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HomeMy WebLinkAbout1985-10-29; City Council; Resolution 8249'? 1 2 3 4 5 6 7 E s 1c 11 1: t 0 1l l! 2( 2: 2; 2: 24 2, 21 2' 21 RESOLUTION NO. 8249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY OF SAN DIEGO CONCERNING McCLELLAN-PALOMAR AIRPORT. WHEREAS, the County of San Diego and the City of Carlsbad have reached an agreement regarding McClellan-Palomar Airport expansion, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the County of San Diego and the cities of Oceanside, San Marcos and Carlsbad regarding McClellan-Palomar Airport operations marked Exhibit A and made a part hereof, is hereby approved. 2. That the City's approval shall be effective even if the other cities do not choose to participate. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 4. That the City of Carlsbad requests that the Board of Supervisors approve the agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of th' City Council of the City of Carlsbad, California, held on the 29th day of October , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None U ATTEST : ALETHA L. RAUTENKRANZ, City CjLerk LztQ2ALdL JOINT EXERCISE OF POWERS AGREEMEXT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF CARLSBAD, OCEANSIDE, AND SAN NARCOS THIS AGREEMENT made and entered into this - day of , 1985, by and between the COUNTY OF SAN DIEGO, State of California, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and the Cities of CARLSBAD, OCEANSIDE, and SAN MARCOS, all municipal corporations of the State of California, hereinafter referred to as "CITIES". WITNESS ETB: ? WHEREAS, the COUNTY owns an airport in northern San Diego County known as the McClellan-Palomar Airport (hereinafter referred to as the "Airport") which was constructed in part with County funds along with a Federal Aviation Grant. A condition for receiving said Grant provided that the Airport be utilized for airport purposes; and sr WHEREAS, the CITIES have a concern that the Airport will be expanded in a manner which would lead to an increase in Airport noise; and WHEREAS, the Airport does not have an incompatible lar?d use as defined by State Noise Standards; and WHEREAS, the Airport has been granted.a limited Airport Operat- ing Certificate by the Federal Aviation Administration; and WHEREAS, the COUNTY has eliminated the second runway from the Airport master plan; and WHEREAS, the COUNTY has eliminated any extension in len3th of the single runway from the Airport master plan; and LMH : rcl 10/1/85 WHEREAS, the Federal Aviation Administration had concurred in the elimination of the second runway and deletion of a runway extension in length; and WBEREAS, the COUNTY has the authority to monitor aircraft noises; and WHEREAS, the COUNTY - and each City has the authority to estab- lish, own, operate and expand an airport; and WHEREAS, the Airport is situated within the City limits or’ the .City of Carlsbad and under Public Utilities Code %&ioa 21661.6 the City of Carlsbad would have to approve any plan to acquire land within its corporate boundaries to expand or enlarge the Airport; ‘ and WHEREAS, the existing development of the Airport and its vici- nity makes it impractical for COUNTY to consider the expansion of the eirport; and WHEREAS, the CITIES are desirous of obtaining from COUNTY a long term and binding commitment that the Airport will not be expanded without the unanimous consent of the CITIES; and WEREAS, in order %o ensure that this agreement is biding qon future boards and councils, COUNTY and CITIES desire to embody their respective commitments in this Joint Exercise of Powers Agreement with the understanding that all parties to this Agreement have the powers, unless otherwise determined by a court of competent juris- diction, the exercise of which is contemplated by this Agreement. NOW, THEREFORE, be agreed by the CITIES and the COUNTY that: 1. This Joint Exercise of Powers Agreement hereinafter referred to as l'Agreement'l is made under the provisions of Article I, Chapter 5, Division 7, Title 1 (commencing with Section 6500 of the Government Code of the State of California)r and is made for the express purpose of (a) carrying out the intentions of of the COUNTY and the CITIES as expressed in the recitals to this Agreement; (b) enabling the CITIES and COUNTY to engage in collective activities to provide for the continued operation of the Airport and the provision of airport services to the North San Diego County area; and (c) provide for collective action in order to minimize the risk of any possible liability of either of the CITIES or COUNTY for damages caused by noise caused by aircraft overflights. The purposes of this Agreement shall be accomplished and the powers shall be exercised in the manner set forth below. 3 2, THE COUNTY AGREES IT WILL: (a) Not apply for a full Airport Operating Certificate without the unanimous consent of the CITIES. (b) Not construct a second runway at the Airport without the unanimous consent of the CITIES. (c) Not extend the length of the runway at the Airport without the unanimous corsent of the CITIES, Not permit the maximum gross aircraft weight to exceed (d) 60,000 pounds without the unanimous consent of the CITIES. (e) Operate the Airport in compliance with state or federally mandated noise standards. 7 (f) Continue, for a period of one (1) year, to monitor air- craft noise, including Single Event Noise Exposure Levels (SENEL), in the Airport Referral Area as described in the Palomar Airport Comprehensive Land Use Plan, identify noise sensitive areas and include them in the Airport's voluntary noise abatement program, and update the pilot education program for noise abatement procedures. Thereafter, the County will monitor noise only if (a) the COUNTY, in its sole discretion, determine? it to be bene- ficial; or (b) the CITIES agree to payrfor the cost of monitoring. ' 3. THE CITIES AGREE THEY INDIVIDUALLY AND COLLECTIVELY WILL: 4 Not become involved in or interfere with the daily opera- tions or administration of the Airport and will limit involvement in administrative policy matters to those permitted by this Agreement. Recognize the Airport Influence Area (as shown on the Comprehensive Airport Land Use Plan), incorporate it into each of their general plans, and otherwise comply with the provisions of Article 3.5 (commencing with Section 21670), Chapter 4, Part 1, Division 9 of the Public Utilities Code of the State of California, providing for airport land use commissions. Recognize that COUNTY-owned industrial park and Fixed Base Operator facilities on Airport property are not in any way affected by this Agreement. 8 Cooperate in insuring that the Airport continues to pro- vide air transportation and fixed base aviation services to all citizens of the north county area. Recognize that this Agreement does not in any affect the rights and duties of the COUNTY under any Agreement with the State of California or the United States Government or agencies thereof, or any tenant of the Airport, 4, IT IS MUTUALLY AGREED AS FOLLOWS: (a) Administrators of this Agreement, one for?each of the public agencies participating, are as follows: a Director Department of Public Works 5555 Overland Avenue Building 2 San Diego, CA 92123 - County of San Diego City of Carlsbad City of Oceanside City of San Xarcos (b) Notices given by a party to this Agreement to any other party shall be in writing and addressed to the party's administrator specified herein, i (c) This Agreement may be amended only upon the prior written approval of the Board of Supervisors and the city councils of CITIES, (a) Execution of this Agreement by the parties may be by separate copies, and once a copy is executed by each party, the Agreement shall become binding upon all parties as if all had executed the same copy. (e) The terms, covenants and conditions of this Agreement shall be binding upon the successors of epch party unless otherwise ordered by a court of competent jarisdiction. But so long as a party to this Agreement-remains in exis- tence, its rights and obligations hereunder shall not be assigned or in any way transferred to another without the prior written consent of all other parties hereto. (f) In the event legal action is brought to enforce the terms of this Agreement, the successful party or parties shall be entitled to reasonable attorney's fees and other costs JI in amounts to be fixed by the court, Except as otherwise provided in this Agreement, the COUNTY shall continue to operate and manage the Airpork within its discretion as it has done heretofore, If any party to this Agreement believes that any other party is in breach of this Agreement before taking any steps to institute a litigation the matter shall be submitted to the admini- strators of this Agreement who shall attempt to resolve the problem in the spirit of good faith and cooperation. (g) If after that process any party to this Agreement remains convinced that another party is in breach of this Agree- ment they shall submit their pGsition in writing to the other party and give the other party a reasonable period ' of time to remedy the alleged breach before any litigation can be instituted. (h) Some duties and obligations created by this Agreement are to be jointly exercised by the parties. However, certain provisions of this Joint Powers Agreement ar,ticipate pri- mary performance by one of the parties .with the role of f the others limited to support and assistance, This Agree- ment also provides that the undertakings of the parties are to be performed at different times and that once per- formed cannot be undone. It is also understood that the agreement contemplates the performance of many duties which are special unique and that the value of performance cannot be assessed in terms of inoney or monetary damages. In light of the foregoing it is agreed that injunctive relief is the only appropriate and adequate remedy in the event of a breach of this Agreement. 3 (i) Each party shall immediately notify the other of any liti- gation or claim challenging the validity, legality or enforceability of any provision of this Agreemen-c. The parties expressly acknowledge and agree that they Cj) shall be jointly and severally liable for any liability that may arise where the County wishes to take action ’L under Section 2 subsections (a), Agreement but CITIES refuse to consent to such action. COUNTY agrees to allow contribution by each city of its (b), (c) or (d) of this share of any such liability limited to the rate of no more than $10,000 per year until each city’s pro rata share is paid in full, 5. This Agreement sets forth the entire understanding of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed and attested by their proper’officers thereunto duly authorized, their official seals to be hereto-affixed, as of the date first written above: CITY OF CARLSBAD BY ATTEST : jr CITY OF OCEANSIDE BY ATTEST: CITY OF SAN M2UCOS BY ATTEST : COUNTY OF SAN DIEGO BY KATHRYN A. NELSON, Clerk Board of Supervisors ATTEST :