula Vista's obligation to pay the City and County of
San Diego is subject to the availability of funds as detetmined by the Chula Vista City Council.
E. The obligations specified above to operate and maintain the public lands
designated for natural open space purposes in Areas "A" and "B" on Exhibit "A" do not include
those responsibilities specified in the Multiple Species Conservation Program Subazea Plans, the
Otay Ranch Resource Management Plan or the Western Otay Valley Regional Pazk Natural
Resources Management Plan, unless otherwise agreed to under separate instrument.
F The City of San Diego, the City of Chula Vista and the County of San Diego shall
each be solely responsible for operating and maintaining lands in OVRP that the respective
Public Agency acquires or acquired that is or will be developed for purposes of active recreation
(lands not designated for natural open space purposes).
G. Upon the approval of the owning Public Agency and approval by the Policy
Committee, a Public Agency shall have the right to enter said property for the purpose of
constructing open space amenities (i.e. trnils, kiosks, signage, staging azea).
SECTION 13 Defense and Indemnity
A. Claims Arising From Sole Acts or Omissions of County of San Diego.
The County of San Diego (County) hereby agrees to defend and indemnify the City of San
Diego and/or City of Chula Vista, and their respective agents, officers and employees, from
any claim, action or proceeding against the City of San Diego and/or City of Chula Vista,
azising solely out of the acts or omissions of the County in the performance of this
Agreement. At its sole discretion, the City of San Diego and/or City of Chula Vista may
participate at its own expense in the defense of any claim, action or proceeding, but such
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participation shall not relieve the County of any obligation imposed by this Agreement. The
City of San Diego and/or City of Chula Vista shall promptly notify the County of any claim,
action or proceeding and cooperate fully in the defense.
B. Claims Arising From Sole Acts or Omissions of City of San Diego.
The City of San Diego hereby agrees to defend and indemnify the City of Chula Vista and/or
the County of San Diego, and their respective agents, officers and employees, from any
claim, action or proceeding against the City of Chula Vista and/or the County of San Diego,
arising solely out of the acts or omissions of the City of San Diego in the performance of this
Agreement. At its sole discretion, the City of Chula Vista and/or the County of San Diego
may participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve the City of San Diego of any obligation imposed by this
Agreement. The City of Chula Vista and/or the County of San Diego shall promptly notify
the City of San Diego of any claim, action or proceeding and cooperate fully in the defense.
C. Claims Arising From Sole Acts or Omissions of City of Chula Vista.
The City of Chula Vista hereby agrees to defend and indemnify the City of San Diego and/or
the County of San Diego, and their respective agents, officers and employees, from any
claim, action or proceeding against the City of San Diego and/or the County of San Diego,
arising solely out of the acts or omissions of the City of Chula Vista in the performance of
this Agreement. At its sole discretion, the City of San Diego and/or the County of San Diego
may participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve City of Chula Vista of any obligation imposed by this
Agreement. The City of San Diego and/or the County of San Diego shall promptly notify the
City of Chula Vista of any claim, action or proceeding and cooperate fully in the defense.
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D Claims Arising From Concurrent Acts or Omissions.
The County of San Diego hereby agrees to defend itself, the City of San Diego hereby agrees
to defend itself and the City of Chula Vista hereby agrees to defend itself, from any claim,
action or proceeding arising out of the concurrent acts or omissions of the County of San
Diego, City of San Diego and/or City of Chula Vista. In such cases, County of San Diego,
City of San Diego and City of Chula Vista agree to retain their own legal counsel, bear their
own defense costs, and waive their right to seek reimbursement of such costs, except as
provided in subsection F below.
E. Joint Defense.
Notwithstanding subsection D above, in cases where the County of San Diego, City of San
Diego and/or City of Chula Vista agree in writing to a joint defense, the County of San
Diego, City of San Diego and/or City of Chula Vista may appoint joint defense counsel to
defend the claim, action or proceeding arising out of the concurrent acts or omissions of the
County of San Diego, City of San Diego and/or City of Chula Vista. Joint defense counsel
shall be selected by mutual agreement of the parties. The parties agree to shaze the costs of
such joint defense and any agreed settlement in equal amounts, except as provided in
subsection F below. The parties further agree that no party may bind the other party or
parties to a settlement agreement without the written consent of the other party or parties.
F. Reimbursement and/or Reallocation.
Where a final judgment of a court or an arbitration awazd allocates or determines the
compazative fault of the parties, the County of San Diego, City of San Diego and/or City of
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Chula Vista may seek reimbursement and/or reallocation of defense costs, settlement
payments, judgments and awards, consistent with such comparative fault.
SECTION 14. Entrance on Premises ,
Each Public Agency reserves and shall always have the right to enter the land that it
owns irrespective of whether the land is in Area "A," "B" or "C" on Exhibit "A."
SECTION 15 OVRP Revenue
The Public Agencies agree that all revenues obtained from the operation and use of the
OVRP natural open space property shown in Areas "A","B" and "C" on Exhibit "A" shall be
collected by the Public Agency managing the lands and shall be used exclusively for OVRP
natural open space purposes as defined in Section 2. For lands shown in Exhibit "A", Area "C",
all water-related revenues will remain with the City of San Diego, but all natural open space
related revenues shall be collected by the County of San Diego Parks and Recreation Department
and used exclusively for OVRP natural open space purposes.
SECTION 16. Coordination of Operations and Budget.
On or before December 31 of each yeaz, the Chief Administrative Officer of the County
of San Diego and the City Managers of the Cities of San Diego and Chula Vista, or their
designees, shall meet to review and resolve any issues or disputes regazding development,
operation and maintenance, and to determine an annual budget for the OVRP natural open space
lands, shown in Exhibit "A", that is equitable to each public agency and arrange for transfers of
funds as may be authorized by their respective agencies.
SECTION 17. Notices.
Any notice or notices provided by this Agreement or required by law to be given
or served upon the Public Agencies may be given by depositing the same in the United States
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mail, postage prepaid, addressed to the Director of Parks and Recreation, County of San Diego,
5201 Ruffin Road, Suite P, San Diego, CA 92123, Park and Recreation Director, City
Administration Building, 202 "C" Street, Ninth Floor, San Diego CA 92101; or City Manager,
City of Chula Vista at 276 4`h Avenue, Chula Vista, CA 92010 or to such addresses as the Public
Agencies may subsequently specify in writing.
SECTION 18. Governing Law.
This Agreement shall in every respect be binding upon the parties hereto and their
respective successors and assigns. This Agreement shall be governed by the laws of the State of
California.
SECTION 19 Provisions Required by Law.
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced
as though it were included herein, and if for any reason any such provision is not inserted, or is
not correctly stated, then upon application of any party the Agreement shall forthwith be
physically amended to make such insertion or correction.
SECTION 20. Partial Invalidity
If any provision of this Agreement or the application thereof to any person or
circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is
invalid of unenforceable, shall be unaffected thereby and shall remain valid and be enforced to
the fullest extent permitted by law
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SECTION 21. Execution.
This Agreement may be simultaneously executed in any number of counterparts, each of
which when so executed shall be deemed to be an original, but all together shall constitute but
one and the same Agreement. It is also understood and agreed that separate counterparts of this
Agreement may be separately executed by City of San Diego, City of Chula Vista, and County
of San Diego, all with the same full force and effect as though the same counterpart has been
executed simultaneously by each City and the County of San Diego.
SECTION 22. Termination.
The Agreement may be terminated upon written notice by any of the Public Agencies to
the other Public Agencies and shall be effective no less than 30 days after receipt, unless a
shorter time is agreed upon in writing by the Public Agencies.
SECTION 23. Entire Agreement.
This Agreement contains the entire understanding to the parties with respect to the
subject matter contained herein. All prior understandings and representations, written and oral,
aze superseded by this Agreement. No term or provision hereof may be changed, waived,
discharged or terminated unless the same be in .writing and signed by the parties to the
Agreement.
13
2-21
IN WITNESS WHEREOF, the parties hereto have caused t~is Agreement to be executed
and attested by their proper officers thereunto duly authorized, as of this date first written.
CITY OF SAN DIEGO
i
~ City Mana er
g/~~~
ATTEST•
City C erk v
COUNTY OF SAN DIEGO
By. ~~ CP ~ ~'~~
Director of Parks and Recreation
Approxed as to form aad 1
this. ~! s i ._......day of.,, ...„... .20U~4
MICHAEL J. AG M iry Attotnry
301593
]4
2-22
~*City Clerk
RESOLUTION NUMBER R-
3Gi593
DATE OF FINAL PASSAGE JUL - 52006
p ~~-
(R-2006-991)
WHEREAS, the concept of creating a regional park in the Otay Valley was first
introduced to the Mayor and City Council in a memorandum dated April-6, 1998, and
WHEREAS, on Apri130, 1990, the Council adopted Resolution No. R-275620 approving
the establishment ofthe Otay Valley Regional Pazk Joint Exercise of Powers Agreement [JEPA];
and
WHEREAS, the JEPA estab]ished the Policy Committee [PC] and the Citizens Advisory
Committee [CAC] for the planning of the jurisdiction and design of Otay Valley Regional Pazk;
and
WHEREAS, on October 10, 2005, the Council adopted Resolution No. R-300902
approving the revised Otay Valley Regional Pazk Joint Exercise of Powers Agreement to address
maintenance and operations between the jurisdictions; and
WHEREAS, the JEPA approved on October 10, 2005 contained language addressing the
minimum number of votes necessary for the Citizens Advisory Committee [CAC] to take action,
and whereas this language needs to be modified; NOW, THEREFORE,
BE IT RESOLVED, by the Council of the City of San Diego, that the Mayor be and is
hereby authorized and empowered to execute the revised Otay Valley Regional Park Joint
Exercise of Powers Agreement [Agreement], under the terms and conditions set forth in the
Agreement among the Cities of San Diego and Chula Vista and the County of San Diego, a copy
of which is on file in the Office of the County Recorder as Document No. RR- ~ t! 1 J `~ 3
-PAGE 1 OF 2-
2-23
(R-2006-991)
BE IT FURTHER RESOLVED, that this activity is not a "project" and therefore is not
subject to California Environmental Quality Act [CEQAj pursuant to the State Guidelines
Section 15060(c)(3). Future activities involving physical effects to the environment will require
further environmental review under CEQA.
APPROVED' MICHAEL J AGUIRRE, City Attorney
Shannon M. Thomas
Deputy City Attorney
HRM.SMT:cq:als:pev
06/07/06
Or.Dept:P&R
R-2006-991
MMS#3304
I hereby certify that the foregoing Resolution was passed by the Council of the City of San
Diego, at this meeting of JUN ~ 7 2006 .
ELIZABETH S. MALAND
City Cle ;
Deputy City Clerk
Approved. `~r ~G
(date)
Vetoed:
(date)
JERRY ERS, Mayor
JERRY SANDERS, Mayor
-PAGE 2 OF 2-
2-24
~i 3Gi593
Passed by the Council of The City of San Diego on June 27.2006 , by the following
vote:
YEAS: PETERS, FAULCONER, ATHINS, YOUNG, MAIENSCHEIN,
FRYE, HUESO.
NAYS: NONE.
NOT PRESENT: MADAFFER.
VACANT: NONE.
AUTHENTICATED BY.
JERRY SANDERS
Mayor of The City of San Diego, Califomia
ELIZABETH S. MALAND
City Clerk of The City of San Diego, California
(Seal)
By: Debbie Levenson-Cruz ,Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. R- 301593 , approved by the Mayor of The City of San Diego, California
on Julv 5, 2006
ELIZABETH S. MALAND
City Clerk of The City of San Diego, California
(SEAL)
By ~.. ~Q 1 i n i1//." .Deputy
2-25 _
COPY
JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE
COUNTY OF SAN DIEGO AND THE
CITIES OF CHULA VISTA AND
SAN DIEGO
FOR PLANNING AND ACQUISITION
FOR THE OTAY VALLEY
REGIONAL PARR
ATTACHMENT B
THI/S^/AGREEMENT, dated for convenience as of the ~~~ day
of_( use 1990 among the Cities of Chula Vista and San Diego,
and////// the County of San Diego, existing under the laws of the State
of California (hereinafter referred to individually or collectively
as Public Agencies).
W I T N E S S E T H
WHEREAS, the Public Agencies are each empowered by law to
acquire and hold property and to plan and design public facilities
and appurtenances for park purposes; and
WHEREAS, the Public Agencies desire to coordinate acquisition,
planning and design of the Otay Valley Regional Park for the
benefit of their citizens and the public; and
WHEREAS, it is believed that joint cooperation and
participation among the Public Agencies will be mutually beneficial
and in the public interest;
NOW, THEREFORE, the Public Agencies, Agree as follows:
SECTION 1. Purpose.
This Agreement is made pursuant to the provisions of Article
1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of California commencing with Section 6500, (hereinafter
referred to as the "Act") relating to the joint exercise of powers
1 .DOCUMENT N0. ~ 75f~:>_U
FILED APR 3 01990
OFFICE OF THE CITY CLERK I
SAN DIEGO, CALIFORNIA - _
2-26
common to public agencies. The Public Agencies possess the powers
referred to in the above recitals. The purpose of this Agreement
is to exercise such powers jointly by coordinating acquisition,
planning and design of the Otay Valley Regional Park. Operation
and maintenance of the acquired park land are not covered by this
Agreement.
SECTION 2. Term.
This Agreement shall become effective when executed by all
parties and shall continue in full force and effect for 25 years
from the date hereof or until terminated by any of the agencies
upon 30 days written notice to the other agencies. At the
expiration of the term provided for herein, any .money appropriated
by the Public Agencies for the coordination of this Agreement which
is not spent shall be returned to the parties in proportion to
their respective contributions.
SECTION 3. Boundaries.
The boundaries of the territory within which the Public
Agencies shall exercise their powers under this agreement shall be
the Focused Planning Area as defined by the Focused Planning Area
Map which will be developed and adopted by the agencies subsequent
to the approval of this agreement. Adoption of the Focused
Planning Area shall not be construed to affect the uses to which
any property may legally be devoted. The Focused Planning Area
boundaries will be established only after public review, noticed
hearings, and approval by the Public Agencies. All Public Agencies
shall proceed as expeditiously as possible in identifying the park
2-27
boundaries and exercising their powers to plan and design a park.
Adoption of the Focused Planning Area is not intended to create,
per, se, a potential for a determination that subsequent
encroachment or development within the Focused Planning Area
results in a significant environmental effect under the California
Environmental Quality Act. Recognition of the Focused Planning
Area boundaries is not intended to constitute an announcement of
the Public Agencies' intent to acquire, by purchase or
condemnation, any particular parcel of property located within said
boundaries, but rather is intended to facilitate continued planning
for potential future park development.
SECTION 4. Policy Committee.
A Policy Committee consisting of three elected
representatives appointed respectively by the San Diego County
Board of Supervisors, the Chula Vista City Council and the San
Diego City Council shall set the policies for the administration
of this Agreement. The representative from the County of San Diego
shall be a member of and appointed by the County Board of
Supervisors. The representative from the City of Chula Vista shall
be a member of and appointed by the City Council. The
representative from the City of San Diego shall be a member of and
appointed by the City Council. .Appointment to the Policy Committee
shall be for a term not to exceed the appointee's current term in
office. A quorum for the purposes of conducting business will
consist of two members of the Policy Committee. Zn the absence of
3
2-28
a quorum, a single member present may move to adjourn.
The Policy Committee may adopt bylaws, rules and regulations
as required to conduct its meetings and business.
The Policy Committee shall conduct regular meetings at least
annually and at such other times as may be determined by the
Committee or provided for in its bylaws.
The Policy Committee shall appoint a Citizens Advisory
Committee and regulate its activities.
The Ralph M. Brown Act (Government Code Sections 54950-54961)
shall govern the proceedings, noticing and general activities of
this Policy Committee.
SECTION s. Citizen Advisory Committee.
The Citizen Advisory Committee shall consist of thirty
members to be appointed by the Policy Committee. The Citizen
Advisory Committee shall select from its membership a chairperson
and a vice-chairperson. The Citizen Advisory Committee membership
shall be comprised of members from the community, members of
community organizations, property owners and others as determined
by the Policy Committee. The purpose of the Citizen Advisory
Committee is to advise the Policy Committee by facilitating the
transfer of inforncation between a broad-based group of concerned
community members and the Policy Committee.
The Citizen Advisory Committee members shall serve at the
pleasure of the Policy Committee for a term to be set by the Policy
Committee. A quorum for the purpose of conducting business will
consist of a simple majority of the members of the Citizen Advisory
4
2-29
Committee. In the absence of a quorum, a single person present may
move to adjourn.
The Ralph M. Brown Act (Government Code Sections 54950-54961)
shall govern the proceedings, noticing and general activities of
this Citizen Advisory Committee.
SECTION 6. Administration.
This Agreement shall be administered by the Public Agencies.
This Agreement shall be administered on behalf of the County of San
Diego by the Director of Parks and Recreation; on behalf of the
City of San Diego by the Director, City Planning; and on behalf of
the City of Chula Vista by the City Manager or his/her designee per
written designation.
The powers of the Public Agencies under this Agreement shall
be subject to those legal restrictions which the County of San
Diego has upon the manner of exercising said power pursuant to
California Government Code section 6509.
The County of San Diego agrees to act as lead agency and
schedule meetings, prepare agendas, record minutes, maintain
records, and conform to other legally required processes pertaining
to records, related to the planning and design of the Otay Valley
Regional Park on behalf of the Public Agencies.
SECTION 7. Privileges and Immunities.
All of the privileges an immunities from liahility, exemptions
from laws, ordinances and rules, all pension, relief, disability,
workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any of the Public
5
2-30
Agencies when performing their respective functions within their
territorial limits, shall apply to them to the same degree and
extent while engaged in the performance of any of their functions
and duties extra-territorially under this Agreement.
SECTION 8. Records and Accounts.
The Public Agencies shall be strictly accountable for all
funds and report all receipts and. disbursements made by the Public
Agencies in acquiring real property for the Otay Valley Regional
Park.
SECTION 9. Title to Property.
All right, title and interest to the real property acquired
for the Otay Valley Regional Park pursuant to the coordinated
efforts of the Public Agencies shall belong to and be vested in the
acquiring Public Agency, i.e., the County of San Diego, the City
of Chula Vista, or the City of San Diego. Upon termination of this
Agreement, all right, title and interest to the real property
comprising the Otay Valley Regional Park shall remain in the
acquiring Public Agency.
SECTZON 10. Notices.
Any notice or notices provided by this Agreement or required
by law to be given or served upon the Public Agencies may be given
by depositing the same in the United States mail, postage prepaid,
addressed to the Director of Parks and Recreation, County of San
Diego, at 5201 Ruffin Rd., Suite P, San Diego, CA 92123 or k s,
Planning Director _FBfr--b-e~ X
detr..rmiflaci.-b~+-C}ty-~burcrl--per-dab-5`aaid'i~5§J;-amity of-San Diego at
6
2-31
City Administration Building, 202 C Street,
Fourth.-Floor, San Diego, CP,. 92101
or City Manager, City
of Chula Vista at 276 4th Avenue, Chula Vista, CA 92010 or to such
address as the Public Agencies may subsequently specify in writing:~4~
o-r7-~-a#~-trot scea--}~e~--persona-}-lp--srr~te$-n~sott-t-lxe--D=rec^tor-off
P.arks-~ncl-fie sre a•$iot}-E3.#~-af-~arri3regrr,-------------------------------
C-tn_.h~_deLern,; ~Pd--by-ELY--eouncrt-pei--~-s'galdiZi'gT; 6P-'Che'~ify
-hfanage~:
SECTION 11. Governing Law.
This Agreement shall in every respect be binding upon the
parties hereto and their respective successors and assigns. This
Agreement shall be governed by the laws of the State of California.
SECTION 12. Provisions Required by Law.
Each and every provision of law and clause required by law to
be inserted in this Agreement shall be deemed to be inserted herein
and the Agreement shall be read and enforced as though it were
included herein, and if for any reason any such provision is not
inserted, or is not correctly stated, then upon application of any
party the Agreement shall forthwith be physically amended to make
such insertion or correction.
SECTION 13. Partial Invalidity.
If any provision of this Agreement or the application thereof
to any person or circumstances shall to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application
of such provision to persons or circumstances other than those as
to which it is invalid or unenforceable, shall be affected thereby,
and each provision of this Agreement shall be valid and be enforced
7
2-32
to the fullest extent permitted by law.
SECTION 14. Entire Agreement.
This Agreement contains the entire understanding of the
parties. No term or provision hereof may be changed, waived,
discharged or terminated unless the same be in writing, signed and
executed by .the parties to the Agreement;
8
2-33 -
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereunto duly authorized, as of the date first above written.
CITY OF ,C HULA VISDTA
Mayor
ATTEST: /~
/ / -
City Clerk
CITY OF SAN DIEGO
Pws.~TANT T0t1'WE~'T'Y MANAGER
ATTEST:
City Clerk
COUNTY O~SAN DIEGO
~~
epprored and/or autnonied hY tce 6cs;a
o` Suoawsors of the County of San Diego __ _
cq~ /' C~3 nan of a oa o S ervisor
~~c3~-/Ci ~77~;;~ ~ TTEST:
~:?:Aotthe8®:dntSunemsnr "" Clerk ol~BOard of Supervisors
09/14/89
9
~.r:'IvV~U /
~t ~I,w+.Gu~r~1~ '/~S~~fO
~~i.....,.._ _.....,.... _- , iu'.~ Jil' O;:Ur!"fY 000N5El
2-34
RESOLUTION N0. 15502
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LHULA VISTA
APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT AMONG
THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND
SAN DIEGO FOR PLANNING AND ACQUISITION FOR THE OTAY
VALLEY REGIONAL PARK, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista, City of San Diego and County of
San Diego control property within the Otay River Valley area, and
WHEREAS, all three governmental agencies are participating in the
creation of a regional park within this valley, encompassing the area from
south San Oiego Bay along the Otay River Valley corridor to Lower Otay
reservoir and beyond,-and
WHEREAS, a Policy Committee, comprised of Mayor Cox, Councilmember
Bob Filner (San Diego) and Supervisor Brian Bilbray (County), has been formed
to act as the decision-making body for policy issues related to development of
a park plan and a Citizens Advisory Committee has been appointed by the Policy
Committee to provide input on the park planning process, and
WHEREAS, at a combined Policy Committee and Citizens Advisory
Committee meeting on December 8, 1989, the Policy Committee approved adoption
of a Joint Exercise of Power Agreement (J EPA) to provide a more formal
structure for inter-agency planning and coordination, and
WHEREAS, this JEPA has been forwarded to the governmental agencies
for their approval, and is attached hereto.
NOW, THEREFORE, BE IT RE~OLYED that the City Council of the City of
Chula Vista does hereby approve the Joint Exercise of Powers Agreement among
the County of San Diego and the Cities of Chula Vista and San Diego for
planning and acquisition for the Otay Valley Regional Park, a copy of which is
attached hereto and incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the Idayor of the City of Chula Vista
be, and he is hereby authorized and directed to execute this agreement for and
on behalf of the City of Chula Visti.
Presented by
`~ ~; ~~a
ue o the o
Director of Parks and Recreation
Approved as to form by
1tii, t.. c ice-
scar uo j ~
Assistant City Attorney ~/
2-35 ~.
Resolution No. 15502
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of February, 1990 by the following vote:
AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Nane
~ ~ ~ '
reg y ox, Mayor
ATTEST
~ ~ ,
,-- . ; ~~
,:~, - ~,
_~,
ever y u~ e e , y erc
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15502 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 6th day of
February, 1990.
Executed this 6th day of February, 1990.
~~ /%~~~~
el~y~,C-Aut~l el:'; ~Ci y ei='LTr cT-
2-36
(R-90-1441)
RESOLUTION NUMBER R- Z 7 ~ ~ ~ (}
ADOPTED oN APR 3 01990
BE IT RESOLVED, by the Council of The City of San Diego, that
the Council hereby approves the establishment of the Otay Valley
Regional Park Joint Powers Authority, in accordance with the
terms and conditions set forth in the Joint Exercise of Powers
Agreement among the cities of San Diego and Chula Vista and the
County of San Diego, a copy of which is on file in the office of
the City Clerk as Document No. RR- 2 %c56 ~~
BE IT FURTHER RESOLVED, that the City Manager is hereby
authori2ed and directed to execute said agreement for and on
behalf of The City of San Diego.
BE IT FURTHER RESOLVED, that the City Council hereby approves
the appointment of the Councilmember from Council District 8
to serve as the representative to the Otay Valley Regional Park
Joint Powers Authority.
BE IT FURTHER RESOLVED, that the representative and duly
elected or appointed successor shall serve on the Authority at
the pleasure of the City Council.
APPROVED: JOHN W. WITT, City Attorney
By
olf Hradecky
Deputy City Attorney
RH:mb
03/29/90
Or.Dept:Plan
R-90-1441
Form=r.none
-PAGE 1 OF 1-
2-37
Passed and adopted by the Council of The City of San Diego on
APR 3 019G~ by the following vote:
YEAS: Wolfsheimes, Roberts Hartle Pratt Bernhar
Filner, Mayor O'Connor.
NAYS:
NOT PRESENT: Henderson.
AUTHENTICATED BY:
MAUREEN O'CONNOR
of The City of San Diego,
CHARLES G. ABDELNUUx
City Clerk of The City of San Diego, California
(SEAL)
RHONDA R. BARNES Deputy
By:
I HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of RESOLUTION N0. R- ~ ~i?E7.J~~_ , passed
and adopted by the Council of The City of San Diego, California
on 'APR 3 01990
of The City of San uiego,
(SEAL)
By : n S/ ~.~1L. /~ . ~ ~a.~.i Ola , Deputy
2-38