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HomeMy WebLinkAboutReso 1990-15502 RESOLUTION NO. 15502 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA 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 Diego 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 {JEPA) 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 RESOLVED 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 Mayor 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 Vista. Presented by Approved as to form by Director of Parks and Recreation Assistant City Attorney 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: None ~e~. Cox, y ATTEST: 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. ATTACHMENT B Resolution No. 15502 Page 3 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 THIS AGREEMENT, dated for convenience az of the 6th day of Februa~ 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). WITNESSETH 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, TMEREFORE, 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 .hes01ution N0. 15502 Page 4 common to public agencies. The Public Agencies possess the power' 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 t 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 Resolution No. 15502 Page 5 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 appGinted 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 3 Resolution No. 15502 · Page.6 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 5. Citizen Advisory Committee. The Citizen Advisory Committee shall consist of thirty members to be appointed by the Policy Committee. The Citize 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 organizatioms, 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 information 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 Resolution No. 15502 Page 7 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 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 5 Resolution No. 15502 ~age ~ Agencies when performing their respective functions within th 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 Ci, 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. SECTION 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 __ (to be determined by City Council per'Bob Spalding), City of San Diego a~ 6 Kesolutlon NO. I~UZ Page 9 '~ 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; or, said notices may be personally served upon the Director of Parks and Recreation City of San Diego, (to be determined by City Council per Bob Spalding), or the City Manager. ,,: SECTION l~. 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 Agre'ement shall be valid and be enforced 7 ~es01uti0n N0. 15502 9age 10 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 Resolution No. 15502 Page 11 IN WITNESS WHEREOP, 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 ~ULA VISTA ..ATTE T: ~ ~C/~I~ City Clerk CITY OF SAN DIEGO Mayor ATTEST: City Clerk COUNTY OF SAN DIEGO Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors 09/14/89