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HomeMy WebLinkAboutItem 2 - Attch 2 - OVRP JEPA ResosRESOLUTION NO. 2001-148 RESOLUTION OF THE CITY COUNCM OF THE CITY OF CHULA VISTA ADOPTING THE OTAY VALLEY REGIONAL PARR CONCEPT PLAN, CREATING A REGIONAL PARK THROUGHOUT THE OTAY RIVER VALLEY, EXTENDING FROM SAN DIEGO DAY TO UPPER AND LOWER -OTAY RESERVOIRS WHEREAS, the County of San Diego Board of Supervisors and the Cities of San Diego and Chula Vista entered into a Joint Exercise of Powers Agreement ("JEPA") in 1990, for the cooperative joint planning of a concept plan for the creation of a regional park for the Otay Valley; and WHEREAS, the Otay Valley Regional Park Concept Plan ("Concept flan"). is a comprehensive document prepared jointly by staff of the County of San Diego and the Cities of San Diego and Chula Vista; and WHEREAS, a Policy Committee made up of one elected representative from each jurisdiction's governing Board or Council recommended that said Concept Plan be forwarded for consideration of adoption by said governing Board and Councils on July 18,1997; and WHEREAS, the City of Chula Vista Planning Commission held a public hearing on August 12, 1998, (with a summary review on October 10, 2000) and voted unanimously to recommend that the City Council adopt the Concept Plan; and WBEEREAS, the City of Chula Vista, acting as a "Responsible Agency," is required to determine that the Multiple Species Conservation Program (MSCP� Environmental Impact Report (EIR) /Environmental Impact Statement (EIS) is adequate for its purpose, and consider the environmental effects of the Otay Valley Regional Park Concept Plan project, as identified therein; and WHEREAS, the City Council set the time and place for a hearing on said Concept Plan and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within an area greater than 300 feet of the exterior boundaries of the property at least 10 days prior to the hearing in accordance with Government Code Sections 65358, 65090 and 65091(a)(1) and (2) and Chula Vista Municipal Code Section 19.06.010, 19.07.010 and 19.12,070; and WHEREAS, the hearing was held at the time and place as advertised, namely 6;00 p.m. May 15, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. - NOW, THEREFORE BE IT RESOLVED that from the facts presented to the City Council, th© Council: 1) finds in accordance with Section 15096 of the State of California Environmental Quality Act (CEQA) Guidelines, that the City of Chula Vista, as a responsible agency under CEQA, has considered the environmental effects of the project as shown in the City of San Diego's Multiple Species Conservation Programa (MSCP) Environmental Impaot Report (EIR) / Environmental Impact Statement (STS) prepared by the lead agency dated March 18, 1997, and has reached its own conclusion on whether and how to approve the project, and 2) adopts the OVRP Concept Plan in the form presented. _ .. — -- — — ---- ------ Attachment — Attachment 2 Resolution 2001-148 Page 2 Presented by t � Obert A. Letter Planning and Building Director Approved as to farm by ,Io , Kaheny Pffy Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15`h day of May, 2001, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: ATTEST: Councilmembers: Susan Bigelow, City Cleo --- STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Padilla, Rindone, Salas and Horton None Davis jlw4j� Shirley Horton, ayor I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-148 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15Eh day of May, 2001. Executed this 151h day of May, 2001, t Susan Bigelow, City Cleric JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUN'T'Y OF SAN DIEGO AND THE C1TIE' S Or CHULA VISTA AND SAN DIEGO FOR THE•OTAY VALLEY REGIONAL PARK THIS AGREEMENT, dated for convenience as of the � �7 day of U U 200E is entered into by the Cities of Chula Vista and San Diego, California Municipal Corporations, and the. Cotinty of San Diego, a political subdivision of the State of California; (hercinafter referred to individually or collectively as Public Agency or Public Agencies). R E C I T A L S WHEREAS, the Public Agencies are each empowered. by law to acquire and hold property and to plati and design public facilities and appurtenances for park purposes; and WHEREAS, the public Agencies desire to coordinate aequlsitibn, planning, and design of the Otay Valley Regional Park (OVRP) for the beiiefit of their citizens and the ptiblio; and WHEREAS, joint cooperation and participation among thQ Public Agencies will be mutually beneficial and in the public interest; and WITEREAS, the Public Agencies have acquired property for OVRP and wish to coordinate the oporatiott and maintenance of OVRP for the benefit of their citizens and others, by jointly exercising their common powers in the mammer set forth in this Agrecmit. NOW, T14 RilFORE, the Public Agencies agree as follows: SECTION 1. Rescind Original ,TEPA, the Joint Exercise of powers Agreement for the Plamiing and Acquisition for OVRP dated January 30, 1999 is hereby rescinded and replaced in its entirety by this Agreennent, DOCUM hl®.03 D' 2 r�-6 1 FILED OFFICE OF THE CITY CLERK SAM iii=CO, CAI..IF`ORNIA SECTION 2, Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Cbdc of the State of Califofiiia commencing with Section 6500, (hereinafter referred to as the "Act") relating tp the joint exercise of potters commori to public agencies. The public Agencies possess the powers referred to in the above rccitals. The purpose of this Agreement is to exercise such pourers jointly by coordinating acquisition, planning, design, operations end maintenance of the QVRP. SECTION 3. Term. This Agteetrletit shall become effective wheb executed by all parties end shAll cantlnue in Ail] 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, arty money appropriated by the Publio Agencies for the implementation of th€s Agrecmciit which has not been spent shall be returned to the patties in propollion to their respective contributions, SUCTION 4, Definitions. Developwd Recreation - Areas that have been altered to provide for activo recreational rise, such as spouts fields, turf areas, recreation centers, and paved parking; Maintena. ice - The nohnaI maintenance duties cif a►i agency's ranger staff that hicludes, but not limited to: • Removai ofiitter atad illegal dump sites; h Installing and repairing fencing and gates; • Comtructing and maintaining trails; Site remediation (i.e. erosion Control). 2 G Natural open space -- Areas that are, managed for habitat valtic and passive recreation; such as trails and staging areas with interpretive facilities, Operations -Tho normal operation duties of an agency's ganger staff that include", Developing and conducting nature walks and other interpretive programs on the natural and historical features of the OVRP; Designing and preparing@xhlbits and information materials related to MP; ° Serving as liaison to other jurisdictional departments and agencics, corn!"nunity groups and organizations, and the public regarding OVRP facilities, services and improvements; Patrolling roads and trails in OVRP to monitor park usage and to enforce park rules and regulations; Ansivering questions and oxplainhig/enforcing OVRP policies and regulations, and issues; p T�eveloping, coordinating and administering DVRP gain#eitanee and security contracts; Assigning, training, and evaluating the work of contractors and volumcer 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 rmonitoring alt annual OVRP budget. SECTION 5. Boundaries. The boundaries of the, terdtory within ivhich the Nblit Agencies shall exercise their powers under this Agreement shall be the boundaries of the approved Concept Plan snap 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 W'. 3 A depiction of the Concept Plan boundaries shall not be construed to affect the user, -to . which any property may legally be devoted and is not intended to constitute an announcement of the Ptrblic 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 devoiopment. SECTION 6. Policy Conmiittee. A Policy Cornmlttee consisting of three elected representatives appointed respectively by the San Diego County Board of Supervisors, the Chula Vista City COuricit Arid 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 dispWcs that have riot been satisfactorily resolved through coordination efforts described in Section 16 herein. Tire representative for the Coatity of San Dlego shall be a nrarnber of and appointed by the County Board of Supervisors. The represeAtaffile front the City of Chula Vista shall be a member .of and appointed by the City Council. The representative flour the City of San Diego shall be a member of and appointed by the City Council. Appointt)cnt to the Policy Committee shall be for a fere) not to exceed the appointee's curfent te.rpi in office. A cltiorutn for the -purposes of conducting business will cortsi% of two members of the Policy committee,. In the abscised .6f a tjuorwij, � single mumbor ptesertt may )love to adjourn, The Policy committee may adopt bylaws, rules and regulations as requrred to conduct meetings and business. The Policy Committee shall conduct regular tnectings at least znnually and at such other times as may be determined by the Corrrmitteo or provided for in its bylaw§. 4 Tile policy Committee shall appoint a Citizen Advisory Committee and oversee its activities. The Policy QQilinlittee nlay alsp appoint alternates fpr Citizen Advisory Committee Representatives. The Ralph M. Brotvtl Act (Goverilnnent Cock Sections 54150-54963) shall govern the proceedings, noticing and general activities of the Policy Colninittee. SECTION 7. Citizen Advisory Committee. The Citizen Advisory Committee shafl consist of thirty morrnbers appointed by the Policy Cornmittee. The Citizen Advisory Comfrnittee shall select froirl Its niembership a chaiipersan and a vice -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 Citizein Advisory ConlMittee is to advise the Policy Cbhiniittee an mattefs oli which tha Policy C:ommIttee requests such c advice and to support agehey staff in various park nlaft rs. The Citizen Advisory Committee members shall serve at the pleasure of the Poliey 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 oil an item. Iri file absence da quoruM, a singlo member present "play move tb adlfourn. The Ralpll M. Brown Act (Governlinent Code Sections 54950-54963) shall govern the Proceedings, noticing azjd general activities of this Citizen Advisory Committee. SECTION S. Administration. This Agreernleni shall be a&iinistered by the Public .Agencies: This Agreement sliall be administered on behalf of the County of San Diego by the pirector of Parks and Recxe4tion; on 4 behalf of the City of Sari Diego by the Director of Park and Recreation; and oil behalf of the City of Chula Vista by the City Manager or hi ie* r designee per written designation. The County of San Diego agrees to act as lead agency foi° purposes of scheduling mcotings, preparing agendas, recording minutes and maintaining records related to the planning, design, operations and maintenance of the OVRR SECTION 9. Privileges and Immunities. All of the privileges and imitiunitles frons liability, exemptions from laws, ordinatices and rules, all pension, relief, disability, workers' dompon.s.a ion, 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 heir 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 unclear this Agt-eerncnt. SECTION 10: Pecofds and Accounts, Each Publi'.c Agonoy shall be strictly accountable for all RiNs and shall report all' recelpts and disbursea.tetzts related to the acqu1sition of real property for OVRP and to the operatlon and maintenance of OVRP under this Agreement. SECTION 11, Title of Property. All xl&h title acid interest to the rcat property acquired for the OVRP shall belong to and be vested iti the Nblic Agency, i.e., the (aogniy of $an Diego, the City of Chula Vista, or the City of San Diego, that acquired the real property. Terinination of this Agreement shall not change the right, title, or interest of airy regi propefty egmprising the OVRP. If the property is in another jurisdiction, the Public Agency that acquired the real property may retain ownerslllp of thepxoperty or'Aay transfor owne'rsllip to the jurisdiction in which the property is loc4ted if the R Public Agency in' whose jurisdiction the property is located pfovides its •weitteta consent to tbe transfer. SECTION 12. Operations and Maintenance of the, OVRP & At its cost, the City of San Diego small operate and maintain (lie public lands designated for natural open space purposes in Area "A" on 1?xhibi( "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 obligafion applies irrespective of which Public Agetidy owns the public lands in Area `•`A," but the obligation is subjeot to the availability of futids as detoi-mined by the fait Diego City Cofmcil. 13. At its cost, the County of San Diego shall operate and maintain the piEblic lands designated for natural open space purposes in Areas "B" and "C" on Exhibit "A." The Comity ofSau Diego. shall maintain these lands in a good *and sanitary order, condition and repair and in a inander reasonably acceptable to the City of Chutla Vista rind City of Sari blogo. This obligation applies Irrespective of Which Public Agency ovens the public lands in Areas "B" and "C," but obligation is subjedt to the avaliability of funds as determined by tho County of San Diego Boaid of Supervisors. C. At its solo cost, the City of Sall Diego shrill operate acid maintain for water resources. purposes (lako operations, water-irelated recreation, acid watershed protection), all of the !anal in Afea "C" oil Exhibit "A" that the City of San Diego owns. This obligation shall be subject to'tho availability of braids as determined by the Sats Diego City Council. D, The obligations of the City of San Dlego acid County of San Diego to operato aitd maintain the hAtuW open spac6 property in Arcas' A" and "13" on Exltib.it' A3' owned by the City of Chula Vista in fee of througli ail easement restricijng development .are contingent ort the 7 City of Chula Vista paying to the City and County of San Diego the funds reasonably necessary for this purpose: However, the City' of Childa Vista's obligation to pay the- Gity and County of Sart Diego is subject to the availability of funds as determined 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 specitldd bi the Multiple Species Consc i;vation Program Subarea Plans, the Ota.y Ranch Resotirce Management Plan or the Western Ctay Valley Regional Park 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 eachbe solely responsible for operating.and maintaining lands its DVRP that the respective Public Agency acquires or acquired that is or Nvill be developed for purposes of active recreation (lands not designated for natural open space purposes). G. Upon the approval of tile, owning Public Agency and approval by the policy Cocii.mlttee, a Public Agency shall have the right to enter said property for the purpose of constructing open space amenities (i.c. trails, kiosks, signage; staging area), SECTION 0, Defense acid Indornnify A. Claims Arming Frog? Sole Acts or OmJssiow ofCotioty of Sari Diego. The' County of San Diego (County) licreby agrees to defend and indemnify the City of Salt Diego and/or City of Chula.''lsta, and their respective -ago0ts, officers and efnployees, from atiy claim,, action or proceeding against the City of San Diego and/or City of Chula Vista, arlsing solely out of the acts Or omissions- of the County in the performance of this Agrecmgnt. At its sole discretion, the City of San M6i o and/or City of Chola Vista may patticipate at its own expense in the defense of any claim, action of prUee ding, but such 8 parkipation shall nut relieve the County of any obligation imposed by this Agreetiient. The City of Sari Diego -a4or City of Chula Vista shall promptly notify the County of any claim, action or proceeding and cooperate frilly in the defense. B, Claims Arising brow Sole Acts or Qinissions of City of San Diego. .The City of San Diego hereby agrees to defend and indenwify the City of Chula Vista and/or the County of San Diego, and their respective agents, officer's and enijiloyees, from any claim, action of 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 perfortnatrce 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 procceding, but such participation shall not relieve the City of San Diego of any obligation imposed by this Agrccment, The City of Chula Vista and/or the County of San Diego shall promptly notify the City of Sari Diego of any claim, action or proceoding and cooperate folly in the defense. C. Claims Arising From Sole Acts .& Omissions of City of Chula ViMa. `fire City of Chula Vista hereby agrees to defend and indemnify the City of8an Diego and/or the County of Sart Diego, and their respective agents, officers and employees, from any 'claim, action or pi`opecding against the City of San D!'ego artd/or the County Of San Diego, arising solely out of the acus or omissions of thq City of Chula Vista in the perf'ormatico of this Agreenrent. At its sole discretion, the City of San Diego and/or the County of San Diego may participate at its o-wn cxlaensc in the defense of any claim, action or proceeding, but such participation sliall not relieve City of Chufa -Vista of any obligation imposed by this Agreement. The City of San Diego acid/or tate Cowity of San Diego shall }arohiptly notify the City of Cittla'Vista of any claim, action or proceeding end cooperate fully its the defense. 9 D. Ctaims Arising From Concurrcnt Acts or Omissions. The County of San Diego hereby agrees to defend itself, tho City of San Diego lteteby agrees to defemd itself and the City of Chula Vista hereby agrees to defend itself, from any claitit, 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. lit such cases, County of San Diego, City of Sate Diego and City of Chula Vista agree to retain their own legal counsel, bear their own defense costs, and Nvaive their right to seek reimbursement of Well costs, except as provided in subsection l~ 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 Unt defense, the County of San Diegb, City of San Diego and/or City of Claula Vista may appoint joint defense counsel to defend the claim, action or i)roceeding arising out of the coricurrent acts or omissions of the County of San Diego, City of Satz Diego and/or City of Chula Vista. Joint defense counsel shall be selected by mutual agreement of the pat -ties. The parties agree to share the costs of such joint defense aria any agreed settlement in equal atimints, except as provided irr -Subsection F below, The partles further agtee that no party inay bitid the other party or parties to a settlement agreement without the written coitser)t of the othei patty or parties. p, Reimbursement and/or Reallocation, Where a final judgment of a court or art arbitration awat•d allocates 6r determines the cutriparativo fault of the parties, tate County of San Di:eJL,,o, City of San Diego and/or City of 10 n Chula Vista may seek reimbursement and/or reallocation of defense costs, settlement p,�yinents, judgments and awards, consistent with such comparative fault, SBCTION 14. Entrance on Promises Each Publib Agency reserves and shall always have the right to enier the land that it om,ns irrespective of whether the land is in Area" A," "B" oi, "Cay on Exhibit "A." SECTION 15: 'OVRP Revenue Tile Public A.gencles agree that all revenues obtained from the operation and use of the OVRP -natural opera spaco prgperty showp in Areas ",A,","B" and "C" on Exhibit "A" shall be collected by the Nblic Agency managing the lands and shall be used exclusively for OVRP natural open space purposes as deftlzed in Section 2. Por lands shown in Exhibit W', Area "C", all water -related revenues will remain with the City of Satl Diego, but all natural open space related revenues shall be collected by the County of San. Diego Parks and Recreation Department end used exolus.Mly for OVRP natural open space purposes. SEGTI ON 16, Coordination of Operations and Budget, Oil or befiore Decen ber 31 of each year, the Chief Administrative Officer of the County of Sats Diego and the. City MAnagers of the Cities of San Diego and Chola Vista, or their designecs, shall meet to revises acid tosolVb ally issues or disputes regarding development, operation and maintenance, and to determine an genual budget for the OVRP n4tural open space lands, shown it! YaNhibit "A", that is equitable to each public agency an4 arrange for trailsfels of funds as may be authorized by then respective agemies. S1-'CTI:ON 17..Notices. Any notico or notices provided by flus Agreement or required by law to be giveaa or served upon the Public Agencies away be given by depositing the same in the United States mail, postage prepaid, 4ddressed to the Director of Parks anti Recreatlon, County of Satz 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 C hula Vista at 276 0' 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 Agrcement shall be goverlwd by the laws of the State of Cali�oc�nia, SECTION 19, FO -visions Required by Law. Each and every provision of law and clause required by law to be inserted in this Agreenie.nt 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 Agrooment shall forthwith be physically amended to make such insertion or correction. SECTION 20, Partiallnwilidity. If any provision of this Agr eca6nt or the application thereof to Any person oi' circumstances shall to zairy-cxtctit, be invalid or unenforceable, the toiiainder of this Agreement, or the dpplicati6n of stibh provision to persojts or circun3stghce8 other than those as to which it i8 invalid or unenfofedable, shall be unaffected thereby and shall remain valid and be enforced to the fullest extent permitted by law. 12 SEMON 21. Exccution, This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original, birt all together shall constitute but one and the swine Agreement. It is also understood and agreed that separate counterparts oft i Agroemont may be separately executed by City of San Diego, Ciiy of Chula Vistu, and County of San Diego, all with the same Rill force artd effect as though the satire counterpart has .beery executed sitnultancously by each City and the County of San )ogo. 8 CTION 22. Terinllratf 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, artless 51 shorter time is agreed upon in Wtiting'by the Public Agciicies, SECTION 23, Entire Agreement. I 'This Agreement Contains the entire understanding to the parties With respect to the sobjert matter contained herein, All prior understandings and representations, written aild oral, are supersoded by this Agreement. No' term or pfovision li�reof may be changed, Nvaived, discharged or terrainuted unless the same be in writing; and signed by the parties to the. Agreement, 13 r 1 r f 1 + IN WITNESS NVHEREOF, the parties hereto have caused this Agreement to be executed gild tittested by their prober officers therein to duty authorized, a' of this date first written. SFpc Gity Clerk CITY OF SAN DIEGO t Ci(y Man ger .ATTEST: City C1 rk COUNTY O1= SAN DIEGO By: Director ofNrks mid Recreation -Approvi!d as fonn ml 1 tlus.l, ll� I�rrr,rinn+�� o�lrr lin .. nrr rlrfilrrrirr•% {i+�4 MIC L; J. AG FIRE, ity Aitorlvy LAI �ySlpSF11H 11 F+II+rFrl.r 1•Irr++(+11llf rlf r1111/l+/r1F/111/ii�FF5H�171 Deputy City Attorney 14 30,003 OUPIKIVIIIAL FIRST AMENDMENT TO 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 PARD This First Amendment, datcF JUL 31204-convoliience,iseiiterediiito by the Cities of Chula ,Vista and San Diego, California municipal corporations, and the County of Sart Diego, a political subdivision ofthe State of California (xcferred to individually or collectively as Public Agency or Public Agenoies), RECITALS WHEREAS, the Public Agencies entered into a Joint Exercise of Powers Agreement for the Otay 'Valley Regional Park dated July 5, 2006 (JEPA); and "WHEREAS, among other things, tho JBPA establishes a Citizen Advisory Committee of 30 members appointed by the Policy Committee with a quorum being 12 members; and WHEREAS, both of those 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: l-. 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 bythe Policy Corm nittee. The Citizen Advlsoxy Co uni.ttee shall select from its membership a chait-person and a vice -chairperson. The Citizen Advisory Committee shall be comprised of mombers 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 parr matters. The Citizen Advisory Committee members shall serve at the pleasure of the Policy Committee for a term to be set by Clic Policy Committee. A quorum, defined as a - -- - -i- ajoxz# oI'zion v�tean seats of the Citizen Advisory Committee; must bepresent iti order to conduct business, to make recommendations on projects, and to tale action at zneeti_ngs. A. simply Mai Odty of the members present shall be :required to take action on an item, In the absence of a quorti m, a single member present Way move to adjourn, The RalPh M. Brown .Act (Government Cole 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'4 rrNES8 WHEREOF, the pafflc,� hereto have caused this Dirt Amendment to be oxecitted and attested by their prop or officers therounto duty authwized, as of this date first written above. CITY OF SAN DIEGO By: ATTEST; 9 `�,M(Goq-A - City Clerk CITE' O)V CHULA VISTA By a,G yor ATT.H T: City Cleric COUNT OF SANDIEGO By. Director o£ arks and Recreation 2 Approved as to form and legality City Attorney By: Deputy Cityttoffacy C� Approved as to form 6b By. City ftorne Approved as to foam and legality County Counsel By: Senior Delkty ,13t (R-2013-45) RESOLUTION NUMBER R-_ e6-�' DATE OP PINAL PASSAGIF, AUG 1$ 2012 A RESOLUTION OF THE COUNCIL OF THE CITE' OF SAN DIEGO AUTHORIZING THE MAYOR TO EXECUTE A. FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA. AND SAN DIEGO FOR JW OTAX VALLEY REGIONAL PARD, IWIEREAS, the concept of creating a regional park in the Otay Valley was first introduced to the Mayor acid fhe City Council in a memorandum dated April 6,1988; and WHEREAS, on April 30, 1990, the City Council adopted Resolution No, R-275620 I approving tho establishrrient of the Otay Valley Regional Park Joint Exercise of Powers Agreement (JEPA); and WHEREAS, the JEPA, established the Policy Committee (PC) and the Citizens Advisory Corxrrnitteo (CAC) for the plarrrung of the jurisdiction and design of the Otay Valley Regional Park; and WHEREAS, on October 10) 2005, the City Council adopted Resolution No. R-3 00902 approving the revised JEPA to address maintenance and operations betix�eea the jurisdiotions; and WHEREAS, the JEPA approved on October 10, 2005 contained language addressing the rnirrirnum azumber of votes necessary for the CAC to take a -Won; and WHEREAS, on June 27, 2005, the City Council adopted Resolution No, R-0301593 approving the revised JEPA to address maintenance and operations and to modify the rnirrinmrxr number of votes necessary for the CAC to take action; and -PAGE 1 OP 3- (R-2013-45) WHEREAS, the JEPA approved on June 27, 2006 estabjished the CAC of 30 In.embers appointed by the PC and defined a quorum constitutes 12 member, however both numbers have proved to be too high to conduct business; and WHEREAS, the public agencies wish. to amend the JEPA. to xeduce the number of CAC jnenbers to 21 and adjust the number that constitutes a quorum.; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Satz Diego, that the Mayor or his designee is authorized to execute, for and on behalf ofthe City, the First Amendment to Joint Exercise ofPowers Agreement among tho County of San Diego and the Cities of Chula Vista and San Diego for the Otay Valley Regional Park (First A-inondinent), under the terns and conditions set forth in the First &-tendment among the City of San Diego and Chula Vista and the County of San Diego, which is on file in the Office of the City Clerk as Dominent Aro, RR- 12 3 APPROVED: JAN f. GOLDSMITH, City Attomey By`�.� Hilda R. Mendoza Deputy City Attonzey HRM:als 07/17/2012 Or.Dept:P&R Doe, No, 399077 . 307623 -PAGE 2 OF 3- (R-2013-45) X hereby certify that the foregoing Resolution was passed by the Council of the City of San Diego, at this ineeting of J U L 312012, BLTZ,A.BETH S. MALAND City Cleric By. De Approved, (da e} JFn—Y AV6BiZS, Jm yor Vetoed, (date) JERRY S.ANDBR�, Mayor -PAGE 3 OF 3- 307623 �- JUL 2012 Passed by the Counail of The City of San Diego on , by the following vote; Couneilmembers Was Nays Not Present Reused Sherd f igbtner ❑ ❑ ❑ Kevin Paulco7uer ,df ❑ ❑ ❑ Todd Gloria L! ❑ ❑ ❑ Anthony Young j ❑ ❑ ❑ Carl DeMaio ❑ ❑ Lurie Zapf ❑ ❑ ❑ Marti Emerald ❑ ❑ I ❑ David Mvarez ❑ ❑ ❑ Date offnalpassage . AUG 2OI2 WRRY SAMERS A.UTHMTICA.TED BT: Mayor of The City of San Diego, Califoznia;. (Seal) s m Diego, California. Office of lho.0€ty Clerk, Sari Diego, California Deputy Passed. by the Council of The City of Sart Diego on Xgly 31 2012 by the Following Mote: YEAS.- LIGHTNER, FACULCONE, R, CLORM, YOUNG, DUMAIO, ZAP)% ALVAREZ, NAYS; NONE. NOT PRESENT; EMERALD. VACANT: NONE. RE CUBE, .NONE. .AUTEWNTICAT D 13Y, JERRY" SA"ERS Mayor of The City of San Diego, California ELM"Ll 11t S. MALA,ND . City Clerk of Tits City of ,fan Diego, Cai forma. By: Pe Ra ers , Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ri;?SOLUTI=ON NO. Rw 0 '623 apjiroved by The Mayor ofthe City of Sat Diego, Califbn ia. on A—m-alist 13 2412 ELIME' 'H S. MALA" City Clerk of The City4fSa�ego, California (SEAL)